Document generated on 09/25/2021 7:35 a.m. Ontario History Joseph Alphonse Valin Ontario Francophone Judge, 1895 Nestor Prisco Volume 109, Number 1, Spring 2017 Article abstract After Confederation, the provinces administered justice but the dominion URI: https://id.erudit.org/iderudit/1039200ar government appointed judges. In 1894 Ontario’s Mowat government passed DOI: https://doi.org/10.7202/1039200ar legislation to create Nipissing judicial district. It was then up to the Dominion government to appoint a judge. By early 1895, the Bowell administration issued See table of contents an order-in-council and the new judge was waiting in the wings. But the perfunctory Royal assent never occurred. Bowell reneged. In a matter of days, the Premier abruptly reversed course and appointed someone else. What Publisher(s) grounds may have precipitated such an unusual change of position? Was it partisan pressure, fresh revelations, a response to a crisis or political strategy? The Ontario Historical Society Was it a bold move that signaled a new direction? Or was it a balm to quiet unrest or a need to satisfy aggrieved followers and gain support? Those are ISSN challenging questions that will be canvassed in this article. 0030-2953 (print) 2371-4654 (digital) Explore this journal Cite this article Prisco, N. (2017). Joseph Alphonse Valin: Ontario Francophone Judge, 1895. Ontario History, 109(1), 89–106. https://doi.org/10.7202/1039200ar Copyright © The Ontario Historical Society, 2017 This document is protected by copyright law. Use of the services of Érudit (including reproduction) is subject to its terms and conditions, which can be viewed online. https://apropos.erudit.org/en/users/policy-on-use/ This article is disseminated and preserved by Érudit. Érudit is a non-profit inter-university consortium of the Université de Montréal, Université Laval, and the Université du Québec à Montréal. Its mission is to promote and disseminate research. https://www.erudit.org/en/ the capture of york Joseph Alphonse Valin Ontario Francophone Judge, 1895 by Nestor Prisco Introduction committee, the nominee makes an ap- here’s a somewhat familiar max- proved list. That is where the fun begins. im in the legal profession: Law To go forward, one needs a champion, a is the only game where the best political heavyweight who can move the Tplayers get to sit on the bench. How they nominee up the ladder. do when they get there may be debatable. There are qualifications. Good char- No preparation or judge school precedes acter is a must. Other indispensable qual- an appointment in our country yet law- ities receive corresponding considera- yers have a reasonably good understand- tion. The Minister of Justice sometimes ing of what is expected from personal looks for candidates with specific skills experience. We make instant judges from to fill positions in larger centres. For ex- the lawyer pool. It usually happens qui- ample, there may be a need for expertise etly and then descends abruptly into ob- in certain areas, such as criminal law, ad- scurity. The good news is that, on balance, ministrative law or taxation. Candidate we enjoy a justice system that respects the selection may also hinge on those more rule of law. Socrates cautioned that four predisposed to back government policy. things belong to a judge: to hear courte- One never knows what goes on in Cabi- ously, to answer wisely, to consider sober- net deliberations unless you’re in it. Even ly, and to decide impartially. then it can be a mystery.1 The best player It is the Crown’s prerogative to ap- to sit on the bench may be the one who point judges. That function devolves to can adapt to judicial life. the Cabinet. Those seeking consideration Ottawa lawyer Joseph Alphonse follow a structured procedure. Nomi- Valin represented an atypical, federally nees are vetted to filter out the unfit. -Ex appointed judge in 1895. Selection of a perience matters, but talent wins. Once francophone for a judicial posting in On- recommended by an advisory selection tario signified a watershed decision in its 1 Supreme Court of Ontario Judge Larry Pennell, former Solicitor General, surprised Nipissing Dis- trict Court Judge Fernand L. Gratton when he revealed that Judy LaMarsh almost scuppered his appoint- ment when it reached the Cabinet table. LaMarsh and Gratton were classmates, both called to the bar in 1950. Ontario History / Volume CIX, No. 1 / Spring 2017 Spring 2017 inside pages.indd 89 2017-03-04 12:23:45 AM 0 ONTARIO HISTORY time. Prime Minister Mackenzie Bowell sent a thirty-eight-year-old lawyer with Abstract eleven years experience to New Ontario. After Confederation, the provinces adminis- He chose Valin over forty-nine-year-old tered justice but the dominion government Cornelius O’Neill from Chatham, in le- appointed judges. In 1894 Ontario’s Mowat gal practice for seventeen years. His ap- government passed legislation to create Nip- issing judicial district. It was then up to the pointment represented a breakthrough Dominion government to appoint a judge. victory for Franco-Ontario. It undercut By early 1895, the Bowell administration is- the forces of Orange and Protestant On- sued an order-in-council and the new judge tario. Would it be seen as a risky measure was waiting in the wings. But the perfunctory Royal assent never occurred. Bowell reneged. or a bold move at a time when Bowell In a matter of days, the Premier abruptly re- needed political backing in the worst versed course and appointed someone else. way? What grounds may have precipitated such an This paper examines the turbulent unusual change of position? Was it partisan pressure, fresh revelations, a response to a crisis period and presents a hypothesis to il- or political strategy? Was it a bold move that luminate the selection of Valin for the signaled a new direction? Or was it a balm to Provisional Judicial District of Nipissing quiet unrest or a need to satisfy aggrieved fol- over a previously confirmed candidate. lowers and gain support? Those are challenging questions that will be canvassed in this article. n Ottawa newspaper captured the Résumé: Après la Confédération, les provinces Aflavour of the political infighting administraient la justice, mais le gouvernement that attended the selection of Nipissing’s fédéral nommait les juges. En 1894, le gou- first judge in 1895: “Few men have over- vernement Mowat de l’Ontario a adopté une lé- gislation visant la création du district judiciaire come the barriers, vicissitudes and trials de Nipissing. C’était alors au gouvernement leading to fame in Canada and especial- du Dominion de nommer un juge. En 1895, ly Ontario than Mr. Joseph A Valin.”2 l’administration Bowell a publié un décret et le Undertones of passionate dissension nouveau juge attendait en coulisses. Par contre, accompanied the selection of Joseph la sanction royale, symbolique et superficielle, n’arrivait pas. Bowell est alors revenu sur sa Alphonse Valin as Nipissing’s inaugural décision. En quelques jours, le premier min- district court judge. The decision was istre avait changé d’avis et nommé quelqu’un overshadowed by a divisive constitu- d’autre. Quelles raisons ont pu précipiter cet tional question that posed a dilemma of insolite changement d’avis? Était-il question de pression partisane, de nouvelles révélations, more immediate importance and neces- de réponse à une crise ou encore d’une stratégie sity. The recently formed Bowell minis- politique? S’agissait-il d’un geste audacieux try was in the midst of a major crisis, the qui signalait une nouvelle direction? Ou bien Manitoba Schools Question. Having était-ce une tentative d’apaisement et une néces- sité afin d’obtenir le soutien de partisans lésées? his followers wrangle over a judicial of- Voilà des questions sur lesquelles nous nous pencherons dans cet article. 2 “Judge Valin Now”, Ottawa Daily Press, 11 March 1895. Spring 2017 inside pages.indd 90 2017-03-04 12:23:46 AM joseph alphonse valin fice acutely detracted from the compel- minion government to appoint a judge. ling imperative to unite the troops for By early February 1895, the Bowell the battle in Manitoba. The resolve to go administration had made its choice; the with Valin was a gutsy move by a Prime order-in-council (OIC) had been issued Minister struggling to cater to divergent and the new judge was waiting in the factions in his ministry. wings. It only needed Royal assent, a per- The Dominion government fell into functory formality. But it never made it disarray after John A. Macdonald’s death to that stage. For obscure reasons, Bowell in 1891. By 1895, the Liberal-Conserva- reneged. In a matter of days, the Prime tives were running low on consensus Minister abruptly reversed course, issued builders when they reached out to aged a second OIC for the same position and and weary Senator MacKenzie Bowell, appointed someone else. a parliamentarian without a seat in the What grounds could have precipi- Commons. Despite his call to duty, it tated such an unusual change of posi- was a formidable task to place on some- tion? Was it partisan pressure, fresh rev- one with a limited hold on his party. elations, a response to a crisis or political Some felt that Bowell had already lost his strategy that motivated a retraction? Was fastball. The party of Macdonald missed it a bold move that signaled a new direc- the energy promised by the late Sir John tion? Or was it a balm to quiet unrest, hit Thompson. Bowell faced an overwhelm- the sweet spot with aggrieved followers ing issue and discordant caucus in a time and gain support? Those are challenging that called for a stronger figure who could questions that will be canvassed in the circle the wagons and restore harmony.