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The Four Courts of Sir Lyman Duff
THE FOUR COURTS OF SIR LYMAN DUFF RICHARD GOSSE* Vancouver I. Introduction. Sir Lyman Poore Duff is the dominating figure in the Supreme Court of Canada's first hundred years. He sat on the court for more than one-third of those years, in the middle period, from 1906 to 1944, participating in nearly 2,000 judgments-and throughout that tenure he was commonly regarded as the court's most able judge. Appointed at forty-one, Duff has been the youngest person ever to have been elevated to the court. Twice his appointment was extended by special Acts of Parliament beyond the mandatory retirement age of seventy-five, a recogni- tion never accorded to any other Canadian judge. From 1933, he sat as Chief Justice, having twice previously-in 1918 and 1924 - almost succeeded to that post, although on those occasions he was not the senior judge. During World War 1, when Borden considered resigning over the conscription issue and recommending to the Governor General that an impartial national figure be called upon to form a government, the person foremost in his mind was Duff, although Sir Lyman had never been elected to public office. After Borden had found that he had the support to continue himself, Duff was invited to join the Cabinet but declined. Mackenzie King con- sidered recommending Duff for appointment as the first Canadian Governor General. Duff undertook several inquiries of national interest for the federal government, of particular significance being the 1931-32 Royal Commission on Transportation, of which he was chairman, and the 1942 investigation into the sending of Canadian troops to Hong Kong, in which he was the sole commissioner . -
'Atlantic Seat' on the Supreme Court of Canada: an Endangered Species?
Osgoode Hall Law School of York University Osgoode Digital Commons Research Papers, Working Papers, Conference All Papers Papers 2017 The Atl‘ antic Seat’ on the Supreme Court of Canada: An Endangered Species? Philip Girard Osgoode Hall Law School of York University, [email protected] Follow this and additional works at: https://digitalcommons.osgoode.yorku.ca/all_papers Part of the Law Commons Repository Citation Girard, Philip, "The A‘ tlantic Seat’ on the Supreme Court of Canada: An Endangered Species?" (2017). All Papers. 277. https://digitalcommons.osgoode.yorku.ca/all_papers/277 This Working Paper is brought to you for free and open access by the Research Papers, Working Papers, Conference Papers at Osgoode Digital Commons. It has been accepted for inclusion in All Papers by an authorized administrator of Osgoode Digital Commons. “The ‘Atlantic Seat’ on the Supreme Court of Canada: An Endangered Species?” Philip Girard* I. Introduction The sigh of relief on the Atlantic coast could be heard all the way to Ottawa on October 17, 2016. On that day, Prime Minister Justin Trudeau announced the nomination of Justice Malcolm Rowe of the Newfoundland and Labrador Court of Appeal to the Supreme Court of Canada seat vacated by Justice Thomas Cromwell. Justice Cromwell’s replacement was to be the first appointed pursuant to a new process put in place by the Trudeau government. When that process was unveiled on August 2, 2016, Trudeau announced that the position would be open to any qualified Canadian lawyer or judge who was functionally bilingual and “representative of the diversity of our great country.” A further clarification stated that “[a]pplications are being accepted from across Canada in order to allow for a selection process that ensures outstanding individuals are considered for appointment to the Supreme Court of Canada,” confirming that Atlantic Canadians did not have a lock on the position.1 People on the east coast generally take most things in stride, but this proposed change created a considerable outcry. -
6 Toward Centre Stage 1933-1949
6 Toward Centre Stage 1933-1949 The early years of the Great Depression witnessed considerable ill health and personal problems among the justices of the Supreme Court of Canada. In Decemberr 1931 E.L. Newcombe died, and in the following year all other members ofthe Court (with the exception of Arthur Cannon) were unwell. The leader of the opposition recorded the general public concern: ‘Had a pleasant talk with Aime Geoffrion, K.C. he discussed the great weakness of the Supreme Court, Duff ill, Anglin ill, Rinfret overdone & ill, Lamont & Smith not too well or up to much - 4 vacancies probable, - difficult to fill.” A genuine problem existed. Most serious was the ill health of Chief Justice Anglin. Early in 1929 he applied for a leave of absence in the hope that a prolonged rest in the Caribbean would restore him to vigour, but the cure was unsuccessful. In the fall Prime Minister King found the chief justice ‘to be failing, to have lost all his brightness, has little to say for himself.’ In each of the next four years Anglin found it necessary to apply for further leaves. On the first three occasions the government acceded to his requests, but by early 1933 some other response was called for.’ Mackenzie King, as leader of the opposition, was quite disturbed by thechief justice’scondition: ‘C.J. Anglin ... called here this afternoon. He could not speak & I felt he was going to pass away when he took a seat. He will not last long ... Saw Judge Anglin about resigning [;] advised him to do so, he can hardly speak.. -
Persons -The Canadian Encyclopedia
Persons Case - The Canadian Encyclopedia about:reader?url=http://thecanadianencyclopedia.ca/en/article/persons ... thecanadianencyclopedia.ca Persons -The Canadian Encyclopedia Tabitha Marshall 10-12 minutes .i \ The Persons Case (officially Edwards v. A.G. of Canada) was a ~; constitutional ruling that established the right of women to be appointed to the Senate. Louise McKinney, women's rights activist, legislator Louise McKinney was one of the appellants in the Persons Case and one of the first women elected to a legislature in Canada (courtesy Glenbow Archives!NA-825-1). The Persons Case (officially Edwards v. A.G. of Canada) was a constitutional ruling that established the right of women to be appointed to the Senate. The case was initiated by the Famous Five, a group of prominent women activists. In 1928, the Supreme Court of Canada ruled that women were not "persons" according to the British North America Act and therefore were ineligible for appointment to the Senate. However, the women appealed to the Privy Council of England, which in 1929 reversed the Court's decision. The Persons Case opened the Senate to women, enabling them to work for change in both the House of Commons 1 of5 2018-03-07. 9:33 Al-1 Persons Case - The Canadian Encyclopedia about:reader?url=http://thecanadianencyclopedia.ca/en/article/persons ... and the Upper House. Moreover, the legal recognition of women as "persons" meant that women could no longer be denied rights based on a narrow interpretation of the law. Women, the Vote and Political Office By 1927, most Canadian women were able to vote in federal elections and provincial elections (except Quebec). -
The Supreme Court of Canada and Judicial Legitimacy: the Rise and Fall of Chief Justice Lyman Poore Duff
The Supreme Court of Canada and Judicial Legitimacy: The Rise and Fall of Chief Justice Lyman Poore Duff R. Blake Brown* Legal institutions often seek to achieve legitimacy Les institutions ligales cherchent souvent Aobtenir leur I- through connections to prominent members of the legal profes- gitimit6 en citoyant d'importantes personsalitis de In profession sion. Sir Lyman Poore Duff, a member of the Supreme Court of juridique. Sir Lyman Poore Duff, membre de In Cour supreme du Canada from 1906 to 1944, was heralded as one of the greatest Canada de 1906 A1944, a t dsign6comme l'un des plus grands jurists in Canada's legal history during the 1930s and 1940s. juristes de l'histoirejuridique du Canada des annies trente et qua- His reputation helped engender confidence in and provide le- rante. Sa rputation a aid6 Aengendrer In conflance dans Ia Cour gitimacy to the Supreme Court of Canada. suprme du Canada et lui dorner sa ligitimit& During the Court's period of transition leading up to the Pendant Ia pdriode de transition de In Cour menant Ala end of appeals to the Judicial Committee of the Privy Council fin des appeis au Comit6 Judiciaire du Couseil Priv6 en 1949, 2002 CanLIIDocs 41 in 1949, Duff emerged as a justice thought capable of leading Duff se rdvdla Etre un juge capable de diriger une cour ind6- an independent Court. Although arguably only an adequate ju- pendante. Bien que 'on puisse soutenir que Duff n'est qu'un rist, Duff's educational, ethnic, class, and religious background juriste ad~quat, son &ucation et ses acquis ethnique, religieux were of the kind required of an authoritative legal figure during et des diffirends de classes 6talent de ceux exigds d'un person- this period. -
The Supreme Court of Canada and Judicial Legitimacy: the Rise and Fall of Chief Justice Lyman Poore Duff
The Supreme Court of Canada and Judicial Legitimacy: The Rise and Fall of Chief Justice Lyman Poore Duff R. Blake Brown* Legal institutions often seek to achieve legitimacy Les institutions ligales cherchent souvent Aobtenir leur I- through connections to prominent members of the legal profes- gitimit6 en citoyant d'importantes personsalitis de In profession sion. Sir Lyman Poore Duff, a member of the Supreme Court of juridique. Sir Lyman Poore Duff, membre de In Cour supreme du Canada from 1906 to 1944, was heralded as one of the greatest Canada de 1906 A1944, a t dsign6comme l'un des plus grands jurists in Canada's legal history during the 1930s and 1940s. juristes de l'histoirejuridique du Canada des annies trente et qua- His reputation helped engender confidence in and provide le- rante. Sa rputation a aid6 Aengendrer In conflance dans Ia Cour gitimacy to the Supreme Court of Canada. suprme du Canada et lui dorner sa ligitimit& During the Court's period of transition leading up to the Pendant Ia pdriode de transition de In Cour menant Ala end of appeals to the Judicial Committee of the Privy Council fin des appeis au Comit6 Judiciaire du Couseil Priv6 en 1949, in 1949, Duff emerged as a justice thought capable of leading Duff se rdvdla Etre un juge capable de diriger une cour ind6- an independent Court. Although arguably only an adequate ju- pendante. Bien que 'on puisse soutenir que Duff n'est qu'un rist, Duff's educational, ethnic, class, and religious background juriste ad~quat, son &ucation et ses acquis ethnique, religieux were of the kind required of an authoritative legal figure during et des diffirends de classes 6talent de ceux exigds d'un person- this period. -
The Supreme Court of Canada a Biographical Study George Adams and Paul J
Osgoode Hall Law Journal Article 3 Volume 7, Number 1 (November 1969) The uprS eme Court of Canada: A Biographical Study George Adams Paul J. Cavalluzzo Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/ohlj Article Citation Information Adams, George and Cavalluzzo, Paul J.. "The uS preme Court of Canada: A Biographical Study." Osgoode Hall Law Journal 7.1 (1969) : 61-86. http://digitalcommons.osgoode.yorku.ca/ohlj/vol7/iss1/3 This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in Osgoode Hall Law Journal by an authorized editor of Osgoode Digital Commons. THE SUPREME COURT OF CANADA A BIOGRAPHICAL STUDY GEORGE ADAMS AND PAUL J. CAVALLUZZO* Introduction The Supreme Court of Canada was established in 1875, under the express authority of the British North America Act (s.101), to exercise appellate civil and criminal jurisdiction for the Dominion.' The Supreme Court was originally composed of a Chief Justice and five judges, the number of judges being raised to six in 1927 and nine in 1949.2 It had, from its inception, a representative federal character. The Act always provided that at least two, and now three of the judges should come from Quebec. The Act made no guarantee to any province except Quebec, but the practice of giving sectional representation on the Court has been firmly established by custom for very many years.' The late Ernest Lapointe, Minister of Justice, made the following admission in 1927: While geographical conditions should not be considered in the appointment of judges, because the best possible men should be appointed to the Supreme Court of Canada, there is one exception, namely, that two judges will always be members of the Bench or bar of Quebec, familiar with the civil law and procedure of that province. -
The Supreme Court of Canada a Final Court of and for Canadians
The Supreme Court of Canada A Final Court of and for Canadians BORA LASKIN* Toronto I. Introduction In 1894 a judge of the Supreme Court of Canada, later to be its first French-Canadian Chief Justice, lamented that "constitu- tional questions cannot be finally determined in this Court. They never have been and can never be under the present system." x The system of which he spoke has now come to an end. It was a system under which Canadian judicial dependence on Imperial authority was of a piece with Canadian subservience in both the legislative and executive areas of government. And just as the action of Imperial legislative and executive organs was necessary to bring that subservience to a proper constitutional termina- tion,' so was the action of another Imperial organ, the Judicial Committee of the Privy Council, necessary to bring to a close judicial dependency.'- A colony may outgrow but it does not escape its origins without revolution. Constitutional change in Canada has been far from revolutionary. It has been piecemeal, protracted and accomplished with propriety. Even today, one badge of colonialism remains -the formal amendment of the British North America Act by the Parliament of Great Britain. It will disappear, of course, as soon as representatives of the Dominion and provincial governments can agree on formulas and procedures for amendment by Canadian action alone.4 But the matter is not beset by urgency : solvitur ambulando. Bora Laskin, M.A., LL.B. (Tor.), LL.M. (Harv.), Professor of Law, School of Law, University of Toronto. I Taschereau J. -
The Four Courts of Sir Lyman Duff
THE FOUR COURTS OF SIR LYMAN DUFF RICHARD GOSSE* Vancouver I. Introduction. Sir Lyman Poore Duff is the dominating figure in the Supreme Court of Canada's first hundred years. He sat on the court for more than one-third of those years, in the middle period, from 1906 to 1944, participating in nearly 2,000 judgments-and throughout that tenure he was commonly regarded as the court's most able judge. Appointed at forty-one, Duff has been the youngest person ever to have been elevated to the court. Twice his appointment was extended by special Acts of Parliament beyond the mandatory retirement age of seventy-five, a recogni- 1975 CanLIIDocs 26 tion never accorded to any other Canadian judge. From 1933, he sat as Chief Justice, having twice previously-in 1918 and 1924 - almost succeeded to that post, although on those occasions he was not the senior judge. During World War 1, when Borden considered resigning over the conscription issue and recommending to the Governor General that an impartial national figure be called upon to form a government, the person foremost in his mind was Duff, although Sir Lyman had never been elected to public office. After Borden had found that he had the support to continue himself, Duff was invited to join the Cabinet but declined. Mackenzie King con- sidered recommending Duff for appointment as the first Canadian Governor General. Duff undertook several inquiries of national interest for the federal government, of particular significance being the 1931-32 Royal Commission on Transportation, of which he was chairman, and the 1942 investigation into the sending of Canadian troops to Hong Kong, in which he was the sole commissioner .