Queen’s LawREPORTS Supreme justice Queen's Law celebrates Tom Cromwell, our first Supreme Court appointee Business class Queen’s business law program is on the rise Bala gala Faculty pays tribute to leading scholar and beloved teacher SUMMER 2009 Queen’s LawREPORTS Queen’s law reports is published annually by Queen’s faculty of law macdonald hall CONTENTS Queen’s university Kingston on canada K7l 3n6 tel: (613) 533-6000, ext. 74259 TOMCROMWELL: fax: (613) 533-6611 6 “ALAWYER’SLAWYER…AJUDGE’SJUDGE” email: [email protected] Queen's law graduate elevated to highest court website: http://law.queensu.ca/ 15 SPOTLIGHTONBUSINESSLAW EDITOR business law is on the rise at Queen’s, with major funding to support a lisa graham, bcom ‘88, artsci ‘92, mPa ‘08 world-class lecture series and a new clinic, and specialized opportunities Manager of Records, Registration and Communications for J.d./mba students ADVISORYEDITOR deanna morash, b.a, ll.b. BALAGALAPAYSTRIBUTETOA Assistant Dean of Administration and Finance 22 RENOWNEDSCHOLARANDGIFTEDTEACHER Queen’s law honours Professor nicholas bala, law ‘77 CONTRIBUTORS georgie binks, artsci ‘75 dianne butler Peter Jeffrey, b.a. (hons.), b.a.a. ALUMNIBOOKS 48 anne Kershaw, b.a. Justice harvey brownstone, law ’80, and mark osbaldeston, law ’94, mindy rose caterina-neufeld, b.a.(hons.), law ‘11 receive widespread acclaim for their first books alexandra manthorpe, b.a., law ‘10 robert b. marks, artsci ‘89 chris missiuna, b.J., law ‘10 ALUMNIPROFILE catherine Perkins, arts ‘58 50 Patricia allard, law ’96, continues the pursuit of social justice gillian ready, b.a.(hons.), law ‘87 alec ross, b.J. dana tye rally, b.a. christine ward, mcs 1 dean’s message hugh winsor, arts ’73, Globe and Mail Columnist 2 academic excellence 5 s c h o o l n e w s DESIGN + PRODUCTION 12 global PersPectives Queen’s creative services 18 conferences & symPosia ONTHECOVER 20 convocation - 2009 canada’s newest supreme court judge, Justice 25 faculty focus thomas cromwell, arts ’73, law ’76, on february 16, 2009, the day of his official welcoming suPPorting excellence 30 ceremony. i n m e m o r i a m 42 Photo by Philippe landreville 44 alumni focus 51 alumni notes DEAN’SMESSAGE 2009 also marks a number of other In this year’s Queen's Law Reports, great events in the life of Queen's Law. you will also find a report with up- dates on the progress made towards • This spring, the Queen's Board of achieving the goals in our Strategic Trustees voted to rename our neigh- Framework, 2005–2010, highlighting bouring Policy Studies Building in our school’s many impressive out- honour of alumnus Robert Sutherland, comes. Among other highlights, our the first black person to graduate from overall donor support is up 27 per cent Queen's (in 1852), the first black over the past four years, topping $1.1 lawyer in Canada, and the first major million in 2008–09. During this period, donor to the University (upon his our individual donor support has death in 1878). A formal renaming more than doubled. I would like to ceremony will be held on October 3. thank all of you who have generously contributed to our school, and I look • Our business law program continues forward to continuing to work with all to grow, with the launch of the new of you in support of Queen's Law. Osler, Hoskin & Harcourt LLP Distin- guished Lectures in Business Law, This is a particularly special year supported by a generous $200,000 for Queen’s Law, with the appoint- gift from the firm, and the launch of ment of our first graduate to the the Queen's Business Law Clinic, Supreme Court of Canada, Justice with a $150,000 grant from the Law Bill Flanagan Thomas A. Cromwell, Arts ’73, Law Foundation of Ontario. Dean of Law ’76. • Among the many conferences held In this year’s Queen's Law Reports, this year, the “Bala Gala” held in the you will read about Justice Cromwell’s spring was a great occasion to honour distinguished career and his long and one of the school’s most respected faithful attachment to Queen's Univer- teachers and scholars, Professor Nick sity. In April 2009, at our annual Bala, Law ’77. Toronto alumni event, we held a gala celebration of Justice Cromwell’s • Other alumni highlights include the appointment in the dazzling new groundbreaking publication of a new wing of the Ontario Art Gallery. family law book, Tug of War, by Justice Justice Cromwell will visit the law Harvey Brownstone, Law ’80, one of school this September to speak to our the first books written by a judge for students — his first return to Queen's a broad audience, in which Justice Law as a member of the Supreme Brownstone aims, in his typically Court of Canada. No doubt, this will engaging manner, to demystify family be a marvellous occasion for the law law and encourage litigants to seek school. alternatives to using the courts. Queen’s Law Reports ACADEMICEXCELLENCE Queen’s Law marks a milestone year for excellence in research, teaching and scholarship Professor Metcalf invited to A panel of world-wide senior legal (Ir)relevance of Constitutional Protec- inaugural Harvard-Stanford scholars invited Professor Cherie tion for Property Rights: Compensa- forum Metcalf, Artsci ’90, Law ’02, to present tion for Takings in Canada and the her most recent paper at the inaugural U.S." In it, she examined various inter- Harvard-Stanford International Junior ests related to efficiency and fairness Faculty Forum. The conference, held that are served by requiring the gov- October 16–18 at Stanford Law School, ernment to pay for property it takes. brought together the next generation She then uses a theoretical framework of leading legal scholars from across based on law and economics analysis the globe. to assess the broader consequences Metcalf, who also holds M.A. and of choosing a constitutional rule to Ph.D. degrees in economics from UBC protect property. A close, comparative and an LL.M. from Yale, was one of examination of Canadian and Ameri- only 12 junior law professors whose can law serves to test the theory. paper was selected for presentation Senior scholars provided commen- by the distinguished panel in a highly tary and led a general discussion. rigorous process. The competition, for “The discussions were challenging, academics with fewer than seven years but supportive,” Metcalf says. ”I was of teaching experience at a law school thrilled with the positive response, outside the United States, is a new thoughtful comments and questions joint venture between the law schools I received on my paper, from my Bernard Clark at Harvard and Stanford. commentators and other participating Professor Cherie Metcalf, Artsci‘90, Law‘02 Metcalf presented her paper "The faculty and presenters.” — Lisa Graham LSS salutes outstanding teaching The Law Students’ Society (LSS) announced the recipients of the 2008 teaching awards at a reception on April 8. LSS Awards forTeaching Excellence Professor Hoi Kong won the 2008 winter term award for Municipal Law. “I would like to thank my students for being so great and thank the LSS for the award,” Kong said. For the 2008 fall term, Professor Greg Black Professor Hoi Kong and Mary Jo Maur, Law ’85, LLM ’93, two of the four 2008 LSS teaching award Tanya Monestier won the award for recipients, with Dean Bill Flanagan and LSS President Dylan Kerr, Law’09 Commercial Law. “There is no greater satisfaction than hearing from one of it’s because I’m a product of mentoring. it was in Advanced Constitutional Law!” my former students that something they I was mentored by what I always call Stratas said. “The seminar discussions learned in my class assisted them in the ‘the Great,’” said Maur, naming Profes- crackled with brilliance and energy. real world,” Monestier said. sors Nicholas Bala, Don Stuart and the Courtrooms in the Supreme Court of late Venkata Raman. Canada and the Ontario Court of Appeal LSS Special Lecturer (Sessional) For the 2008 fall term, David echoed with the best oral advocacy from Teaching Awards Stratas, Law ’84, a partner at Heenan students that I’ve seen in some of the 15 Mary-Jo Maur, Law ’85, LLM ’93 Blaikie LLP,won his seventh award, years I’ve taught this course.” (Family Law), won the award for the breaking his own record for the most — Lisa Graham 2008 winter term. “If I’m a good teacher, teaching awards received. “What a year Queen’s Law Reports ACADEMICEXCELLENCE Legal journals publish three student papers BLG Research Fellowship now $12,000 Recent graduates distinguished themselves in 2008 with the publication of their student papers in leading academic and professional journals. Thorburn project selected for summer 2009 Author: Lauren Wihak, Law‘08 Publication: Windsor Yearbook of Access Alison Barclay, Law ‘11, was to Justice selected to assist Professor Malcolm Paper:“Quiet Contributions: Re-examin- Thorburn this summer as the 2009 Q ' ing the Benefits of a Restorative BLG Research Fellow at ueen s Law. Approach to Sentencing in the Aboriginal Bernard Clark The two are working on a project enti- Context” Lauren Wihak, Law‘08; Christopher Slade, tled, “Police Powers and the Rule of Law‘08; Mathew Good, Law‘09 Law: New Challenges in the Age of Lauren decided to use her paper, Privatization.” originally a term essay for a 2006 alike who are faced with the timely, The Faculty selected Thorburn’s course with Professor Malcolm practical and challenging issues that research project to receive the $12,000 Thorburn, as a writing sample for a it addresses,” Knutsen says.