Bora Laskin
Encyclopedia
Bora Laskin, PC
, CC
, FRSC (October 5, 1912 – March 26, 1984) was a Canadian
jurist
, who served on the Supreme Court of Canada
for fourteen years, including a decade as its Chief Justice.
, Ontario
, the son of Max Laskin and Bluma Zingel, Laskin was educated at the University of Toronto
and Osgoode Hall Law School
. From 1933 to 1936, he served his articles and continued to study at the University of Toronto. He received the degrees of MA
in 1935 and LL.B
in 1936. While at the University of Toronto, he was a member of Sigma Alpha Mu
fraternity. In 1937, he received an LL.M.
from Harvard Law School
.
that pervaded the English-Canadian legal profession at the time. As a result, his first job after graduating was writing headnotes (i.e., article synopses) for a legal journal. Ultimately, Laskin decided to pursue his career in academia.
From 1940 to 1965 he taught at the University of Toronto (except for the period 1945 - 1949 when he taught at Osgoode Hall Law School). For twenty-three years he served as associate editor of Dominion Law Reports and Canadian Criminal Cases. He also wrote Canadian Constitutional Law and many other legal texts.
His career on the bench began in 1965 with his appointment to the Court of Appeal for Ontario. On March 19, 1970 he was appointed by Pierre Trudeau
to the Supreme Court, becoming the first Jew to sit on the Court. He was appointed Chief Justice by Trudeau on December 27, 1973, a position he held until his death in 1984.
On March 13, 1984 he was made a Companion of the Order of Canada
.
jurist who often found himself on the minority side of decisions. His specialty was labour law
and constitutional law
and he had a reputation as a civil libertarian.
On matters of federalism
under the Constitution Act, 1867
, Laskin has been considered the most aggressive supporter of the federal powers of any justice since Confederation. This made for a stark contrast with fellow Justice Jean Beetz
, who was known as one of the strongest supporters of provincial powers under the Constitution.
In his earlier years on the Supreme Court, Laskin was frequently in dissent. He often took a position that was, years later, adopted by a majority of the Court. Among his most famous dissents was his opinion in Murdoch v. Murdoch
, where he was the sole judge to vote in favour of the wife of an abusive husband in a case regarding the division of matrimonial property. The outcome of the case was highly controversial. Years later, Laskin said that the position he took in this case was the likely cause of his promotion to Chief Justice over the more senior Ronald Martland
. With Laskin's promotion, the tradition of elevating the most senior Justice to Chief Justice was broken for the third time, and the first time in many years (the first two such Chief Justices being Charles Fitzpatrick
in 1906 and Francis Anglin in 1924).
He presided over a number of landmark cases, most notably the 1981 reference to the Court on Pierre Trudeau's attempt to have the federal government unilaterally patriate the British North America Act without the consent of the province
s (see Canadian Constitution). The Laskin court ruled that while such a unilateral action was technically constitutional, it would also violate the constitutional convention
that had emerged since Canadian Confederation
. As a result of the decision, Trudeau decided to begin a new round of negotiations with the provinces, which resulted in a new Constitution
being agreed to by all provinces save Quebec
.
Laskin married and had two children: John, who followed in his father's footsteps and became a judge at the Court of Appeal for Ontario, and Barbara. His grandson (the son of his daughter) carries on his name. His nephew John B. Laskin is a prominent commercial lawyer in Toronto.
was offered by Prime Minister Pierre Trudeau
but the family declined because Laskin "liked things very simple."
Queen's Privy Council for Canada
The Queen's Privy Council for Canada ), sometimes called Her Majesty's Privy Council for Canada or simply the Privy Council, is the full group of personal consultants to the monarch of Canada on state and constitutional affairs, though responsible government requires the sovereign or her viceroy,...
, CC
Order of Canada
The Order of Canada is a Canadian national order, admission into which is, within the system of orders, decorations, and medals of Canada, the second highest honour for merit...
, FRSC (October 5, 1912 – March 26, 1984) was a Canadian
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
, who served on the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
for fourteen years, including a decade as its Chief Justice.
Early life
Born in Fort WilliamFort William, Ontario
Fort William was a city in Northern Ontario, located on the Kaministiquia River, at its entrance to Lake Superior. It amalgamated with Port Arthur and the townships of Neebing and McIntyre to form the city of Thunder Bay in January 1970. Ever since then it has been the largest city in Northwestern...
, Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
, the son of Max Laskin and Bluma Zingel, Laskin was educated at the University of Toronto
University of Toronto
The University of Toronto is a public research university in Toronto, Ontario, Canada, situated on the grounds that surround Queen's Park. It was founded by royal charter in 1827 as King's College, the first institution of higher learning in Upper Canada...
and Osgoode Hall Law School
Osgoode Hall Law School
Osgoode Hall Law School is a Canadian law school, located in Toronto, Ontario, Canada and affiliated with York University. Named after the first Chief Justice of Ontario, William Osgoode, the law school was established by The Law Society of Upper Canada in 1889 and was the only accredited law...
. From 1933 to 1936, he served his articles and continued to study at the University of Toronto. He received the degrees of MA
Master of Arts (postgraduate)
A Master of Arts from the Latin Magister Artium, is a type of Master's degree awarded by universities in many countries. The M.A. is usually contrasted with the M.S. or M.Sc. degrees...
in 1935 and LL.B
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
in 1936. While at the University of Toronto, he was a member of Sigma Alpha Mu
Sigma Alpha Mu
Sigma Alpha Mu , also known as "Sammy", is a college fraternity founded at the City College of New York in 1909. Originally only for Jewish men, Sigma Alpha Mu remained so until 1953, when members from all backgrounds were accepted. Originally headquartered in New York, Sigma Alpha Mu has...
fraternity. In 1937, he received an LL.M.
Master of Laws
The Master of Laws is an advanced academic degree, pursued by those holding a professional law degree, and is commonly abbreviated LL.M. from its Latin name, Legum Magister. The University of Oxford names its taught masters of laws B.C.L...
from Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
.
Career
Despite his superior academic record, Laskin, who was Jewish, was unable to find work at any law firm of note, because of the anti-SemitismAnti-Semitism
Antisemitism is suspicion of, hatred toward, or discrimination against Jews for reasons connected to their Jewish heritage. According to a 2005 U.S...
that pervaded the English-Canadian legal profession at the time. As a result, his first job after graduating was writing headnotes (i.e., article synopses) for a legal journal. Ultimately, Laskin decided to pursue his career in academia.
From 1940 to 1965 he taught at the University of Toronto (except for the period 1945 - 1949 when he taught at Osgoode Hall Law School). For twenty-three years he served as associate editor of Dominion Law Reports and Canadian Criminal Cases. He also wrote Canadian Constitutional Law and many other legal texts.
His career on the bench began in 1965 with his appointment to the Court of Appeal for Ontario. On March 19, 1970 he was appointed by Pierre Trudeau
Pierre Trudeau
Joseph Philippe Pierre Yves Elliott Trudeau, , usually known as Pierre Trudeau or Pierre Elliott Trudeau, was the 15th Prime Minister of Canada from April 20, 1968 to June 4, 1979, and again from March 3, 1980 to June 30, 1984.Trudeau began his political career campaigning for socialist ideals,...
to the Supreme Court, becoming the first Jew to sit on the Court. He was appointed Chief Justice by Trudeau on December 27, 1973, a position he held until his death in 1984.
On March 13, 1984 he was made a Companion of the Order of Canada
Order of Canada
The Order of Canada is a Canadian national order, admission into which is, within the system of orders, decorations, and medals of Canada, the second highest honour for merit...
.
Judgments
Laskin was a liberalLiberalism
Liberalism is the belief in the importance of liberty and equal rights. Liberals espouse a wide array of views depending on their understanding of these principles, but generally, liberals support ideas such as constitutionalism, liberal democracy, free and fair elections, human rights,...
jurist who often found himself on the minority side of decisions. His specialty was labour law
Labour law
Labour law is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. As such, it mediates many aspects of the relationship between trade unions, employers and employees...
and constitutional law
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
and he had a reputation as a civil libertarian.
On matters of federalism
Canadian federalism
Canada is a federation with two distinct jurisdictions of political authority: the country-wide federal government and the ten regionally-based provincial governments. It also has three territorial governments in the far north, though these are subject to the federal government...
under the Constitution Act, 1867
Constitution Act, 1867
The Constitution Act, 1867 , is a major part of Canada's Constitution. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system...
, Laskin has been considered the most aggressive supporter of the federal powers of any justice since Confederation. This made for a stark contrast with fellow Justice Jean Beetz
Jean Beetz
Jean-Marie Philémon Joseph Beetz, was a Canadian jurist and puisne justice of the Supreme Court of Canada....
, who was known as one of the strongest supporters of provincial powers under the Constitution.
In his earlier years on the Supreme Court, Laskin was frequently in dissent. He often took a position that was, years later, adopted by a majority of the Court. Among his most famous dissents was his opinion in Murdoch v. Murdoch
Murdoch v. Murdoch
Murdoch v. Murdoch [1975] 1 S.C.R. 423 was controversial decision by the Supreme Court of Canada where the Court denied an abused farm wife any interest in the family farm...
, where he was the sole judge to vote in favour of the wife of an abusive husband in a case regarding the division of matrimonial property. The outcome of the case was highly controversial. Years later, Laskin said that the position he took in this case was the likely cause of his promotion to Chief Justice over the more senior Ronald Martland
Ronald Martland
Ronald Martland, CC, QC, AOE was a Canadian Justice of the Supreme Court of Canada.Born in Liverpool, England, he was the second Albertan ever to be appointed to the Supreme Court of Canada. Justice Martland attended the University of Alberta and obtained a B.A. in 1926 and an LL.B in 1928...
. With Laskin's promotion, the tradition of elevating the most senior Justice to Chief Justice was broken for the third time, and the first time in many years (the first two such Chief Justices being Charles Fitzpatrick
Charles Fitzpatrick
Sir Charles Fitzpatrick, PC, GCMG was a Canadian lawyer and politician. He was born in Quebec City, Canada East, to John Fitzpatrick and Mary Connolly....
in 1906 and Francis Anglin in 1924).
He presided over a number of landmark cases, most notably the 1981 reference to the Court on Pierre Trudeau's attempt to have the federal government unilaterally patriate the British North America Act without the consent of the province
Province
A province is a territorial unit, almost always an administrative division, within a country or state.-Etymology:The English word "province" is attested since about 1330 and derives from the 13th-century Old French "province," which itself comes from the Latin word "provincia," which referred to...
s (see Canadian Constitution). The Laskin court ruled that while such a unilateral action was technically constitutional, it would also violate the constitutional convention
Constitutional convention (political custom)
A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state. In some states, notably those Commonwealth of Nations states that follow the Westminster system and whose political systems derive from British constitutional law, most...
that had emerged since Canadian Confederation
Canadian Confederation
Canadian Confederation was the process by which the federal Dominion of Canada was formed on July 1, 1867. On that day, three British colonies were formed into four Canadian provinces...
. As a result of the decision, Trudeau decided to begin a new round of negotiations with the provinces, which resulted in a new Constitution
Canada Act 1982
The Canada Act 1982 is an Act of the Parliament of the United Kingdom that was passed at the request of the Canadian federal government to "patriate" Canada's constitution, ending the necessity for the country to request certain types of amendment to the Constitution of Canada to be made by the...
being agreed to by all provinces save Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
.
Laskin married and had two children: John, who followed in his father's footsteps and became a judge at the Court of Appeal for Ontario, and Barbara. His grandson (the son of his daughter) carries on his name. His nephew John B. Laskin is a prominent commercial lawyer in Toronto.
Death
Laskin died in office at the age of 71 from pneumonia. A state funeralState funeral
A state funeral is a public funeral ceremony, observing the strict rules of protocol, held to honor heads of state or other important people of national significance. State funerals usually include much pomp and ceremony as well as religious overtones and distinctive elements of military tradition...
was offered by Prime Minister Pierre Trudeau
Pierre Trudeau
Joseph Philippe Pierre Yves Elliott Trudeau, , usually known as Pierre Trudeau or Pierre Elliott Trudeau, was the 15th Prime Minister of Canada from April 20, 1968 to June 4, 1979, and again from March 3, 1980 to June 30, 1984.Trudeau began his political career campaigning for socialist ideals,...
but the family declined because Laskin "liked things very simple."
Recognition
- One of the buildings (the Education Building) at Lakehead UniversityLakehead UniversityLakehead University is a public research university in Thunder Bay, and Orillia, Ontario, Canada.Lakehead University, shortened to 'Lakehead U', or 'LU', is non-denominational and provincially supported. It has undergraduate and graduate programs and a medical school.The school has more than 45,000...
, in Laskin's hometown of Thunder BayThunder Bay-In Canada:Thunder Bay is the name of three places in the province of Ontario, Canada along Lake Superior:*Thunder Bay District, Ontario, a district in Northwestern Ontario*Thunder Bay, a city in Thunder Bay District*Thunder Bay, Unorganized, Ontario...
, OntarioOntarioOntario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
, is named after Bora Laskin. - The main libraryLibraryIn a traditional sense, a library is a large collection of books, and can refer to the place in which the collection is housed. Today, the term can refer to any collection, including digital sources, resources, and services...
of the University of Toronto Faculty of LawUniversity of Toronto Faculty of LawEstablished in 1887, the University of Toronto Faculty of Law is one of the oldest professional faculties at the University of Toronto. The Faculty of Law is particularly renowned in the areas of corporate law, international law, law and economics, and legal theory.The law school has been...
is named for Laskin.
Further reading
- Philip Girard, Bora Laskin: Bringing Law to Life (Toronto: The Osgoode Society for Canadian Legal History, 2005).