Brian Dickson
Encyclopedia
Robert George Brian Dickson, (May 25, 1916 – October 17, 1998), commonly known as Brian Dickson, was appointed Chief Justice of Canada
on April 18, 1984. He retired on June 30, 1990 and died October 17, 1998.
, in 1916. Thus his later childhood and young adulthood occurred during the Great Depression
and the Dust Bowl
years.
The family moved to Winnipeg
, where Dickson attended the University of Manitoba
. As a member of the Zeta Psi
fraternity, he graduated with an LL.B
in 1938. His first permanent job was with the Great-West Life Assurance Company.
Dickson was called to the bar in 1940, during the Second World War
. He subsequently enlisted in the armed forces and served overseas. In August 1944, during a battle near Falaise
, Dickson's right leg was hit by friendly fire and had to be amputated.
Upon his return to Winnipeg in 1945, Dickson joined the law firm of Aikins, Loftus, MacAulay, Turner, Thompson & Tritschler and became a successful corporate lawyer. He also lectured at the Faculty of Law of the University of Manitoba for six years, until 1954.
In 1963 he was appointed to the Court of Queen's Bench of Manitoba
and in 1967 was elevated to the Manitoba Court of Appeal
. He was appointed to the Supreme Court of Canada
on March 26, 1973. On April 18, 1984, he was elevated to Chief Justice over the more senior Roland Ritchie
. He served on the Supreme Court for 17 years before retiring on June 30, 1990. He died on October 17, 1998, at the age of 82.
.
The library of the University of Ottawa
's Faculty of Law
is named for him. It contains many of his papers and personal effects.
Having come from a corporate law background, Dickson often contributed to the judgements in that field. With the introduction of the Charter in 1982, he made many major contributions to the early standards of interpretation. Among his most famous decisions was that of R. v. Oakes
where he first proposed the Oakes test; furthermore, in R. v. Big M Drug Mart he gave a broad interpretation to finding Charter infringement, and in R. v. Morgentaler
he found that the prohibition of abortion violated a woman's security of person.
Chief Justice of Canada
The Chief Justice of Canada, like the eight puisne Justices of the Supreme Court of Canada, is appointed by the Governor-in-Council . All nine are chosen from either sitting judges or barristers who have at least ten years' standing at the bar of a province or territory...
on April 18, 1984. He retired on June 30, 1990 and died October 17, 1998.
Career
Dickson was born to Thomas Dickson and Sarah Elizabeth Gibson, in Yorkton, SaskatchewanSaskatchewan
Saskatchewan is a prairie province in Canada, which has an area of . Saskatchewan is bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, and on the south by the U.S. states of Montana and North Dakota....
, in 1916. Thus his later childhood and young adulthood occurred during the Great Depression
Great Depression
The Great Depression was a severe worldwide economic depression in the decade preceding World War II. The timing of the Great Depression varied across nations, but in most countries it started in about 1929 and lasted until the late 1930s or early 1940s...
and the Dust Bowl
Dust Bowl
The Dust Bowl, or the Dirty Thirties, was a period of severe dust storms causing major ecological and agricultural damage to American and Canadian prairie lands from 1930 to 1936...
years.
The family moved to Winnipeg
Winnipeg
Winnipeg is the capital and largest city of Manitoba, Canada, and is the primary municipality of the Winnipeg Capital Region, with more than half of Manitoba's population. It is located near the longitudinal centre of North America, at the confluence of the Red and Assiniboine Rivers .The name...
, where Dickson attended the University of Manitoba
University of Manitoba
The University of Manitoba , in Winnipeg, Manitoba, Canada, is the largest university in the province of Manitoba. It is Manitoba's most comprehensive and only research-intensive post-secondary educational institution. It was founded in 1877, making it Western Canada’s first university. It placed...
. As a member of the Zeta Psi
Zeta Psi
The Zeta Psi Fraternity of North America was founded June 1, 1847 as a social college fraternity. The organization now comprises about fifty active chapters and twenty-five inactive chapters, encompassing roughly fifty thousand brothers, and is a founding member of the North-American...
fraternity, he graduated with an 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 1938. His first permanent job was with the Great-West Life Assurance Company.
Dickson was called to the bar in 1940, during the Second World War
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
. He subsequently enlisted in the armed forces and served overseas. In August 1944, during a battle near Falaise
Falaise, Calvados
Falaise is a commune in the Calvados department in the Basse-Normandie region in northwestern France.-History:The town was the birthplace of William I the Conqueror, first of the Norman Kings of England. The Château de Falaise , which overlooks the town from a high crag, was formerly the seat of...
, Dickson's right leg was hit by friendly fire and had to be amputated.
Upon his return to Winnipeg in 1945, Dickson joined the law firm of Aikins, Loftus, MacAulay, Turner, Thompson & Tritschler and became a successful corporate lawyer. He also lectured at the Faculty of Law of the University of Manitoba for six years, until 1954.
In 1963 he was appointed to the Court of Queen's Bench of Manitoba
Court of Queen's Bench of Manitoba
The Court of Queen's Bench of Manitoba is the superior court of the Canadian province of Manitoba...
and in 1967 was elevated to the Manitoba Court of Appeal
Manitoba Court of Appeal
The Manitoba Court of Appeal is the highest Court of Appeal in the Canadian province of Manitoba. It was established in 1906. It is located in the Old Law Courts building at 408 York Avenue in Winnipeg, the capital city of Manitoba...
. He was appointed to 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...
on March 26, 1973. On April 18, 1984, he was elevated to Chief Justice over the more senior Roland Ritchie
Roland Ritchie
Roland Almon Ritchie, CC was a Canadian lawyer and Justice of the Supreme Court of Canada.Born in Halifax, Nova Scotia, the son of William Bruce Almon Ritchie and Lillian Stewart, he received a B.A. from the University of King's College in 1930, a B.A. in 1932 from Oxford University, and was...
. He served on the Supreme Court for 17 years before retiring on June 30, 1990. He died on October 17, 1998, at the age of 82.
Honours
In 1990 Chief Justice Dickson was made a Companion of the Order of CanadaOrder 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...
.
The library of the University of Ottawa
University of Ottawa
The University of Ottawa is a bilingual, research-intensive, non-denominational, international university in Ottawa, Ontario. It is one of the oldest universities in Canada. It was originally established as the College of Bytown in 1848 by the Missionary Oblates of Mary Immaculate...
's Faculty of Law
University of Ottawa Law
The University of Ottawa, Faculty of Law, sometimes colloquially known as U of O Law, is the law school of the University of Ottawa, located in Ottawa, Ontario. The University of Ottawa Law School is one of Canada's most influential, having produced lawyers throughout French and English Canada...
is named for him. It contains many of his papers and personal effects.
Judgments
During his early years on the Supreme Court, Dickson was typically known for siding with the opinions of Laskin and Spence, creating a voting bloc that has been known as the "L-S-D connection".Having come from a corporate law background, Dickson often contributed to the judgements in that field. With the introduction of the Charter in 1982, he made many major contributions to the early standards of interpretation. Among his most famous decisions was that of R. v. Oakes
R. v. Oakes
R. v. Oakes [1986] 1 S.C.R. 103 is a case decided by the Supreme Court of Canada which established the famous Oakes test, an analysis of the limitations clause of the Canadian Charter of Rights and Freedoms that allows reasonable limitations on rights and freedoms through legislation if it can be...
where he first proposed the Oakes test; furthermore, in R. v. Big M Drug Mart he gave a broad interpretation to finding Charter infringement, and in R. v. Morgentaler
R. v. Morgentaler
R. v. Morgentaler [1988] 1 S.C.R. 30 was a decision of the Supreme Court of Canada wherein the abortion provision in the Criminal Code of Canada was found to be unconstitutional, as it violated a woman's right under section 7 of the Canadian Charter of Rights and Freedoms to "security of person"...
he found that the prohibition of abortion violated a woman's security of person.
See also
- Robert J. Sharpe and Kent Roach, Brian Dickson: A Judge's Journey (Toronto: The Osgoode Society for Canadian Legal History, 2003).
- Bateman Thomas M.J., Brian Dickson: A Judge's Journey, review
- List of Supreme Court of Canada cases (Dickson Court)
External links
- Supreme Court of Canada - Chief Justice Brian Dickson
- summary of published biography
- Order of Canada Citation