Charles Stuart (politician)
Encyclopedia
Charles Allan Stuart was a Canadian politician and jurist in the province of Alberta
. Born and educated in Ontario
, he came west in 1897 and set up a law practice in Calgary
. After a failed election bid to the Legislative Assembly of the Northwest Territories, he was elected to the Calgary City Council
and then to the Legislative Assembly of Alberta
. He resigned before the end of his term in the latter body to accept a judgeship on the Supreme Court of the Northwest Territories
. He was later appointed to the new Supreme Court of Alberta. He was also the first Chancellor of the University of Alberta, serving in that capacity from 1908 until his death in 1926.
on August 13, 1894. He attended Middlesex County College and then the University of Toronto
, graduating from the latter in 1891 with a gold medal in classics; he subsequently lectured there in constitutional history. He graduated from Osgoode Hall Law School
in 1894 with a Bachelor of Laws
, and was admitted to the Law Society of Upper Canada
in 1896.
He practiced briefly in Ontario before falling ill, prompting him to travel to Mexico to recuperate. In the spring of 1897, he travelled west to stay at his brother's ranch. In February 1898, he moved to Calgary and set up a law practice with Peter McCarthy, K.C. McCarthy died in 1901, at which time Stuart joined Sifton and Short, one of whose partners was future Premier of Alberta
Arthur Sifton.
, a district in the Legislative Assembly of the Northwest Territories, in a by-election variously identified as taking place in March 1900 or on March 22, 1901. He was soundly defeated by future Prime Minister of Canada
R. B. Bennett
. Stuart was elected alderman on the Calgary city council in the December 1904 election, and served from January 2, 1905 until January 2, 1906.
During the lead-up to Alberta
's 1905 creation as a province, Stuart was initially critical of the terms imposed by the Liberal federal government of Wilfrid Laurier
; these terms kept control of natural resources, which was held by the provincial governments of the older provinces, under federal control. Stuart was a Liberal, however, and he eventually joined his party in defending these terms. He was less sanguine about Alberta's new electoral boundaries, which disproportionately favoured the province's north, and about the Liberals' policy of fixing Calgary's rival Edmonton
as the interim provincial capital, with the first legislature to make the final decision—he felt that the issue should be put to a vote in the first provincial election. He lost both of these fights, and once again loyally adhered to his party's program.
When Alberta became a province, Stuart became secretary of the Alberta Liberal Association
, and he played a significant role in the Liberal campaign in the 1905 provincial election
. He ran as the Liberals' candidate in Gleichen that election, and defeated Conservative
John W. Hayes 667 votes to 640. As MLA, Stuart advocated for Calgary's selection as permanent capital (among other arguments, he pointed out Calgary's proximity to the beautiful Rocky Mountains
).
Stuart's time in the legislature came to a close after less than a year, when in October 1906 he resigned to take up a judgeship on the Supreme Court of the Northwest Territories
; when Alberta created its own court
the following year, he became one of its first judges.
. In the aftermath of the Alberta and Great Waterways Railway scandal
, the government had attempted to take control of money that had been raised from a bond issue in support of the Alberta and Great Waterways Railway, which had defaulted on its obligations. The Royal Bank, where the money was deposited, refused to turn it over to the government, which sued. Stuart found that the government was entitled to the money, but his ruling was overturned by the Judicial Committee of the Privy Council
in 1913.
In 1921, Stuart was elevated to the Supreme Court's newly created Appellate Division
. While sitting on this court, he upheld a trial decision convicting a prostitute, who appealed on the basis that the magistrate who convicted her, Alice Jamieson, was, by virtue of being a woman, not legally a person and therefore ineligible to serve as magistrate. This decision was a prelude to the famous Persons Case, which found that Canadian women were indeed persons.
Stuart became the first Chancellor of the University of Alberta
in 1908, and served until his death; the university awarded him an honorary doctorate of laws in 1915. Charles Stuart died March 5, 1926.
Alberta
Alberta is a province of Canada. It had an estimated population of 3.7 million in 2010 making it the most populous of Canada's three prairie provinces...
. Born and educated in 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....
, he came west in 1897 and set up a law practice in Calgary
Calgary
Calgary is a city in the Province of Alberta, Canada. It is located in the south of the province, in an area of foothills and prairie, approximately east of the front ranges of the Canadian Rockies...
. After a failed election bid to the Legislative Assembly of the Northwest Territories, he was elected to the Calgary City Council
Calgary City Council
The Calgary City Council is the legislative governing body that represents the citizens of Calgary. The Council consists of two offices; Office of the Mayor and Office of the Alderman. Naheed Nenshi was elected to the Office of the Mayor in October 2010 as the city's 36th chief executive...
and then to the Legislative Assembly of Alberta
Legislative Assembly of Alberta
The Legislative Assembly of Alberta is one of two components of the Legislature of Alberta, the other being the Queen, represented by the Lieutenant-Governor of Alberta. The Alberta legislature meets in the Alberta Legislature Building in the provincial capital, Edmonton...
. He resigned before the end of his term in the latter body to accept a judgeship on the Supreme Court of the Northwest Territories
Supreme Court of the Northwest Territories
The Supreme Court of the Northwest Territories is the name of two different superior courts for the Canadian territory of the Northwest Territories, which have existed at different times.The first Supreme Court of the North-West Territories was created in 1885...
. He was later appointed to the new Supreme Court of Alberta. He was also the first Chancellor of the University of Alberta, serving in that capacity from 1908 until his death in 1926.
Early life
Stuart was born in Caradoc, OntarioOntario
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....
on August 13, 1894. He attended Middlesex County College and then 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...
, graduating from the latter in 1891 with a gold medal in classics; he subsequently lectured there in constitutional history. He graduated from 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...
in 1894 with a Bachelor of Laws
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...
, and was admitted to the Law Society of Upper Canada
Law Society of Upper Canada
The Law Society of Upper Canada is responsible for the self-regulation of lawyers and paralegals in the Canadian province of Ontario, Canada. Founded in 1797, it is known in French as "Le Barreau du Haut-Canada"...
in 1896.
He practiced briefly in Ontario before falling ill, prompting him to travel to Mexico to recuperate. In the spring of 1897, he travelled west to stay at his brother's ranch. In February 1898, he moved to Calgary and set up a law practice with Peter McCarthy, K.C. McCarthy died in 1901, at which time Stuart joined Sifton and Short, one of whose partners was future Premier of Alberta
Premier of Alberta
The Premier of Alberta is the first minister for the Canadian province of Alberta. He or she is the province's head of government and de facto chief executive. The current Premier of Alberta is Alison Redford. She became Premier by winning the Progressive Conservative leadership elections on...
Arthur Sifton.
Political career
Stuart first sought political office when he ran in West CalgaryWest Calgary (N.W.T. electoral district)
West Calgary was a single member electoral district that was mandated to return members to the Legislative Assembly of the Northwest Territories, Canada, from 1894 until it was abolished in 1905.-History:...
, a district in the Legislative Assembly of the Northwest Territories, in a by-election variously identified as taking place in March 1900 or on March 22, 1901. He was soundly defeated by future Prime Minister of Canada
Prime Minister of Canada
The Prime Minister of Canada is the primary minister of the Crown, chairman of the Cabinet, and thus head of government for Canada, charged with advising the Canadian monarch or viceroy on the exercise of the executive powers vested in them by the constitution...
R. B. Bennett
R. B. Bennett
Richard Bedford Bennett, 1st Viscount Bennett, PC, KC was a Canadian lawyer, businessman, politician, and philanthropist. He served as the 11th Prime Minister of Canada from August 7, 1930, to October 23, 1935, during the worst of the Great Depression years...
. Stuart was elected alderman on the Calgary city council in the December 1904 election, and served from January 2, 1905 until January 2, 1906.
During the lead-up to Alberta
Alberta
Alberta is a province of Canada. It had an estimated population of 3.7 million in 2010 making it the most populous of Canada's three prairie provinces...
's 1905 creation as a province, Stuart was initially critical of the terms imposed by the Liberal federal government of Wilfrid Laurier
Wilfrid Laurier
Sir Wilfrid Laurier, GCMG, PC, KC, baptized Henri-Charles-Wilfrid Laurier was the seventh Prime Minister of Canada from 11 July 1896 to 6 October 1911....
; these terms kept control of natural resources, which was held by the provincial governments of the older provinces, under federal control. Stuart was a Liberal, however, and he eventually joined his party in defending these terms. He was less sanguine about Alberta's new electoral boundaries, which disproportionately favoured the province's north, and about the Liberals' policy of fixing Calgary's rival Edmonton
Edmonton
Edmonton is the capital of the Canadian province of Alberta and is the province's second-largest city. Edmonton is located on the North Saskatchewan River and is the centre of the Edmonton Capital Region, which is surrounded by the central region of the province.The city and its census...
as the interim provincial capital, with the first legislature to make the final decision—he felt that the issue should be put to a vote in the first provincial election. He lost both of these fights, and once again loyally adhered to his party's program.
When Alberta became a province, Stuart became secretary of the Alberta Liberal Association
Alberta Liberal Party
The Alberta Liberal Party is a provincial political party in Alberta, Canada. Originally founded in 1905, when the province was created, it was the dominant political party until 1921 when it was defeated. It has never been in government since that time...
, and he played a significant role in the Liberal campaign in the 1905 provincial election
Alberta general election, 1905
The Alberta general election of 1905 was the first general election held in the Province of Alberta, Canada. It was held on 9 November 1905, to elect members of the Alberta legislature to the 1st Alberta Legislative Assembly, shortly after the province was created out of the Northwest Territories...
. He ran as the Liberals' candidate in Gleichen that election, and defeated Conservative
Progressive Conservative Association of Alberta
The Progressive Conservative Association of Alberta is a provincial centre-right party in the Canadian province of Alberta...
John W. Hayes 667 votes to 640. As MLA, Stuart advocated for Calgary's selection as permanent capital (among other arguments, he pointed out Calgary's proximity to the beautiful Rocky Mountains
Rocky Mountains
The Rocky Mountains are a major mountain range in western North America. The Rocky Mountains stretch more than from the northernmost part of British Columbia, in western Canada, to New Mexico, in the southwestern United States...
).
Stuart's time in the legislature came to a close after less than a year, when in October 1906 he resigned to take up a judgeship on the Supreme Court of the Northwest Territories
Supreme Court of the Northwest Territories
The Supreme Court of the Northwest Territories is the name of two different superior courts for the Canadian territory of the Northwest Territories, which have existed at different times.The first Supreme Court of the North-West Territories was created in 1885...
; when Alberta created its own court
Court of Queen's Bench of Alberta
The Court of Queen's Bench of Alberta is the superior court of the Canadian province of Alberta....
the following year, he became one of its first judges.
Life after politics
As Supreme Court judge, Stuart found in favour of the Alberta government in a 1912 suit against the Royal Bank of CanadaRoyal Bank of Canada
The Royal Bank of Canada or RBC Financial Group is the largest financial institution in Canada, as measured by deposits, revenues, and market capitalization. The bank serves seventeen million clients and has 80,100 employees worldwide. The company corporate headquarters are located in Toronto,...
. In the aftermath of the Alberta and Great Waterways Railway scandal
Alberta and Great Waterways Railway scandal
The Alberta and Great Waterways Railway Scandal was a political scandal in Alberta, Canada in 1910. It resulted in the resignation of the provincial government of Alexander Cameron Rutherford over allegations of conflict of interest in the government's involvement in the financing of the Alberta...
, the government had attempted to take control of money that had been raised from a bond issue in support of the Alberta and Great Waterways Railway, which had defaulted on its obligations. The Royal Bank, where the money was deposited, refused to turn it over to the government, which sued. Stuart found that the government was entitled to the money, but his ruling was overturned by the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
in 1913.
In 1921, Stuart was elevated to the Supreme Court's newly created Appellate Division
Court of Appeal of Alberta
The Court of Appeal of Alberta is an Canadian appellate court.-Jurisdiction and Hierarchy within Canadian Courts:The Court is the highest court in Alberta, Canada...
. While sitting on this court, he upheld a trial decision convicting a prostitute, who appealed on the basis that the magistrate who convicted her, Alice Jamieson, was, by virtue of being a woman, not legally a person and therefore ineligible to serve as magistrate. This decision was a prelude to the famous Persons Case, which found that Canadian women were indeed persons.
Stuart became the first Chancellor of the University of Alberta
University of Alberta
The University of Alberta is a public research university located in Edmonton, Alberta, Canada. Founded in 1908 by Alexander Cameron Rutherford, the first premier of Alberta and Henry Marshall Tory, its first president, it is widely recognized as one of the best universities in Canada...
in 1908, and served until his death; the university awarded him an honorary doctorate of laws in 1915. Charles Stuart died March 5, 1926.
Electoral record
| 1905 Alberta general election Alberta general election, 1905 The Alberta general election of 1905 was the first general election held in the Province of Alberta, Canada. It was held on 9 November 1905, to elect members of the Alberta legislature to the 1st Alberta Legislative Assembly, shortly after the province was created out of the Northwest Territories... results (Gleichen) |
Turnout N.A. | |||
| Liberal Alberta Liberal Party The Alberta Liberal Party is a provincial political party in Alberta, Canada. Originally founded in 1905, when the province was created, it was the dominant political party until 1921 when it was defeated. It has never been in government since that time... |
Charles Allan Stuart | 667 | 51.03% |
Conservative | John W. Hayes | 640 | 48.97% |
| 1901 by-election results (West Calgary West Calgary (N.W.T. electoral district) West Calgary was a single member electoral district that was mandated to return members to the Legislative Assembly of the Northwest Territories, Canada, from 1894 until it was abolished in 1905.-History:... ) |
Turnout N.A. | |||
| R. B. Bennett R. B. Bennett Richard Bedford Bennett, 1st Viscount Bennett, PC, KC was a Canadian lawyer, businessman, politician, and philanthropist. He served as the 11th Prime Minister of Canada from August 7, 1930, to October 23, 1935, during the worst of the Great Depression years... |
562 | 66.20% | ||
| Charles Allan Stuart | 287 | 33.80% | ||