Ian Binnie
Encyclopedia
William Ian Corneil Binnie (born April 14, 1939) was a puisne justice
of the Supreme Court of Canada
, serving from 1998 to 2011. Of the justices appointed to the Supreme Court in recent years, he is one of the few to have never sat as a judge prior to his appointment.
, Quebec
. He graduated from McGill University
in 1960, where he was a member of the Kappa Alpha Society
and the Scarlet Key Honor Society
, and went on the study law at Cambridge University
(graduating with an LL.B in 1963 and an LL.M in 1988) and the University of Toronto
(obtaining an LL.B in 1965). He was called to the Ontario bar in 1967 and practiced private law at Wright & McTaggart, and its successor firms, until 1982, at which point he went to work as Associate Deputy Minister of Justice for the Government of Canada
. In 1986, he went on to practice at McCarthy Tétrault
, until he was appointed to the Supreme Court of Canada in 1998, replacing Justice John Sopinka
. Just as with his predecessor, Binnie had never sat as a judge before his appointment to the Supreme Court.
Prior to his appointment, he had argued numerous cases in front of the Court. For example, he was lead counsel for the defendant in the notable case of R. v. Wholesale Travel Inc.
In May 2011, Binnie announced his plans to retire as early as August 30, 2011, unless there was a delay in the appointment of his replacement. He continued to until Michael Moldaver
and Andromache Karakatsanis
were sworn in on October 27, 2011, replacing him and Louise Charron
, who had left the court on August 30, 2011.
On November 16, 2011 it was announced by the New Zealand Justice Minister Simon Power that Binnie had been selected to review the David Bain
case and Bain's request for compensation for wrongful conviction and imprisonment.
[2005].
Binnie nonetheless felt that a majority of the court was too favourable to the Crown against the rights of accused in R v Sinclair, a 2010 case regarding an accused's right to counsel during police questioning.
Puisne Justice
A Puisne Justice or Puisne Judge is the title for a regular member of a Court. This is distinguished from the head of the Court who is known as the Chief Justice or Chief Judge. The term is used almost exclusively in common law jurisdictions such as England, Australia, Kenya, Canada, Sri Lanka,...
of 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...
, serving from 1998 to 2011. Of the justices appointed to the Supreme Court in recent years, he is one of the few to have never sat as a judge prior to his appointment.
Personal life and career as lawyer
Binnie was born in MontrealMontreal
Montreal is a city in Canada. It is the largest city in the province of Quebec, the second-largest city in Canada and the seventh largest in North America...
, 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....
. He graduated from McGill University
McGill University
Mohammed Fathy is a public research university located in Montreal, Quebec, Canada. The university bears the name of James McGill, a prominent Montreal merchant from Glasgow, Scotland, whose bequest formed the beginning of the university...
in 1960, where he was a member of the Kappa Alpha Society
Kappa Alpha Society
The Kappa Alpha Society , founded in 1825, was the progenitor of the modern fraternity system in North America. It was the first of the fraternities which would eventually become known as the Union Triad...
and the Scarlet Key Honor Society
Scarlet Key Honor Society
The "Scarlet Key Honor Society" is a leadership award that recognizes and celebrates the extra-curricular accomplishments of students at McGill University in Montreal, Quebec, Canada....
, and went on the study law at Cambridge University
University of Cambridge
The University of Cambridge is a public research university located in Cambridge, United Kingdom. It is the second-oldest university in both the United Kingdom and the English-speaking world , and the seventh-oldest globally...
(graduating with an LL.B in 1963 and an LL.M in 1988) and 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...
(obtaining an LL.B in 1965). He was called to the Ontario bar in 1967 and practiced private law at Wright & McTaggart, and its successor firms, until 1982, at which point he went to work as Associate Deputy Minister of Justice for the Government of Canada
Government of Canada
The Government of Canada, formally Her Majesty's Government, is the system whereby the federation of Canada is administered by a common authority; in Canadian English, the term can mean either the collective set of institutions or specifically the Queen-in-Council...
. In 1986, he went on to practice at McCarthy Tétrault
McCarthy Tétrault
McCarthy Tétrault LLP is a law firm with offices in Canada’s major commercial centres and in London, UK. It provides business law, litigation, tax, real estate, and labour and employment law services....
, until he was appointed to the Supreme Court of Canada in 1998, replacing Justice John Sopinka
John Sopinka
John Sopinka, QC was a Canadian lawyer and puisne justice on the Supreme Court of Canada, the first Ukrainian-Canadian appointed to the high court....
. Just as with his predecessor, Binnie had never sat as a judge before his appointment to the Supreme Court.
Prior to his appointment, he had argued numerous cases in front of the Court. For example, he was lead counsel for the defendant in the notable case of R. v. Wholesale Travel Inc.
In May 2011, Binnie announced his plans to retire as early as August 30, 2011, unless there was a delay in the appointment of his replacement. He continued to until Michael Moldaver
Michael J. Moldaver
-Education and Early Career:A native of Peterborough, Ontario, Justice Moldaver earned a B.A. from the University of Toronto, before completing his legal training at the school's Faculty of Law, where he graduated in 1971 as a Gold Medalist. He was called to the Bar of Ontario in 1973...
and Andromache Karakatsanis
Andromache Karakatsanis
Andromache Karakatsanis is a Canadian jurist. She was nominated to the Supreme Court of Canada by Stephen Harper in October 2011. She is the first Greek-Canadian judge on the Court.- Early life :...
were sworn in on October 27, 2011, replacing him and Louise Charron
Louise Charron
Louise Charron is a Canadian jurist. She was appointed to the Supreme Court of Canada in October, 2004, and is the first native-born Franco-Ontarian Supreme Court judge...
, who had left the court on August 30, 2011.
On November 16, 2011 it was announced by the New Zealand Justice Minister Simon Power that Binnie had been selected to review the David Bain
David Bain
David Cullen Bain is a New Zealander who featured in one of the country's most notable murder cases. He was convicted in May 1995 of the murders of his parents and siblings in Dunedin on 20 June 1994...
case and Bain's request for compensation for wrongful conviction and imprisonment.
Judgments
Due to Binnie's background in business and corporate law, he has typically written many of the judgements in those areas of law. His style of judgment in constitutional cases is said to lean towards giving deference to government. This can most clearly be seen in cases such as the recent Chaoulli v. Quebec (Attorney General)Chaoulli v. Quebec (Attorney General)
Chaoulli v. Quebec [2005] 1 S.C.R. 791, was a decision by the Supreme Court of Canada where the Court ruled that the Quebec Health Insurance Act and the Hospital Insurance Act prohibiting private medical insurance in the face of long wait times violated the Quebec Charter of Human Rights and...
[2005].
Binnie nonetheless felt that a majority of the court was too favourable to the Crown against the rights of accused in R v Sinclair, a 2010 case regarding an accused's right to counsel during police questioning.