Paul C. Weiler
Encyclopedia
Paul C. Weiler is the Henry J. Friendly Professor of Law, Emeritus at Harvard Law School
and a widely published expert in labour law
, sports law
and tort
.
in 1960 and 1961, before completing an LL.B. at Osgoode Hall Law School
in 1964 and an LL.M. at Harvard Law School
in 1965. In 1973 he was a professor of law at Osgoode Hall Law School, called upon by the British Columbia
government to assist in drafting legislation which brought their Labour Relations Board into existence. Then, he "was chairman of the British Columbia
Labour Relations Board from 1973 to 1978." He subsequently became the MacKenzie King Visiting Professor of Canadian Studies, Harvard University in 1978 and the Henry J. Friendly Professor of Law from 1993, until taking an Emeritus position in 2008.
recommended inserting a non obstante
clause in the Canadian Charter of Rights and Freedoms. This would allow an individual province
to pass a law in violation of some charter provisions. This concept was shared with Jim Matkin, British Columbia
deputy minister of inter governmental affairs, who shared this with other provinces in a no-author text during interprovincial negotiations toward constitutional change in Canada
. During the Kitchen Accord this concept
reappeared and became one of the compromises that lead to a patriated Canadian constitution.
Books
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...
and a widely published expert in 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...
, sports law
Sports law
Sports law is an umbrella term used to describe the legal issues at work in the world of both amateur and professional sports. Sports law overlaps substantially with labor law, contract law, competition or antitrust law, and tort law. Issues like defamation and privacy rights are also an integral...
and tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
.
Career
Weiler completed a bachelor and master of Arts at the University of TorontoUniversity 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...
in 1960 and 1961, before completing an LL.B. at 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 1964 and an LL.M. at 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...
in 1965. In 1973 he was a professor of law at Osgoode Hall Law School, called upon by the British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
government to assist in drafting legislation which brought their Labour Relations Board into existence. Then, he "was chairman of the British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
Labour Relations Board from 1973 to 1978." He subsequently became the MacKenzie King Visiting Professor of Canadian Studies, Harvard University in 1978 and the Henry J. Friendly Professor of Law from 1993, until taking an Emeritus position in 2008.
Non Obstante Clause
Weiler had an influence on the formation of the 1982 Canadian constitution. An article Weiler wrote for the McGill Law JournalMcGill Law Journal
The McGill Law Journal is a scholarly legal publication affiliated with the student body of the McGill University Faculty of Law in Montreal, Quebec, published by a non-profit corporate institution independent of the Faculty run exclusively by students. It also publishes the Canadian Guide to...
recommended inserting a non obstante
Section Thirty-three of the Canadian Charter of Rights and Freedoms
Section Thirty-three of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. It is commonly known as the notwithstanding clause , or as the override power, and it allows Parliament or provincial legislatures to override certain portions of the Charter...
clause in the Canadian Charter of Rights and Freedoms. This would allow an individual province
Provinces and territories of Canada
The provinces and territories of Canada combine to make up the world's second-largest country by area. There are ten provinces and three territories...
to pass a law in violation of some charter provisions. This concept was shared with Jim Matkin, British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
deputy minister of inter governmental affairs, who shared this with other provinces in a no-author text during interprovincial negotiations toward constitutional change in Canada
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...
. During the Kitchen Accord this concept
Section Thirty-three of the Canadian Charter of Rights and Freedoms
Section Thirty-three of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. It is commonly known as the notwithstanding clause , or as the override power, and it allows Parliament or provincial legislatures to override certain portions of the Charter...
reappeared and became one of the compromises that lead to a patriated Canadian constitution.
Publications
Articles- 'Promises To Keep: Securing Workers’ Rights to Self-Organization Under the NLRA' (1983) 96(8) Harvard Law Review 1770
Books
- Entertainment, Media and the Law (West 3rd ed. 2006)
- Sports and the Law (West 3d ed. 2004) (with G Roberts)
- Leveling the Playing Field: How the Law Can Make Sports Better for Fans (Harvard University Press 2000)