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Beverley McLachlin

Beverley Marian McLachlin PC CC (born September 7, 1943) is a Canadian jurist and author who served as the 17th chief justice of Canada from 2000 to 2017. She is the longest-serving chief justice in Canadian history and the first woman to hold the position. She is considered by many to be among the finest legal minds in the history of the Supreme Court.[1]

Beverley McLachlin
McLachlin in 2007
17th Chief Justice of Canada
In office
January 7, 2000 – December 15, 2017
Nominated byJean Chrétien
Appointed byAdrienne Clarkson
Preceded byAntonio Lamer
Succeeded byRichard Wagner
Non-Permanent Judge of the
Court of Final Appeal of Hong Kong
Assumed office
July 30, 2018
Appointed byCarrie Lam
Puisne Justice of the Supreme Court of Canada
In office
March 30, 1989 – January 7, 2000
Nominated byBrian Mulroney
Appointed byJeanne Sauvé
Preceded byWilliam McIntyre
Succeeded byLouis LeBel
Chief Justice of the
Supreme Court of British Columbia
In office
1988–1990
Appointed byJeanne Sauvé
Personal details
Born
Beverley Gietz

(1943-09-07) September 7, 1943 (age 80)
Pincher Creek, Alberta, Canada
CitizenshipCanadian
Spouses
Roderick McLachlin
(m. 1967; died 1988)
Frank McArdle
(m. 1992)
ChildrenAngus McLachlin (b. 1976)
Alma materUniversity of Alberta (BA, MA, LLB)
ProfessionJudge
Chinese name
Traditional Chinese麥嘉琳
Simplified Chinese麦嘉琳
Transcriptions
Standard Mandarin
Hanyu PinyinMài Jiālín
Yue: Cantonese
Yale RomanizationMahk Gā Làhm
JyutpingMak6 Gaa1 Lam4

In July 2018, McLachlin began a three-year term as a non-permanent judge on the Hong Kong Court of Final Appeal, the first Canadian jurist nominated to the post. She was re-appointed for a second three-year term in 2021.[2]

Early life and education edit

McLachlin was born Beverley Gietz in Pincher Creek, Alberta, the eldest child of Eleanora Marian (née Kruschell) and Ernest Gietz. Her parents, who were of German descent, were "fundamentalist Christians"[3] of the Pentecostal Church.[4] She received a B.A. and an M.A. in philosophy as well as an LL.B. degree (winning the gold medal as top student, and serving as notes editor of the Alberta Law Review) from the University of Alberta.[5] She was called to the bar of Alberta in 1969, and to the Bar of British Columbia in 1971. McLachlin practised law from 1969 until 1975. From 1974 to 1981, she was a professor at the University of British Columbia.

McLachlin has one son, Angus (born 1976), from her first marriage to Roderick McLachlin, who took care of much of Angus's upbringing.[6] Roderick McLachlin died of cancer in 1988, a few days after she was appointed chief justice of the B.C. Supreme Court.[6] In 1992, McLachlin married Frank McArdle, a lawyer and the executive director of the Canadian Superior Courts Judges Association.[6]

Judicial career edit

Canada edit

In April 1981, McLachlin was appointed to the County Court of Vancouver. Five months later, in September 1981, she was appointed to the Supreme Court of British Columbia.[7] In December 1985, McLachlin was appointed to the British Columbia Court of Appeal.[7] In September 1988, McLachlin was appointed Chief Justice of the Supreme Court of British Columbia.[7] She was nominated by Brian Mulroney to be made a puisne justice to the Supreme Court of Canada on March 30, 1989.[6] On the advice of Jean Chrétien, McLachlin was appointed the chief justice of Canada on January 7, 2000.[7]

Upon being sworn into the Supreme Court of Canada, she also became a deputy of the Governor General of Canada together with the other justices of the Supreme Court. When Governor General Adrienne Clarkson was hospitalized for a cardiac pacemaker operation on July 8, 2005, McLachlin performed the duties of the governor general as the administrator of Canada.[8] In her role as administrator, she gave royal assent to the Civil Marriage Act which legalized same-sex marriage nationally in Canada.[8] She relinquished that task when the governor general returned to good health in late July.

While she was Chief Justice, McLachlin chaired the Canadian Judicial Council. She is also on the board of governors of the National Judicial Institute and on the advisory council of the Order of Canada. She is a member of the Queen's Privy Council for Canada. McLachlin was made a commander of the Legion of Honour by the government of France in 2008.[9][10] On December 15, 2006, she was appointed a commander of the Venerable Order of Saint John.[11]

In July 2013, during the consultation period prior to appointment for Marc Nadon, Chief Justice McLachlin contacted justice minister Peter MacKay and the Prime Minister's Office regarding the eligibility of Marc Nadon for a Quebec seat on the Supreme Court.[12] Prime Minister Stephen Harper stated that he had refused a phone call from McLachlin on the attorney general's advice. Harper's comments were criticized by the legal community and a complaint was forwarded to the International Commission of Jurists in Switzerland.[13][14] The International Commission of Jurists concluded that Beverly McLachlin deserved an apology from Harper, but none had been given as of July 2014.[15]

In May 2015, McLachlin was invited to speak at the Global Centre for Pluralism, and said that Canada attempted to commit "cultural genocide" against aboriginal peoples in what she called the worst stain on Canada's human-rights record.[16] University of Regina academic Ken Coates supported McLachlin, and said that she was "only stating what is clearly in the minds of judges, lawyers and aboriginal people across the country".[17] Others were less sympathetic. Columnist Lysiane Gagnon called the comments "unacceptable" and "highly inflammatory" and suggested that McLachlin had opened herself up to accusations of prejudice.[18] Gordon Gibson, another columnist, said the use of the word "genocide" was incendiary and disproportionate and that the Chief Justice's comments made her sound like a legislator.[19]

McLachlin retired from the Supreme Court on December 15, 2017, nine months before reaching the mandatory retirement age of 75.[20] Her successor as Chief Justice of Canada is Richard Wagner, who was nominated by Prime Minister Justin Trudeau in 2017.[21] Her successor as a justice of the court is Sheilah Martin, who was nominated by Prime Minister Justin Trudeau through a new process for judicial appointments to the Supreme Court of Canada that permitted, "any Canadian lawyer or judge who fits a specified criteria" to apply.[22][23][24]

Hong Kong edit

McLachlin was nominated in March 2018 to become a non-permanent member of the Court of Final Appeal in Hong Kong. The court appoints foreign judges from common-law jurisdictions outside of Hong Kong, of which McLachlin is the first Canadian, to sit as non-permanent members of the court.[25] Her three-year appointment was approved by the Hong Kong Legislative Council,[26] and the chief executive gazetted the appointment effective July 30, 2018.[27] McLachlin's appointment was accompanied by those of Brenda Hale, also as non-permanent judge, and Andrew Cheung, as permanent judge, at the court.[28][29] She was reappointed to the court in 2021 for a second three-year term.[2] Her service on the court has been criticized amidst the Hong Kong pro-democracy protests and imposition of the National Security Law, which is seen by Western observers as threatening civil liberties in the city. As a Court of Final Appeal judge, McLachlin would be required to uphold the law in appellate judgements.[2] A motion at the Law Society of Ontario to condemn her appointment was defeated 28–17 in February 2021.[2] In June 2022, she announced her decision to remain on the court which she believes to still be independent.[30]

Judicial philosophy edit

McLachlin has defined the judicial function as one that requires conscious objectivity, which she has described as follows:[6]

What you have to try to do as a judge, whether you're on charter issues or any other issue, is by an act of the imagination put yourself in the shoes of the different parties, and think about how it looks from their perspective, and really think about it, not just give it lip service.

McLachlin has argued that courts may be justified in changing the law where such a change would accord with changes in society's values.[31] She regards Edwards v Canada (Attorney General), in which the Judicial Committee of the Privy Council found that women were entitled to sit in the Senate of Canada, as a paradigm case in Canadian law.[32] She has stated "courts are the ultimate guardians of the rights of society, in our system of government."[33][34] She has also stated, "I think the court belongs to the Canadian people and it should reflect the Canadian people."[6]

McLachlin has defended the view that "legal certainty"—the notion that there is one correct answer to a legal question, which judges can discover with diligence—is a "myth".[35][36]

Mahmud Jamal, now a puisne justice of the Supreme Court of Canada, has argued that McLachlin's jurisprudence on the law of federalism is consistent with her "self-described judicial philosophy", namely that judges are to be "scrupulously non-partisan and impartial".[37]

Writing edit

In 2018, McLachlin published a legal thriller novel titled Full Disclosure.[38] Her memoir Truth Be Told: My Journey Through Life and the Law, was published in 2019. It won the Shaughnessy Cohen Prize for Political Writing in 2020.[39] McLachlin's second novel, Denial, was published in 2021 by Simon & Schuster.[40]

Honours and awards edit

Coat of arms of Beverley McLachlin
 
Crest
A great horned owl Proper perched on a pair of pincers fesswise Or set on a hockey stick Proper.
Escutcheon
Per fess Gules and Argent four pallets counterchanged overall a bezant charged with a balance Sable within a bordure compony Argent and Gules on a chief Or a pen nib between two lyres Sable.
Supporters
Two Labrador retrievers Sable each gorged of a collar compony Argent and Sable pendent therefrom a closed book Or charged with a livestock brand composed of the letter E and the letter G contourné both ensigned by a quarter arc embowed Gules and standing on a rocky mount set with Pacific dogwood flowers and pine trees Proper all above barry wavy Argent and Gules.
Motto
Wisdom Compassion Justice[41]

McLachlin is the honorary patron of the Institute of Parliamentary and Political Law. From 2016 to 2020, she was a college visitor at Massey College.[42] In 2017, she was elected Visitor of Queens' College, Cambridge. She has been awarded with over 31 honorary degrees from various universities, which include:

Honorary degrees
Location Date School Degree
  British Columbia 27 September 1990 University of British Columbia Doctor of Laws (LL.D.)[43]
  Alberta 1991 University of Alberta Doctor of Laws (LL.D.)[44]
  Ontario June 1995 University of Toronto Doctor of Laws (LL.D.)[45]
  Ontario Spring 1999 York University Doctor of Laws (LL.D.)[46]
  Ontario 2000 Law Society of Upper Canada Doctor of Laws (LL.D.)[47]
  British Columbia 2000 Simon Fraser University Doctor of Laws (LL.D.)[48]
  Alberta 2000 University of Calgary [49]
  Ontario 8 June 2000 Brock University Doctor of Laws (LL.D.)[50]
  British Columbia November 2000 University of Victoria Doctor of Laws (LL.D.)[51]
  Alberta Spring 2001 University of Lethbridge Doctor of Laws (LL.D.)[52]
  Nova Scotia 2002 Mount Saint Vincent University Doctor of Humane Letters (DHL)[53]
  Prince Edward Island 2002 University of Prince Edward Island Doctor of Laws (LL.D.) [54]
  Quebec 2003 Université de Montréal Doctorate [55]
  Nova Scotia 2004 Dalhousie University Doctor of Laws (LL.D.)[56]
  Northern Ireland 2004 Queen's University Belfast Doctor of Laws (LL.D.)[57]
  Manitoba 27 May 2004 University of Manitoba Doctor of Laws (LL.D.)[58]
  Ontario 14 November 2004 Carleton University Doctor of Laws (LL.D.)[59]
  Maine 7 May 2005 University of Maine at Fort Kent Doctor of Humane Letters (DHL)[60]
  Philippines 2006 Ateneo de Manila University Doctor of Laws (LL.D.)[61]
  Ontario 18 June 2010 University of Windsor Doctor of Civil Law (DCL)[62]
  Ontario 2010 Ryerson University Doctor of Laws (LL.D.)[63]
  Nova Scotia 2010 Cape Breton University Doctor of Laws (LL.D.)[64]
  Ontario 2011 Queen's University Doctor of Laws (LL.D.)[65]
  Quebec June 2011 Concordia University Doctor of Laws (LL.D.)[66]
  Ontario 26 October 2012 University of Western Ontario Doctor of Civil Law (DCL)[67]
  Ontario 2012 Lakehead University Doctor of Laws (LL.D.)[68]
  Scotland 2014 University of Edinburgh Doctorate[69]
  Quebec 2015 Bishop's University Doctor of Civil Law (DCL)[70]
  Ontario 31 May 2016 Laurentian University Doctor of Laws (LL.D.)[71]
  Quebec 1 June 2016 McGill University Doctor of Laws (LL.D.)[72]
  Alberta 28 April 2017 Lethbridge College Bachelor of Applied Arts[73]
  Newfoundland and Labrador 19 October 2017 Memorial University of Newfoundland Doctor of Laws (LL.D.) [74]
  Ontario 2019 University of Ontario Institute of Technology Doctor of Laws (LL.D.)[75]

Memberships and fellowships edit

Country Date Organisation Position
  Canada March 2011 Royal Heraldry Society of Canada Vice Patron[76]
  United States of America American College of Trial Lawyers Honorary Fellow[77]

See also edit

Selected publications edit

Books edit

  • McLachlin, Beverley M.; Wallace, Wilfred J. (1987). The Canadian Law of Architecture and Engineering. Toronto: Butterworths. ISBN 978-0-433-39160-9.
  • McLachlin, Beverley (2018). Full Disclosure. Toronto: Simon & Schuster Canada. ISBN 978-1-5011-7279-3.
  • McLachlin, Beverley (2019). Truth Be Told: My Journey Through Life and the Law. Toronto: Simon & Schuster Canada. ISBN 978-1-9821-0498-6.
  • McLachlin, Beverley (2021). Denial: A Novel. Toronto: Simon & Schuster Canada. ISBN 978-1-9821-0499-3.

Articles edit

  • McLachlin, Beverley (1990). "The Role of the Court in the Post-Charter Era: Policy-Maker or Adjudicator?". University of New Brunswick Law Journal. 39: 43–64.
  • McLachlin, Beverley (1991). "The Charter: A New Role for the Judiciary". Alberta Law Review. 29 (3): 540–559. doi:10.29173/alr1544. ISSN 1925-8356.
  • McLachlin, Beverley (2007). "The Charter 25 Years Later: The Good, the Bad, and the Challenges". Osgoode Hall Law Journal. 45 (2): 365–377. doi:10.60082/2817-5069.1245. S2CID 146383118.
  • McLachlin, Beverley (June 2010). "Judging the 'Vanishing Trial' in the Construction Industry". Construction Law International. 5 (2): 9–14.[permanent dead link]

References edit

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  2. ^ a b c d Blackwell, Tom (August 2, 2021). "Canada's ex-chief justice renews job on top Hong Kong court despite Beijing's tightening grip". National Post. Retrieved September 26, 2021.
  3. ^ Slayton, Philip (April 11, 2011). Mighty Judgment: How the Supreme Court of Canada Runs Your Life. Penguin Books. p. 145. ISBN 978-0-14-318051-7.
  4. ^ The Canadian Press (May 25, 2000). "Religious upbringing influences Chief Justice". The Globe and Mail. from the original on September 23, 2020. Retrieved April 5, 2020.
  5. ^ McLachlin, Beverley (September 15, 2020). Truth Be Told: The Story of My Life and My Fight for Equality. Simon & Schuster. p. 112. ISBN 978-1-9821-0497-9.
  6. ^ a b c d e f Brean, Joseph (May 23, 2015). "'Conscious objectivity': That's how the chief justice defines the top court's role. Harper might beg to differ". National Post. from the original on December 16, 2020. Retrieved February 17, 2016.
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  12. ^ "News Release". Supreme Court of Canada. February 5, 2014. from the original on July 2, 2015. Retrieved February 17, 2016.
  13. ^ MacCharles, Tonda (May 2, 2014). "Stephen Harper lashes out at top judge on Supreme Court". Toronto Star. from the original on December 8, 2017. Retrieved August 24, 2017.
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  15. ^ Fitz-Morris, James (July 25, 2014). "International Commission of Jurists demands Stephen Harper apologize to Beverley McLachlin". CBC News. from the original on October 28, 2014. Retrieved October 20, 2014.
  16. ^ Fine, Sean (May 28, 2015). "Chief Justice says Canada attempted 'cultural genocide' on aboriginals". The Globe and Mail. from the original on August 26, 2017. Retrieved February 17, 2016.
  17. ^ Ken Coates. "McLachlin said what many have long known". The Globe and Mail. from the original on October 12, 2015. Retrieved February 17, 2016.
  18. ^ Lysiane, Gagnon (June 10, 2015). "McLachlin's comments a disservice to her court, and to aboriginals". The Globe and Mail. from the original on November 21, 2015. Retrieved June 10, 2015.
  19. ^ Gibson, Gordon (June 10, 2015). "It is bad for democracy when nine unelected people can make law". National Post. from the original on December 16, 2020. Retrieved June 10, 2015.
  20. ^ MacCharles, Tonda (June 12, 2017). "Chief Justice Beverley McLachlin to retire from Supreme Court of Canada". Toronto Star. from the original on June 12, 2017. Retrieved June 12, 2017.
  21. ^ "Prime Minister names the Honourable Richard Wagner as new Chief Justice of Canada". pm.gc.ca (Press release). PMO. December 12, 2017. from the original on July 23, 2019. Retrieved December 12, 2017.
  22. ^ Justin Trudeau (August 2, 2016). "Why Canada has a new way to choose Supreme Court judges". The Globe and Mail. from the original on May 18, 2017. Retrieved April 24, 2017.
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  24. ^ "Prime Minister announces nomination of the Honourable Sheilah L. Martin to the Supreme Court of Canada". pm.gc.ca (Press release). PMO. November 29, 2017. from the original on November 29, 2017. Retrieved November 29, 2017.
  25. ^ Fine, Sean (March 21, 2018). "Former chief justice Beverley McLachlin nominated for Hong Kong's top court". The Globe and Mail. from the original on March 22, 2018. Retrieved March 22, 2018.
  26. ^ Lum, Alvin (April 28, 2018). "Pro-Beijing lawmakers voice concerns over foreign judges' support for gay rights". South China Morning Post. from the original on April 29, 2018. Retrieved April 29, 2018.
  27. ^ "Hong Kong Gazette Notice GN5815/2018" (PDF). (PDF) from the original on September 4, 2018. Retrieved September 3, 2018.
  28. ^ "Appointment of non-permanent judges from other common law jurisdictions of the Court of Final Appeal". Government of Hong Kong. March 21, 2018. from the original on March 22, 2018. Retrieved March 21, 2018.
  29. ^ Lum, Alvin (March 21, 2018). "Hong Kong's top court gets two female foreign judges in historic first". South China Morning Post. from the original on March 21, 2018. Retrieved March 21, 2018.
  30. ^ Raycraft, Richard (June 16, 2022). "Former chief justice McLachlin says she'll stay on Hong Kong court despite crackdown on human rights". CBC News. Retrieved June 16, 2022.
  31. ^ a b Makin, Kirk; Yarhi, Eli (July 3, 2018). "Beverley McLachlin". The Canadian Encyclopedia. from the original on October 7, 2020. Retrieved December 15, 2020.
  32. ^ Cruickshank, Ainslie (February 15, 2016). "Scalia's judicial philosophy in sharp contrast to SCC". iPolitics. from the original on August 13, 2020. Retrieved December 15, 2020.
  33. ^ Barak, Aharon (November 2002). "A Judge on Judging: The Role of a Supreme Court in a Democracy". Harvard Law Review. 116 (1): 42. from the original on July 9, 2020. Retrieved December 15, 2020.
  34. ^ McLachlin, Beverley (1990). "The Role of the Court in the Post-Charter Era: Policy-Maker or Adjudicator?". University of New Brunswick Law Journal. 39: 57.
  35. ^ Bell, Evan (March 2012). "Reflecting on the judicial role: how valid is the analogy that 'judges are like umpires'?". Commonwealth Law Bulletin. 38 (1): 3–29. doi:10.1080/03050718.2012.646732. ISSN 0305-0718. S2CID 145465046. Chief Justice McLachlin of Canada has referred to 'the myth of legal certainty'. This, she describes, is the myth that, if the judges look hard enough, long enough and wisely enough, they will find in the law the single clear answer to a question.
  36. ^ McLachlin, Beverley (June 3, 2004). Judging in a Democratic State (Speech). from the original on October 23, 2020. Retrieved December 15, 2020.
  37. ^ Jamal, Mahmud (2019). "Chief Justice McLachlin and the Division of Powers". Supreme Court Law Review. 88: 342. 88 SCLR (2d) 241; 2019 CanLIIDocs 4066. from the original on December 16, 2020. Retrieved December 15, 2020.
  38. ^ Carter, Sue (May 11, 2018). "How Beverley McLachlin wrote her first thriller while holding a full-time job as Chief Justice of Canada". Toronto Star. from the original on May 13, 2018. Retrieved December 16, 2020.
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Further reading edit

  • Erb, Marsha C. (Summer 2020). "A Remarkable Journey to the 'Centre Chair'". Judicature. 104 (2). from the original on March 9, 2021. Retrieved March 9, 2021.
  • Fine, Sean (January 12, 2018). "How Beverley McLachlin found her bliss: Where she came from and what she leaves behind". The Globe and Mail. Retrieved July 12, 2021. Sean Fine talks to the recently retired Supreme Court chief justice, and weighs the impact of the legal architecture she helped set in place
  • Smith, C. Lynn (1996). "Beverley McLachlin". In Salokar, Rebecca Mae; Volcansek, Mary L. (eds.). Women in Law: A Bio-Bibliographical Sourcebook. Greenwood Press. pp. 159–170. ISBN 978-1-4294-7634-8. OCLC 70764020.

External links edit

  • Supreme Court of Canada biography
Legal offices
Preceded by
None
Non-Permanent Judge of the Court of Final Appeal of Hong Kong
2018–present
Incumbent
Order of precedence
Preceded byas Former Prime Minister Order of Precedence of Canada
as Former Chief Justice
Succeeded byas Speaker of the Senate of Canada

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McLachlin redirects here For the surname see McLachlin surname Beverley Marian McLachlin PC CC born September 7 1943 is a Canadian jurist and author who served as the 17th chief justice of Canada from 2000 to 2017 She is the longest serving chief justice in Canadian history and the first woman to hold the position She is considered by many to be among the finest legal minds in the history of the Supreme Court 1 The Right HonourableBeverley McLachlinPC CCMcLachlin in 200717th Chief Justice of CanadaIn office January 7 2000 December 15 2017Nominated byJean ChretienAppointed byAdrienne ClarksonPreceded byAntonio LamerSucceeded byRichard WagnerNon Permanent Judge of theCourt of Final Appeal of Hong KongIncumbentAssumed office July 30 2018Appointed byCarrie LamPuisne Justice of the Supreme Court of CanadaIn office March 30 1989 January 7 2000Nominated byBrian MulroneyAppointed byJeanne SauvePreceded byWilliam McIntyreSucceeded byLouis LeBelChief Justice of theSupreme Court of British ColumbiaIn office 1988 1990Appointed byJeanne SauvePersonal detailsBornBeverley Gietz 1943 09 07 September 7 1943 age 80 Pincher Creek Alberta CanadaCitizenshipCanadianSpousesRoderick McLachlin m 1967 died 1988 wbr Frank McArdle m 1992 wbr ChildrenAngus McLachlin b 1976 Alma materUniversity of Alberta BA MA LLB ProfessionJudgeChinese nameTraditional Chinese麥嘉琳Simplified Chinese麦嘉琳TranscriptionsStandard MandarinHanyu PinyinMai JialinYue CantoneseYale RomanizationMahk Ga LahmJyutpingMak6 Gaa1 Lam4In July 2018 McLachlin began a three year term as a non permanent judge on the Hong Kong Court of Final Appeal the first Canadian jurist nominated to the post She was re appointed for a second three year term in 2021 2 Contents 1 Early life and education 2 Judicial career 2 1 Canada 2 2 Hong Kong 3 Judicial philosophy 4 Writing 5 Honours and awards 5 1 Memberships and fellowships 6 See also 7 Selected publications 7 1 Books 7 2 Articles 8 References 9 Further reading 10 External linksEarly life and education editMcLachlin was born Beverley Gietz in Pincher Creek Alberta the eldest child of Eleanora Marian nee Kruschell and Ernest Gietz Her parents who were of German descent were fundamentalist Christians 3 of the Pentecostal Church 4 She received a B A and an M A in philosophy as well as an LL B degree winning the gold medal as top student and serving as notes editor of the Alberta Law Review from the University of Alberta 5 She was called to the bar of Alberta in 1969 and to the Bar of British Columbia in 1971 McLachlin practised law from 1969 until 1975 From 1974 to 1981 she was a professor at the University of British Columbia McLachlin has one son Angus born 1976 from her first marriage to Roderick McLachlin who took care of much of Angus s upbringing 6 Roderick McLachlin died of cancer in 1988 a few days after she was appointed chief justice of the B C Supreme Court 6 In 1992 McLachlin married Frank McArdle a lawyer and the executive director of the Canadian Superior Courts Judges Association 6 Judicial career editCanada edit See also Reasons of the Supreme Court of Canada by Beverley McLachlin In April 1981 McLachlin was appointed to the County Court of Vancouver Five months later in September 1981 she was appointed to the Supreme Court of British Columbia 7 In December 1985 McLachlin was appointed to the British Columbia Court of Appeal 7 In September 1988 McLachlin was appointed Chief Justice of the Supreme Court of British Columbia 7 She was nominated by Brian Mulroney to be made a puisne justice to the Supreme Court of Canada on March 30 1989 6 On the advice of Jean Chretien McLachlin was appointed the chief justice of Canada on January 7 2000 7 Upon being sworn into the Supreme Court of Canada she also became a deputy of the Governor General of Canada together with the other justices of the Supreme Court When Governor General Adrienne Clarkson was hospitalized for a cardiac pacemaker operation on July 8 2005 McLachlin performed the duties of the governor general as the administrator of Canada 8 In her role as administrator she gave royal assent to the Civil Marriage Act which legalized same sex marriage nationally in Canada 8 She relinquished that task when the governor general returned to good health in late July While she was Chief Justice McLachlin chaired the Canadian Judicial Council She is also on the board of governors of the National Judicial Institute and on the advisory council of the Order of Canada She is a member of the Queen s Privy Council for Canada McLachlin was made a commander of the Legion of Honour by the government of France in 2008 9 10 On December 15 2006 she was appointed a commander of the Venerable Order of Saint John 11 In July 2013 during the consultation period prior to appointment for Marc Nadon Chief Justice McLachlin contacted justice minister Peter MacKay and the Prime Minister s Office regarding the eligibility of Marc Nadon for a Quebec seat on the Supreme Court 12 Prime Minister Stephen Harper stated that he had refused a phone call from McLachlin on the attorney general s advice Harper s comments were criticized by the legal community and a complaint was forwarded to the International Commission of Jurists in Switzerland 13 14 The International Commission of Jurists concluded that Beverly McLachlin deserved an apology from Harper but none had been given as of July 2014 15 In May 2015 McLachlin was invited to speak at the Global Centre for Pluralism and said that Canada attempted to commit cultural genocide against aboriginal peoples in what she called the worst stain on Canada s human rights record 16 University of Regina academic Ken Coates supported McLachlin and said that she was only stating what is clearly in the minds of judges lawyers and aboriginal people across the country 17 Others were less sympathetic Columnist Lysiane Gagnon called the comments unacceptable and highly inflammatory and suggested that McLachlin had opened herself up to accusations of prejudice 18 Gordon Gibson another columnist said the use of the word genocide was incendiary and disproportionate and that the Chief Justice s comments made her sound like a legislator 19 McLachlin retired from the Supreme Court on December 15 2017 nine months before reaching the mandatory retirement age of 75 20 Her successor as Chief Justice of Canada is Richard Wagner who was nominated by Prime Minister Justin Trudeau in 2017 21 Her successor as a justice of the court is Sheilah Martin who was nominated by Prime Minister Justin Trudeau through a new process for judicial appointments to the Supreme Court of Canada that permitted any Canadian lawyer or judge who fits a specified criteria to apply 22 23 24 Hong Kong edit McLachlin was nominated in March 2018 to become a non permanent member of the Court of Final Appeal in Hong Kong The court appoints foreign judges from common law jurisdictions outside of Hong Kong of which McLachlin is the first Canadian to sit as non permanent members of the court 25 Her three year appointment was approved by the Hong Kong Legislative Council 26 and the chief executive gazetted the appointment effective July 30 2018 27 McLachlin s appointment was accompanied by those of Brenda Hale also as non permanent judge and Andrew Cheung as permanent judge at the court 28 29 She was reappointed to the court in 2021 for a second three year term 2 Her service on the court has been criticized amidst the Hong Kong pro democracy protests and imposition of the National Security Law which is seen by Western observers as threatening civil liberties in the city As a Court of Final Appeal judge McLachlin would be required to uphold the law in appellate judgements 2 A motion at the Law Society of Ontario to condemn her appointment was defeated 28 17 in February 2021 2 In June 2022 she announced her decision to remain on the court which she believes to still be independent 30 Judicial philosophy editMcLachlin has defined the judicial function as one that requires conscious objectivity which she has described as follows 6 What you have to try to do as a judge whether you re on charter issues or any other issue is by an act of the imagination put yourself in the shoes of the different parties and think about how it looks from their perspective and really think about it not just give it lip service McLachlin has argued that courts may be justified in changing the law where such a change would accord with changes in society s values 31 She regards Edwards v Canada Attorney General in which the Judicial Committee of the Privy Council found that women were entitled to sit in the Senate of Canada as a paradigm case in Canadian law 32 She has stated courts are the ultimate guardians of the rights of society in our system of government 33 34 She has also stated I think the court belongs to the Canadian people and it should reflect the Canadian people 6 McLachlin has defended the view that legal certainty the notion that there is one correct answer to a legal question which judges can discover with diligence is a myth 35 36 Mahmud Jamal now a puisne justice of the Supreme Court of Canada has argued that McLachlin s jurisprudence on the law of federalism is consistent with her self described judicial philosophy namely that judges are to be scrupulously non partisan and impartial 37 Writing editIn 2018 McLachlin published a legal thriller novel titled Full Disclosure 38 Her memoir Truth Be Told My Journey Through Life and the Law was published in 2019 It won the Shaughnessy Cohen Prize for Political Writing in 2020 39 McLachlin s second novel Denial was published in 2021 by Simon amp Schuster 40 Honours and awards editCoat of arms of Beverley McLachlin nbsp Crest A great horned owl Proper perched on a pair of pincers fesswise Or set on a hockey stick Proper Escutcheon Per fess Gules and Argent four pallets counterchanged overall a bezant charged with a balance Sable within a bordure compony Argent and Gules on a chief Or a pen nib between two lyres Sable Supporters Two Labrador retrievers Sable each gorged of a collar compony Argent and Sable pendent therefrom a closed book Or charged with a livestock brand composed of the letter E and the letter G contourne both ensigned by a quarter arc embowed Gules and standing on a rocky mount set with Pacific dogwood flowers and pine trees Proper all above barry wavy Argent and Gules Motto Wisdom Compassion Justice 41 McLachlin is the honorary patron of the Institute of Parliamentary and Political Law From 2016 to 2020 she was a college visitor at Massey College 42 In 2017 she was elected Visitor of Queens College Cambridge She has been awarded with over 31 honorary degrees from various universities which include Honorary degrees Location Date School Degree nbsp British Columbia 27 September 1990 University of British Columbia Doctor of Laws LL D 43 nbsp Alberta 1991 University of Alberta Doctor of Laws LL D 44 nbsp Ontario June 1995 University of Toronto Doctor of Laws LL D 45 nbsp Ontario Spring 1999 York University Doctor of Laws LL D 46 nbsp Ontario 2000 Law Society of Upper Canada Doctor of Laws LL D 47 nbsp British Columbia 2000 Simon Fraser University Doctor of Laws LL D 48 nbsp Alberta 2000 University of Calgary 49 nbsp Ontario 8 June 2000 Brock University Doctor of Laws LL D 50 nbsp British Columbia November 2000 University of Victoria Doctor of Laws LL D 51 nbsp Alberta Spring 2001 University of Lethbridge Doctor of Laws LL D 52 nbsp Nova Scotia 2002 Mount Saint Vincent University Doctor of Humane Letters DHL 53 nbsp Prince Edward Island 2002 University of Prince Edward Island Doctor of Laws LL D 54 nbsp Quebec 2003 Universite de Montreal Doctorate 55 nbsp Nova Scotia 2004 Dalhousie University Doctor of Laws LL D 56 nbsp Northern Ireland 2004 Queen s University Belfast Doctor of Laws LL D 57 nbsp Manitoba 27 May 2004 University of Manitoba Doctor of Laws LL D 58 nbsp Ontario 14 November 2004 Carleton University Doctor of Laws LL D 59 nbsp Maine 7 May 2005 University of Maine at Fort Kent Doctor of Humane Letters DHL 60 nbsp Philippines 2006 Ateneo de Manila University Doctor of Laws LL D 61 nbsp Ontario 18 June 2010 University of Windsor Doctor of Civil Law DCL 62 nbsp Ontario 2010 Ryerson University Doctor of Laws LL D 63 nbsp Nova Scotia 2010 Cape Breton University Doctor of Laws LL D 64 nbsp Ontario 2011 Queen s University Doctor of Laws LL D 65 nbsp Quebec June 2011 Concordia University Doctor of Laws LL D 66 nbsp Ontario 26 October 2012 University of Western Ontario Doctor of Civil Law DCL 67 nbsp Ontario 2012 Lakehead University Doctor of Laws LL D 68 nbsp Scotland 2014 University of Edinburgh Doctorate 69 nbsp Quebec 2015 Bishop s University Doctor of Civil Law DCL 70 nbsp Ontario 31 May 2016 Laurentian University Doctor of Laws LL D 71 nbsp Quebec 1 June 2016 McGill University Doctor of Laws LL D 72 nbsp Alberta 28 April 2017 Lethbridge College Bachelor of Applied Arts 73 nbsp Newfoundland and Labrador 19 October 2017 Memorial University of Newfoundland Doctor of Laws LL D 74 nbsp Ontario 2019 University of Ontario Institute of Technology Doctor of Laws LL D 75 Order of Saint John Commander 31 Memberships and fellowships edit Country Date Organisation Position nbsp Canada March 2011 Royal Heraldry Society of Canada Vice Patron 76 nbsp United States of America American College of Trial Lawyers Honorary Fellow 77 This list is incomplete you can help by adding missing items November 2020 See also editList of Supreme Court of Canada cases McLachlin Court Selected publications editBooks edit McLachlin Beverley M Wallace Wilfred J 1987 The Canadian Law of Architecture and Engineering Toronto Butterworths ISBN 978 0 433 39160 9 McLachlin Beverley 2018 Full Disclosure Toronto Simon amp Schuster Canada ISBN 978 1 5011 7279 3 McLachlin Beverley 2019 Truth Be Told My Journey Through Life and the Law Toronto Simon amp Schuster Canada ISBN 978 1 9821 0498 6 McLachlin Beverley 2021 Denial A Novel Toronto Simon amp Schuster Canada ISBN 978 1 9821 0499 3 Articles edit McLachlin Beverley 1990 The Role of the Court in the Post Charter Era Policy Maker or Adjudicator University of New Brunswick Law Journal 39 43 64 McLachlin Beverley 1991 The Charter A New Role for the Judiciary Alberta Law Review 29 3 540 559 doi 10 29173 alr1544 ISSN 1925 8356 McLachlin Beverley 2007 The Charter 25 Years Later The Good the Bad and the Challenges Osgoode Hall Law Journal 45 2 365 377 doi 10 60082 2817 5069 1245 S2CID 146383118 McLachlin Beverley June 2010 Judging the Vanishing Trial in the Construction Industry Construction Law International 5 2 9 14 permanent dead link References edit Erb Marsha C Summer 2020 A Remarkable Journey to the Centre Chair Judicature 104 2 Archived from the original on March 9 2021 Retrieved March 9 2021 a b c d Blackwell Tom August 2 2021 Canada s ex chief justice renews job on top Hong Kong court despite Beijing s tightening grip National Post Retrieved September 26 2021 Slayton Philip April 11 2011 Mighty Judgment How the Supreme Court of Canada Runs Your Life Penguin Books p 145 ISBN 978 0 14 318051 7 The Canadian Press May 25 2000 Religious upbringing influences Chief Justice The Globe and Mail Archived from the original on September 23 2020 Retrieved April 5 2020 McLachlin Beverley September 15 2020 Truth Be Told The Story of My Life and My Fight for Equality Simon amp Schuster p 112 ISBN 978 1 9821 0497 9 a b c d e f Brean Joseph May 23 2015 Conscious objectivity That s how the chief justice defines the top court s role Harper might beg to differ National Post Archived from the original on December 16 2020 Retrieved February 17 2016 a b c d Beverley McLachlin Supreme Court of Canada July 6 2018 Archived from the original on July 22 2018 Retrieved January 14 2020 a b Grittani Livingston Megan January 17 2007 Canada s Chief Justice lays down the law The Queen s Journal Archived from the original on October 29 2020 Retrieved December 16 2020 Canada Gazette Part I PDF Gazette gc ca Archived from the original PDF on May 22 2013 Retrieved February 17 2016 La France decore la Juge en chef du Canada La France au Canada France in Canada Archived from the original on May 21 2011 Retrieved September 8 2008 Canada Gazette Part I PDF Gazette gc ca Archived from the original PDF on May 22 2013 Retrieved February 17 2016 News Release Supreme Court of Canada February 5 2014 Archived from the original on July 2 2015 Retrieved February 17 2016 MacCharles Tonda May 2 2014 Stephen Harper lashes out at top judge on Supreme Court Toronto Star Archived from the original on December 8 2017 Retrieved August 24 2017 MacCharles Tonda May 13 2014 Legal community demands Stephen Harper withdraw criticism of Beverley McLachlin Toronto Star Archived from the original on April 29 2017 Retrieved August 24 2017 Fitz Morris James July 25 2014 International Commission of Jurists demands Stephen Harper apologize to Beverley McLachlin CBC News Archived from the original on October 28 2014 Retrieved October 20 2014 Fine Sean May 28 2015 Chief Justice says Canada attempted cultural genocide on aboriginals The Globe and Mail Archived from the original on August 26 2017 Retrieved February 17 2016 Ken Coates McLachlin said what many have long known The Globe and Mail Archived from the original on October 12 2015 Retrieved February 17 2016 Lysiane Gagnon June 10 2015 McLachlin s comments a disservice to her court and to aboriginals The Globe and Mail Archived from the original on November 21 2015 Retrieved June 10 2015 Gibson Gordon June 10 2015 It is bad for democracy when nine unelected people can make law National Post Archived from the original on December 16 2020 Retrieved June 10 2015 MacCharles Tonda June 12 2017 Chief Justice Beverley McLachlin to retire from Supreme Court of Canada Toronto Star Archived from the original on June 12 2017 Retrieved June 12 2017 Prime Minister names the Honourable Richard Wagner as new Chief Justice of Canada pm gc ca Press release PMO December 12 2017 Archived from the original on July 23 2019 Retrieved December 12 2017 Justin Trudeau August 2 2016 Why Canada has a new way to choose Supreme Court judges The Globe and Mail Archived from the original on May 18 2017 Retrieved April 24 2017 New process for judicial appointments to the Supreme Court of Canada Press release Government of Canada August 2 2016 Archived from the original on July 13 2017 Retrieved July 14 2017 Prime Minister announces nomination of the Honourable Sheilah L Martin to the Supreme Court of Canada pm gc ca Press release PMO November 29 2017 Archived from the original on November 29 2017 Retrieved November 29 2017 Fine Sean March 21 2018 Former chief justice Beverley McLachlin nominated for Hong Kong s top court The Globe and Mail Archived from the original on March 22 2018 Retrieved March 22 2018 Lum Alvin April 28 2018 Pro Beijing lawmakers voice concerns over foreign judges support for gay rights South China Morning Post Archived from the original on April 29 2018 Retrieved April 29 2018 Hong Kong Gazette Notice GN5815 2018 PDF Archived PDF from the original on September 4 2018 Retrieved September 3 2018 Appointment of non permanent judges from other common law jurisdictions of the Court of Final Appeal Government of Hong Kong March 21 2018 Archived from the original on March 22 2018 Retrieved March 21 2018 Lum Alvin March 21 2018 Hong Kong s top court gets two female foreign judges in historic first South China Morning Post Archived from the original on March 21 2018 Retrieved March 21 2018 Raycraft Richard June 16 2022 Former chief justice McLachlin says she ll stay on Hong Kong court despite crackdown on human rights CBC News Retrieved June 16 2022 a b Makin Kirk Yarhi Eli July 3 2018 Beverley McLachlin The Canadian Encyclopedia Archived from the original on October 7 2020 Retrieved December 15 2020 Cruickshank Ainslie February 15 2016 Scalia s judicial philosophy in sharp contrast to SCC iPolitics Archived from the original on August 13 2020 Retrieved December 15 2020 Barak Aharon November 2002 A Judge on Judging The Role of a Supreme Court in a Democracy Harvard Law Review 116 1 42 Archived from the original on July 9 2020 Retrieved December 15 2020 McLachlin Beverley 1990 The Role of the Court in the Post Charter Era Policy Maker or Adjudicator University of New Brunswick Law Journal 39 57 Bell Evan March 2012 Reflecting on the judicial role how valid is the analogy that judges are like umpires Commonwealth Law Bulletin 38 1 3 29 doi 10 1080 03050718 2012 646732 ISSN 0305 0718 S2CID 145465046 Chief Justice McLachlin of Canada has referred to the myth of legal certainty This she describes is the myth that if the judges look hard enough long enough and wisely enough they will find in the law the single clear answer to a question McLachlin Beverley June 3 2004 Judging in a Democratic State Speech Archived from the original on October 23 2020 Retrieved December 15 2020 Jamal Mahmud 2019 Chief Justice McLachlin and the Division of Powers Supreme Court Law Review 88 342 88 SCLR 2d 241 2019 CanLIIDocs 4066 Archived from the original on December 16 2020 Retrieved December 15 2020 Carter Sue May 11 2018 How Beverley McLachlin wrote her first thriller while holding a full time job as Chief Justice of Canada Toronto Star Archived from the original on May 13 2018 Retrieved December 16 2020 Beverley McLachlin wins 25K Shaughnessy Cohen Prize for Political Writing for memoir Truth Be Told CBC Books September 24 2020 Archived from the original on September 26 2020 Retrieved December 16 2020 Denial CBC July 12 2021 Retrieved November 14 2023 Beverley Marian McLachlin Canadian Heraldic Authority Retrieved March 11 2022 Governance Massey College Archived from the original on November 2 2020 Retrieved December 16 2020 UBC Archives Honorary Degree Citations 1989 1991 University of British Columbia Archived from the original on March 3 2016 Retrieved February 17 2016 Past Honorary Degree Recipients University of Alberta Archived from the original on October 23 2020 Retrieved December 16 2020 Honorary Degree Recipients PDF University of Toronto p 24 Archived PDF from the original on December 16 2020 Retrieved December 15 2020 Honorary Degree Recipients York University Archived from the original on March 18 2015 Retrieved February 17 2016 Honorary LLD Law Society of Ontario Archived from the original on August 3 2020 Retrieved December 14 2020 Honorary Degree Recipients to 2020 PDF Simon Fraser University Archived PDF from the original on September 2 2020 Retrieved December 16 2020 Honorary Degree Recipients November 2019 PDF University of Calgary Archived PDF from the original on October 22 2020 Retrieved December 15 2020 Brock University Honorary Degree and Award Recipients PDF Brock University Archived PDF from the original on December 16 2020 Retrieved December 15 2020 Honorary degree recipients University of Victoria December 8 2020 Archived from the original on July 26 2020 Retrieved December 15 2020 Honorary Degree Recipients PDF University of Lethbridge Archived PDF from the original on March 20 2020 Retrieved December 15 2020 Doctor of Humane Letters honoris causa DHumL Archived from the original on October 30 2020 Retrieved December 15 2020 Past Honorary Degree Recipients University of Prince Edward Island Archived from the original on October 24 2020 Retrieved December 15 2020 Honorary doctorates Universite de Montreal Archived from the original on February 12 2018 Retrieved December 15 2020 2000 2009 Honorary Degree Recipients Dalhousie University Archived from the original on April 9 2019 Retrieved December 15 2020 Queen s University Belfast formerly Queen s College Belfast Honorary Degrees 1871 2019 PDF Queen s University Belfast Archived PDF from the original on May 9 2018 Retrieved December 16 2020 Honorary Degree recipients University of Manitoba Archived from the original on November 16 2020 Retrieved December 15 2020 Honorary Degrees Awarded Since 1954 Carleton University Archived from the original on October 1 2020 Retrieved December 15 2020 Past Commencement Speakers University of Maine at Fort Kent Archived from the original on August 10 2020 Retrieved December 16 2020 Honorary Degree Ateneo de Manila University Archived from the original on May 5 2015 Retrieved December 15 2020 Honorary Degrees Conferred PDF University of Windsor Archived PDF from the original on December 16 2020 Retrieved December 15 2020 Ryerson Honorary Doctorates and Fellowships Ryerson University Archived from the original on November 9 2020 Retrieved December 16 2020 The Right Honourable Beverley McLachlin Cape Breton University September 18 2019 Archived from the original on October 21 2020 Retrieved December 16 2020 Honorary Degrees PDF Archived from the original PDF on April 27 2015 Retrieved May 1 2015 Honorary degree citation Beverley McLachlin Concordia University Archived from the original on December 16 2020 Retrieved December 16 2020 The University of Western Ontario Honorary Degrees Awarded 1881 present PDF University of Western Ontario Archived PDF from the original on March 5 2016 Retrieved December 15 2020 Past Honorary Degree Recipients Lakehead University Archived from the original on October 18 2020 Retrieved December 16 2020 Honorary graduate details University of Edinburgh Archived from the original on March 4 2016 Retrieved December 16 2020 2018 2019 Donald Lecture Series Bishop s University September 11 2019 Retrieved December 16 2020 Six distinguished Canadians to receive Honorary Doctorates Laurentian University Archived from the original on June 19 2018 Retrieved December 16 2020 Honorary Degree Recipients Spring 2016 McGill University Archived from the original on December 29 2019 Retrieved December 16 2020 Chief Justice of Canada to receive honorary degree from Lethbridge College Lethbridge College March 9 2017 Archived from the original on December 16 2020 Retrieved December 16 2020 Convocation Fall 2017 PDF Memorial University of Newfoundland Archived PDF from the original on November 7 2017 Retrieved December 15 2020 The Right Honourable Beverley McLachlin University of Ontario Institute of Technology Archived from the original on September 1 2020 Retrieved December 16 2020 Governing Body www heraldry ca Retrieved August 8 2022 Honorary Fellows American College of Trial Lawyers Archived from the original on August 9 2020 Retrieved December 16 2020 Further reading editErb Marsha C Summer 2020 A Remarkable Journey to the Centre Chair Judicature 104 2 Archived from the original on March 9 2021 Retrieved March 9 2021 Fine Sean January 12 2018 How Beverley McLachlin found her bliss Where she came from and what she leaves behind The Globe and Mail Retrieved July 12 2021 Sean Fine talks to the recently retired Supreme Court chief justice and weighs the impact of the legal architecture she helped set in place Smith C Lynn 1996 Beverley McLachlin In Salokar Rebecca Mae Volcansek Mary L eds Women in Law A Bio Bibliographical Sourcebook Greenwood Press pp 159 170 ISBN 978 1 4294 7634 8 OCLC 70764020 External links editSupreme Court of Canada biographyLegal officesPreceded byNone Non Permanent Judge of the Court of Final Appeal of Hong Kong2018 present IncumbentOrder of precedencePreceded byStephen Harperas Former Prime Minister Order of Precedence of Canadaas Former Chief Justice Succeeded byGeorge Fureyas Speaker of the Senate of Canada Retrieved from https en wikipedia org w index php title Beverley McLachlin amp oldid 1185120637, wikipedia, wiki, book, books, library,

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