Beverley McLachlin

Beverley Marian McLachlin PC CC CStJ (born September 7, 1943) is a Canadian jurist and author who served as the 17th chief justice of Canada from 2000 to 2017, the first woman to hold that position and the longest-serving chief justice in Canadian history. As chief justice, she also simultaneously served as a Deputy of the Governor General of Canada. She retired from the Supreme Court in December 2017.

"McLachlin" redirects here. For the surname, see McLachlin (surname).

The Right Honourable

Beverley McLachlin

PC CC CStJ
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
Pincher Creek, Alberta, Canada
CitizenshipCanadian
Spouse(s)
    Roderick McLachlin
    ​
    ​
    (m. 1967; died 1988)​
      Frank McArdle
      ​
      (m. 1992)​
      ChildrenAngus McLachlin (b. 1976)
      Alma materUniversity of Alberta
      ProfessionJudge

      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.

      Early life and education

      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"[1] of the Pentecostal Church.[2] 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.[3] 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.[4] Roderick McLachlin died of cancer in 1988, a few days after she was appointed chief justice of the B.C. Supreme Court.[4] In 1992, McLachlin married Frank McArdle, a lawyer and the executive director of the Canadian Superior Courts Judges Association.[4]

      Judicial career

      Canada

      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.[5] In December 1985, McLachlin was appointed to the British Columbia Court of Appeal.[5] In September 1988, McLachlin was appointed Chief Justice of the Supreme Court of British Columbia.[5] She was nominated by Brian Mulroney to be made a puisne justice to the Supreme Court of Canada on March 30, 1989.[4] On the advice of Jean Chrétien, McLachlin was appointed the chief justice of Canada on January 7, 2000.[5]

      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.[6] In her role as administrator, she gave royal assent to the Civil Marriage Act which legalized same-sex marriage nationally in Canada.[6] She relinquished that task when the governor general returned to good health in late July.

      McLachlin chairs 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.[7][8] On December 15, 2006, she was appointed a commander of the Venerable Order of Saint John.[9]

      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.[10] 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.[11][12] The International Commission of Jurists concluded that Beverly McLachlin deserved an apology from Harper, but none had been given as of July 2014.[13]

      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.[14] 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".[15] 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.[16] 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.[17]

      McLachlin retired from the Supreme Court on December 15, 2017, nine months before reaching the mandatory retirement age of 75.[18] Her successor as Chief Justice of Canada is Richard Wagner, who was nominated by Prime Minister Justin Trudeau in 2017.[19] 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.[20][21][22]

      Hong Kong

      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.[23] Her three-year appointment was approved by the Hong Kong Legislative Council,[24] and the chief executive gazetted the appointment effective July 30, 2018.[25] McLachlin's appointment was accompanied by those of Brenda Hale, also as non-permanent judge, and Andrew Cheung, as permanent judge, at the court.[26][27]

      Judicial philosophy

      McLachlin has defined judicial function as one that requires conscious objectivity, which she describes as follows:[4]

      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.[28] 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.[29] She has stated that "courts are the ultimate guardians of the rights of society, in our system of government."[30][31] She has also stated, "I think the court belongs to the Canadian people and it should reflect the Canadian people."[4]

      Jamal argues 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".[32] McLachlin has also 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".[33][34]

      Writing

      In 2018, McLachlin published a legal thriller novel titled Full Disclosure.[35] Her memoir Truth Be Told: My Journey Through Life and the Law was published in 2019, and won the Shaughnessy Cohen Prize for Political Writing in 2020.[36]

      Honorary degrees and other awards

      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.[37] 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 Columbia27 September 1990University of British ColumbiaDoctor of Laws (LL.D.)[38]
       Alberta1991University of AlbertaDoctor of Laws (LL.D.)[39]
       OntarioJune 1995University of TorontoDoctor of Laws (LL.D.)[40]
       OntarioSpring 1999York UniversityDoctor of Laws (LL.D.)[41]
       Ontario2000Law Society of Upper CanadaDoctor of Laws (LL.D.)[42]
       British Columbia2000Simon Fraser UniversityDoctor of Laws (LL.D.)[43]
       Alberta2000University of Calgary[44]
       Ontario8 June 2000Brock UniversityDoctor of Laws (LL.D.)[45]
       British ColumbiaNovember 2000University of VictoriaDoctor of Laws (LL.D.)[46]
       AlbertaSpring 2001University of LethbridgeDoctor of Laws (LL.D.)[47]
       Nova Scotia2002Mount Saint Vincent UniversityDoctor of Humane Letters (DHL)[48]
       Prince Edward Island2002University of Prince Edward IslandDoctor of Laws (LL.D.) [49]
       Quebec2003Université de MontréalDoctorate [50]
       Nova Scotia2004Dalhousie UniversityDoctor of Laws (LL.D.)[51]
      Northern Ireland2004Queen's University BelfastDoctor of Laws (LL.D.)[52]
       Manitoba27 May 2004University of ManitobaDoctor of Laws (LL.D.)[53]
       Ontario14 November 2004Carleton UniversityDoctor of Laws (LL.D.)[54]
       Maine7 May 2005University of Maine at Fort KentDoctor of Humane Letters (DHL)[55]
       Philippines2006Ateneo de Manila UniversityDoctor of Laws (LL.D.)[56]
       Ontario18 June 2010University of WindsorDoctor of Civil Law (DCL)[57]
       Ontario2010Ryerson UniversityDoctor of Laws (LL.D.)[58]
       Nova Scotia2010Cape Breton UniversityDoctor of Laws (LL.D.)[59]
       Ontario2011Queen's UniversityDoctor of Laws (LL.D.)[60]
       QuebecJune 2011Concordia UniversityDoctor of Laws (LL.D.)[61]
       Ontario26 October 2012University of Western OntarioDoctor of Civil Law (DCL)[62]
       Ontario2012Lakehead UniversityDoctor of Laws (LL.D.)[63]
       Scotland2014University of EdinburghDoctorate[64]
       Quebec2015Bishop's UniversityDoctor of Civil Law (DCL)[65]
       Ontario31 May 2016Laurentian UniversityDoctor of Laws (LL.D.)[66]
       Quebec1 June 2016McGill UniversityDoctor of Laws (LL.D.)[67]
       Alberta28 April 2017Lethbridge CollegeBachelor of Applied Arts[68]
       Newfoundland and Labrador19 October 2017Memorial University of NewfoundlandDoctor of Laws (LL.D.) [69]
       Ontario2019University of Ontario Institute of TechnologyDoctor of Laws (LL.D.)[70]

      Memberships and fellowships
      Country Date Organisation Position
       United States of AmericaAmerican College of Trial LawyersHonorary Fellow[71]
      This list is incomplete; you can help by adding missing items with reliable sources.

      See also

      Selected publications

      Books
      • McLachlin, Beverley M.; Wallace, Wilfred J. (1987). The Canadian Law of Architecture and Engineering. Toronto: Butterworths. ISBN 9780433391609.
      • McLachlin, Beverley (2018). Full Disclosure. Toronto: Simon & Schuster Canada. ISBN 9781501172793.
      • McLachlin, Beverley (2019). Truth Be Told: My Journey Through Life and the Law. Toronto: Simon & Schuster Canada. ISBN 9781982104986.

      Articles

      References
      1. Slayton, Philip (April 11, 2011). Mighty Judgment: How the Supreme Court of Canada Runs Your Life. Penguin Books. p. 145. ISBN 9780143180517.
      2. 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.
      3. 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.
      4. 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.
      5. "Beverley McLachlin". Supreme Court of Canada. July 6, 2018. Archived from the original on July 22, 2018. Retrieved January 14, 2020.
      6. 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.
      7. "Canada Gazette Part I" (PDF). Gazette.gc.ca. Archived from the original (PDF) on May 22, 2013. Retrieved February 17, 2016.
      8. "La France décore 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.
      9. "Canada Gazette Part I" (PDF). Gazette.gc.ca. Archived from the original (PDF) on May 22, 2013. Retrieved February 17, 2016.
      10. "News Release". Supreme Court of Canada. February 5, 2014. Archived from the original on July 2, 2015. Retrieved February 17, 2016.
      11. 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.
      12. 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.
      13. 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.
      14. 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.
      15. 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.
      16. 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.
      17. 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.
      18. 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.
      19. "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.
      20. 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.
      21. "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.
      22. "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.
      23. 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.
      24. 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.
      25. "Hong Kong Gazette Notice GN5815/2018" (PDF). Archived (PDF) from the original on September 4, 2018. Retrieved September 3, 2018.
      26. "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.
      27. 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.
      28. Makin, Kirk; Yarhi, Eli (July 3, 2018). "Beverley McLachlin". The Canadian Encyclopedia. Archived from the original on October 7, 2020. Retrieved December 15, 2020.
      29. 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.
      30. 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.
      31. 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.
      32. 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.
      33. 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.
      34. McLachlin, Beverley (June 3, 2004). Judging in a Democratic State (Speech). Archived from the original on October 23, 2020. Retrieved December 15, 2020.
      35. 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.
      36. "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.
      37. "Governance". Massey College. Archived from the original on November 2, 2020. Retrieved December 16, 2020.
      38. "UBC Archives - Honorary Degree Citations - 1989-1991". University of British Columbia. Archived from the original on March 3, 2016. Retrieved February 17, 2016.
      39. "Past Honorary Degree Recipients". University of Alberta. Archived from the original on October 23, 2020. Retrieved December 16, 2020.
      40. "Honorary Degree Recipients" (PDF). University of Toronto. p. 24. Archived (PDF) from the original on December 16, 2020. Retrieved December 15, 2020.
      41. "Honorary Degree Recipients". York University. Archived from the original on March 18, 2015. Retrieved February 17, 2016.
      42. "Honorary LLD". Law Society of Ontario. Archived from the original on August 3, 2020. Retrieved December 14, 2020.
      43. "Honorary Degree Recipients to 2020" (PDF). Simon Fraser University. Archived (PDF) from the original on September 2, 2020. Retrieved December 16, 2020.
      44. "Honorary Degree Recipients (November 2019)" (PDF). University of Calgary. Archived (PDF) from the original on October 22, 2020. Retrieved December 15, 2020.
      45. "Brock University Honorary Degree and Award Recipients" (PDF). Brock University. Archived (PDF) from the original on December 16, 2020. Retrieved December 15, 2020.
      46. "Honorary degree recipients". University of Victoria. December 8, 2020. Archived from the original on July 26, 2020. Retrieved December 15, 2020.
      47. "Honorary Degree Recipients" (PDF). University of Lethbridge. Archived (PDF) from the original on March 20, 2020. Retrieved December 15, 2020.
      48. "Doctor of Humane Letters, honoris causa (DHumL)". Archived from the original on October 30, 2020. Retrieved December 15, 2020.
      49. "Past Honorary Degree Recipients". University of Prince Edward Island. Archived from the original on October 24, 2020. Retrieved December 15, 2020.
      50. "Honorary doctorates". Université de Montréal. Archived from the original on February 12, 2018. Retrieved December 15, 2020.
      51. "2000 ‑ 2009 Honorary Degree Recipients". Dalhousie University. Archived from the original on April 9, 2019. Retrieved December 15, 2020.
      52. "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.
      53. "Honorary Degree recipients". University of Manitoba. Archived from the original on November 16, 2020. Retrieved December 15, 2020.
      54. "Honorary Degrees Awarded Since 1954". Carleton University. Archived from the original on October 1, 2020. Retrieved December 15, 2020.
      55. "Past Commencement Speakers". University of Maine at Fort Kent. Archived from the original on August 10, 2020. Retrieved December 16, 2020.
      56. "Honorary Degree". Ateneo de Manila University. Archived from the original on May 5, 2015. Retrieved December 15, 2020.
      57. "Honorary Degrees Conferred" (PDF). University of Windsor. Archived (PDF) from the original on December 16, 2020. Retrieved December 15, 2020.
      58. "Ryerson Honorary Doctorates and Fellowships". Ryerson University. Archived from the original on November 9, 2020. Retrieved December 16, 2020.
      59. "The Right Honourable Beverley McLachlin". Cape Breton University. Archived from the original on October 21, 2020. Retrieved December 16, 2020.
      60. "Honorary Degrees" (PDF). Archived from the original (PDF) on April 27, 2015. Retrieved May 1, 2015.
      61. "Honorary degree citation - Beverley McLachlin". Concordia University. Archived from the original on December 16, 2020. Retrieved December 16, 2020.
      62. "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.
      63. "Past Honorary Degree Recipients". Lakehead University. Archived from the original on October 18, 2020. Retrieved December 16, 2020.
      64. "Honorary graduate details". University of Edinburgh. Archived from the original on March 4, 2016. Retrieved December 16, 2020.
      65. "2018-2019 Donald Lecture Series". Bishop's University. September 11, 2019. Retrieved December 16, 2020.
      66. "Six distinguished Canadians to receive Honorary Doctorates". Laurentian University. Archived from the original on June 19, 2018. Retrieved December 16, 2020.
      67. "Honorary Degree Recipients - Spring 2016". McGill University. Archived from the original on December 29, 2019. Retrieved December 16, 2020.
      68. "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.
      69. "Convocation - Fall 2017" (PDF). Memorial University of Newfoundland. Archived (PDF) from the original on November 7, 2017. Retrieved December 15, 2020.
      70. "The Right Honourable Beverley McLachlin". University of Ontario Institute of Technology. Archived from the original on September 1, 2020. Retrieved December 16, 2020.
      71. "Honorary Fellows". American College of Trial Lawyers. Archived from the original on August 9, 2020. Retrieved December 16, 2020.

      Further reading
      Order of precedence
      Preceded by
      Stephen Harper
      as Former Prime Minister      		 Order of Precedence of Canada
      as Former Chief Justice      		 Succeeded by
      George Furey
      as Speaker of the Senate of Canada
      This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.