University of New Brunswick Law Journal

The University of New Brunswick Law School publishes the University of New Brunswick Law Journal annually. Founded in 1947, this peer-reviewed journal covers the topic of law, specifically legal issues, problems and philosophies.

Articles from Vol. 61, December

Evolutionary Analysis: Originalism and the Impact of Interpretive Theory
INTRODUCTION Ivan Cleveland Rand changed the shape of Canadian law. Owing to judgments that he rendered as a justice of the Supreme Court of Canada, Justice Rand has been praised as "Canada's greatest civil libertarian in an era when our constitutional...
Ivan Rand's Ancient Constitutionalism
I. INTRODUCTION Few names loom larger in the history of Canadian law than Ivan Rand. The late Supreme Court of Canada Justice, law dean, lawyer, politician, and Royal Commissioner was, according to E. M. Pollock's 1979 biographical piece, "destined...
Justice Ivan Rand and the Role of a Judge in the Nation's Highest Court
INTRODUCTION What is the proper role for the judiciary in the governance of a country? This must be the most fundamental question when the work of judges is examined. It is a constitutional question. Naturally, the judicial role or, more specifically,...
Justice Rand's Biography: Reflections and Recollections
Some twenty years ago, I learned that William Kaplan was embarking on the task of writing a biography of Mr. Justice Rand, (1) one of the most accomplished judges ever to sit on the Supreme Court of Canada, and certainly far and away the strongest...
Justice Rand's Commercial Law Legacy: Contracts and Bankruptcy Policies
An article on Justice Rand's commercial law jurisprudence provides a number of challenges. Much has been made of his contributions in constitutional law and the impact of "policy considerations" on freedoms of speech and religion. (1) His voice, it...
Making Historical Sense of the Law: Ivan Rand at the Supreme Court of Canada, 1943-1959
A brilliant legal mind: that is the unanimous judgment in print about Ivan Cleveland Rand. This should make all judges and lawyers eager to emulate him and all legal historians skeptical. What could Rand possibly have written, said and done that so...
Rand on Conflict of Laws: An Independent Voice
INTRODUCTION In 1909, at twenty-five years of age, Ivan Rand commenced studies at Harvard Law School, perhaps then the only place for the study of Conflict of Laws (also known as Private International Law). This commitment is easily traced (1) to...
Rand on Family Law: Wives and Mothers at Mid-Century
In Rand's oeuvre of nearly six hundred judgments, a mere twenty or so fall within the domain of family law. This is not surprising when one considers that the 1940s and 50s were not particularly active times for litigation, reform or evolution in Canadian...
Rand on Insurance: Strict Reading and the Individual
Ivan Cleveland Rand was once described as "one of the most outstanding legal minds ever to come out of the Maritimes" (1) and, so dominant was his presence at the Supreme Court of Canada, that the 1950s were described as "the Rand years." (2) His opinions...
The Many Facets of Cook V. Lewis
1. INTRODUCTION This article explores various lessons to be drawn from Cook v. Lewis, (1) a case of seemingly lasting interest and, in so doing, will mimic the economy of exposition that is a hallmark of its reasons for decision. The case is an...
The Rand Formula Revisited: Union Security in the Charter Era
It is more than sixty years since Supreme Court of Canada Justice Ivan Rand was appointed as sole arbitrator to bring an end to the ninety-nine day Ford Windsor strike in 1945-46. (1) The interests of thousands of workers, including many returning...
The Supreme Court of Canada
INTRODUCTION From a positivist point of view, and just looking at the bare bones of a court, there isn't very much interesting to say about the Supreme Court of Canada. It's a court. In the first place, when we speak of a court I wonder if we ever...
Underlying Constitutional Principles: The Legacy of Justice Rand
So is it with freedom of speech. The Confederation Act recites the desire of the three provinces to be federally united into one Dominion "with a constitution similar in principle to that of the United Kingdom." Under that constitution, government...
"You Must Learn to See Life Steady and Whole": Ivan Cleveland Rand and Legal Education
IVAN RAND: A MAN AND HIS TIMES To understand properly Ivan Rand's views on legal education, just as to understand properly his jurisprudence, it is critical to appreciate that he was born a Victorian and came of age an Edwardian. He came to national...