How Justice Rand Devised His Famous Formula and Forever Changed the Landscape of Canadian Labour Law

By Kaplan, William | University of New Brunswick Law Journal, Annual 2011 | Go to article overview

How Justice Rand Devised His Famous Formula and Forever Changed the Landscape of Canadian Labour Law


Kaplan, William, University of New Brunswick Law Journal


INTRODUCTION

It is a great pleasure to be back at the Faculty of Law of the University of New Brunswick. I spent part of my first sabbatical as a law professor here--the fall of 1992. I had an office in the law library and had an excellent time working at the provincial archives, getting to know some of the truly wonderful faculty members at this great law school and exploring New Brunswick. When former Dean La Forest invited me to be this year's Rand lecturer, I could not have been more pleased. This lecture is dedicated to a giant of a man, a great Canadian and New Brunswicker, and Ivan Rand's chief aide when he was settling the Ford Dispute: Horace Pettigrove.

Ivan Rand was my hero in law school. As a puisne judge of the Supreme Court of Canada (1943-1959) he expanded federal authority, strengthening the centre and preserving the union. But it was his great civil liberties judgments that really attracted my attention: the Japanese deportation case, Boucher, Saumur, and, of course, that truly great contribution to the common law, Roncarelli v Duplessis. (1) Together, with at least two generations of law students, I sat in the law library and read in awe as Rand acknowledged the legitimate rights of Japanese Canadians, brutalized and robbed by their government during the Second World War and threatened, at war's end, with removal to a country most of them did not even know. It was Rand who stood up for the Jehovah's Witnesses during the dark days of Maurice Duplessis's authoritarian rule in Quebec in the 1940s and 1950s when witnesses were beaten and imprisoned by Quebec authorities acting with the blessings of the Roman Catholic hierarchy for the crime of going door to door and peacefully spreading their version of the word of God. It was Rand who upheld the rule of law by calling Premier Duplessis to account for his gross abuse of power. And it was Rand, at the height of the Red Scare, who defended communists and their right to free speech. "Who is this guy?" I used to ask myself, and I resolved to find out.

He was born on 27 April 1884 in Moncton, with a caul. For hundreds of years, the birth of a veiled child--his head covered by a thin membrane, was believed to be an omen. "This boy," the attending physician prophesied, "will have a great and worthwhile life." From very modest beginnings, Ivan Cleveland Rand would build a remarkable career of professional accomplishment and success. He was valedictorian at Mount Allison. He studied law at Harvard. He participated in the opening of the Canadian west before returning to his Moncton home where he served as a reformist Attorney-General. He was Regional Counsel of Canadian National Railways before getting the top legal job, Commission Counsel, in what was, in its day, one of the most important companies in Canada. In 1943, when the Maritime seat on the Supreme Court became vacant, Rand was the choice even though it was not New Brunswick's turn.

Rand had a great and worthwhile life. At the Supreme Court of Canada, Rand, improbably perhaps, became Canada's greatest civil libertarian judge. Where other judges saw a division of powers, and then went about mechanistically attempting to define and compartmentalize it, Rand saw something special in our Constitution. Some freedoms, he wrote, are fundamental to society and are beyond the scope of legislative power. While a judge of the Supreme Court of Canada, Rand took time away from his judicial duties to serve as Canada's representative on the United Nations Special Committee on Palestine and was one of the key drafters of the majority report that led directly to the creation of the state of Israel. When he retired from the Court at age 75 in 1959, he became founding Dean of the University of Western Ontario law school, but also took time off from that assignment to study the Cape Breton coal problem. The fate of the entire population of the island, it seemed, was at stake as the coal-mining industry, propped up for years by government subventions, was in decline, if not already dead. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

How Justice Rand Devised His Famous Formula and Forever Changed the Landscape of Canadian Labour Law
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.