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The Osgoode Society For Canadian Legal History

ANNUAL REPORT 2012

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THE SEAL OF THE SOCIETY, REPRODUCED ON

THE COVER OF THIS REPORT, REFLECTS AN

ELEMENT OF THE ARMS OF JOHN BEVERLEY

ROBINSON FROM WHOM THE LAND ON WHICH

OSGOODE HALL IS BUILT WAS PURCHASED BY

THE LAW SOCIETY OF UPPER CANADA IN 1829.

The Osgoode Society For Canadian Legal History

OSGOODE HALL

130 QUEEN STREET WEST

TORONTO, ONTARIO. M5H 2N6

TELEPHONE - 416-947-3321

FAX NO. - 416-947-3447

E-MAIL - [email protected]

WEBSITE - osgoodesociety.ca

IT IS IMPORTANT THAT THE SOCIETY BE

INFORMED PROMPTLY OF ANY CHANGE OF

A MEMBER’S ADDRESS.

PHOTO CREDIT: THE TORONTO STAR/B. SPREMO, C.M.

Introduction

THE OSGOODE SOCIETY WAS INCORPORATED IN MAY OF

1979. IN 1993 IT BECAME THE OSGOODE SOCIETY FOR

CANADIAN LEGAL HISTORY. FOUNDED AT THE INITIATIVE

OF R. ROY MCMURTRY, A FORMER ATTORNEY GENERAL AND

CHIEF JUSTICE OF ONTARIO, AND OFFICIALS OF THE LAW

SOCIETY OF UPPER CANADA, ITS PURPOSE IS TO STUDY AND

PROMOTE PUBLIC INTEREST IN THE HISTORY OF THE LAW,

THE LEGAL PROFESSION AND THE JUDICIARY IN ONTARIO

AND ELSEWHERE IN CANADA AND TO STIMULATE

RESEARCH AND PUBLICATION ON THESE SUBJECTS.

AMONG THE SOCIETY'S ACTIVITIES ARE ITS

PUBLICATIONS PROGRAMME, AN ORAL HISTORY

PROGRAMME, AND A RESEARCH SUPPORT PROGRAMME TO

ASSIST SCHOLARS DOING RESEARCH IN CANADIAN LEGAL

HISTORY. THE SOCIETY'S INTENTION IS THAT ITS ANNUAL

PUBLICATION WILL BE FUNDED BY MEMBERSHIP FEES. THE

CONTINUATION OF RELATED EFFORTS WILL DEPEND

PRIMARILY ON SUPPORT FROM THE LAW FOUNDATION OF

ONTARIO AND FROM PATRONS, BENEFACTORS AND

SUSTAINING MEMBERS.


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In early February of this year our members’ bookfor 2012, Arming and Disarming: A History of GunControl in Canada, was the subject of an extensivediscussion on the Radio-Canada show MediumLarge. Francis Langlois, a history professor at theCégep de Trois-Rivieres, discussed the book indetail, and gave it high praise as an exemplary pieceof scholarship and the definitive study of the topicin Canada. Arming and Disarming has also beenfeatured in a number of other media stories acrossthe country, and received an excellent review in theLiterary Review of Canada. All of this suggests tome that the Osgoode Society is doing exactly what itis supposed to do – publishing first-rate scholarlywork which attracts the interest not just of the legalprofession and the academic world, but of a broaderreading audience wanting a deeper knowledge ofour national legal history and the ways in which thathistory continues into and shapes our current world.

In 2012 our publication programme produced anadditional three first class books (discussed below),rich in their variety of topics and regions and ofexemplary scholarly quality. One of those books,Hunger, Horses and Government Men, has beenshort-listed for the Canadian HistoricalAssociation’s Sir John A. Macdonald Prize for 2012,given for the best book in Canadian history. Mywork as editor-in-chief on this part of our mandatehas been greatly assisted by our Associate Editor,Professor Philip Girard, who has recently re-located

Editor’s Report

to Osgoode Hall Law School from Dalhousie. Andwe have lots more to come – see the discussionbelow of our 2013 books, led by the Memoirs andReflections of R. Roy McMurtry.

The oral history programme, our other principalactivity, also continues on a steady course. We havenow interviewed almost 600 people, and are alwaysreceptive to members’ suggestions about who weshould include. In addition to interviewingprominent members of the profession on our ownbehalf, we are continuing with co-operative ventureswith the judges of the Ontario Court of Justice andthe Advocates Society, and with our ‘Main Streetnot Bay Street’ initiative.

Members should also check out our newwebsite, which allows memberships and books to bepurchased on-line. Like all such ventures it is awork in progress, and in particular, now that the siteis up and running, we will be rapidly expanding ournew information resource on the site, theEncyclopedia of Canadian Legal History. Check usout at www.osgoodesociety.ca.

I look forward to another successful year,working with our President, Roy McMurtry,Associate Editor Philip Girard and the dedicatedBoard of Directors. Our administrator MarilynMacFarlane is invaluable in supporting all the workwe do and in running the organisation with superbskill and dedication.

The Publishing Programme

In 2012 The Society published four books.

ANNUAL BOOK

Arming and Disarming: A History of Gun Controlin Canada, by R. Blake Brown, Professor ofHistory, St Mary’s University.

Although we may think of it as only a contemporaryconcern, at many times in our history Canadiangovernments have evinced concern about gunownership and use. In the first comprehensivehistory of the subject, Blake Brown looks at gun use

and regulation from the early periods of Europeansettlement to the controversy over the gun registry.He shows that rural and urban Canadians havealways had very different views about firearms.He also demonstrates that our governments’ attitudestowards guns have been complex. At different timesgovernments sought to restrict certain types of guns,or to restrict gun ownership among certain peopleand in certain locales. On other occasionsgovernments encouraged gun ownership, seeing it asa manly pursuit useful for training citizens to be wellversed in the practice of using firearms.


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OPTIONAL EXTRAS

We offered members three optional extras.

1. Property on Trial: Canadian Cases inContext, edited by Eric Tucker, Professor,Osgoode Hall Law School, Bruce Ziff and JamesMuir, Professors, University of Alberta LawSchool.

This is another volume examining importantCanadian cases by exploring their social, political and economic background, similar to Workon Trial (2010) and Race, Rights and Law in theSupreme Court of Canada (1997). The volume takesus from the Newfoundland seal hunt in thenineteenth century to Quebec nuisance law, and tomore recent controversies involving restrictivecovenants (Galbraith v. Madawaska Club), pollution (KVP), picketing (the Toronto EatonCentre cases), economic regulation (ManitobaFisheries), the theft of information (R. v. Stewart),and land use regulation (CPR v. Vancouver).

2. Hunger, Horses, and Government Men:Criminal Law on the Aboriginal Plains, 1870-1905, by Professor Shelley Gavigan, OsgoodeHall Law School.

Professor Gavigan examines the introduction ofCanadian criminal law and criminal justiceinstitutions in the old North West (present daySaskatchewan and Alberta) after its acquisition byCanada in 1870. Using newspapers, penitentiaryrecords, Indian department files, and, principally,the records of stipendiary magistrates, she shows thelaw’s impact on the aboriginal peoples of the west,as well as their use of it in coming to terms with thenew political reality.

3. The African-Canadian Legal Odyssey:Historical Essays, edited by Professor BarringtonWalker, Department of History, QueensUniversity.

This collection of original and republished essayssurveys the historical experience of black Canadiansand the law. It includes accounts of black legalpioneers, Canadian slave law, case studies of‘private’ discrimination, and criminal law cases. The

volume includes an extensive introduction by theeditor which summarises our knowledge of theblack experience and suggests avenues for futureresearch.

IF YOU WISH TO RECEIVE any of the abovebooks, please contact our offices, or visit ourwebsite – osgoodesociety.ca – and order on line.

Book Reception

A reception was held at Osgoode Hall, Toronto, onNovember 15th, 2012 to launch the Society’s 2012books.

2013 Publications

ANNUAL BOOK

Memoirs and Reflections, by Roy McMurtrypublished by the University of Toronto Press.

In addition to his most important accomplishment,the founding of the Osgoode Society, RoyMcMurtry recounts and reflects on his years as acriminal defence lawyer, attorney-general ofOntario, High Commissioner to the UK, and ChiefJustice of Ontario, and his involvements in manyother events and causes. Along the way we aregiven insights into the patriation of the Constitution,the end of apartheid in South Africa, the DubinInquiry, and other milestones. This book is a greatread, a modern legal history of Canada and Ontario,and a compelling story of a life well lived.

ALL MEMBERS RECEIVE THIS BOOK AT NOEXTRA CHARGE.

OPTIONAL EXTRAS

1. Lawyers, Families, and Businesses: TheShaping of a Bay Street Law Firm, Faskens, 1863-1963, by C. Ian Kyer, Lawyer and Historian,published by Irwin Law.

Ian Kyer has combined his historical and legalexpertise to produce a comprehensive account of thefirst century of Faskens. He takes us through crucial


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stages in the development of not just this but manyother Canadian law firms – alliances with business,the growth of two or three man partnerships intoconsiderably larger firms, and the links betweenleading firms and politics. Along the way we seehow law practice changed, how remuneration wasdivided up, how strong leaders stamped theirindividual personalities on the collective identity ofthe firm. This is a major contribution to ourunderstanding of the seismic changes in Canadianlaw practice.

2. The Massey Murder: A Maid, Her Master andthe Trial that Shocked a Nation, by CharlotteGray, Independent Historian, published byHarper Collins.

In 1915 Carrie Davies, an 18-year old servant girl inthe home of Charles (Bert) Massey, scion of thefamous Massey family, shot and killed her employeras he entered his house after work. Remarkably, shewas acquitted, and award winning popular historianCharlotte Gray explains how this happened. Vividlyrecreating the war time atmosphere, a press war, andconflicts over crime and gender, she highlights therole played by the defence lawyer who exploited the“unwritten law” of an honour killing in a rareCanadian case of jury nullification.

3. Essays in the History of Canadian Law –Volume XI: The Canadas, edited by G. BlaineBaker, Emeritus Professor Law, McGillUniversity, and Donald Fyson, Professor ofHistory, Laval University. Published by theUniversity of Toronto Press.

This latest volume in the Essays in the History ofCanadian Law series, with which we launched ourpublishing programme in 1981, is the first devoted tocentral Canada - what is now Ontario and Quebecbefore Confederation. Anchored by a comprehensiveintroduction exploring the main themes of the legalhistory of the region, a group of distinguishedhistorians from have contributed 11 substantiveessays (three in French), on subjects as varied aswomen in court, grand juries, western law andaboriginal peoples, gun use and control, Quebec

legal literature, married women’s property, andimprisonment for debt.

IF YOU WISH TO RECEIVE any of the optionalextras, please indicate so on the attached form, andyou will be billed when it appears.

Books Previously Published

2012 Arming and Disarming: A History of GunControl in Canada, R. Blake Brown

Property on Trial: Canadian Cases in Context,edited by Eric Tucker, Bruce Ziff and James Muir

Hunger, Horses, and Government Men:Criminal Law on the Aboriginal Plains,1870-1905, Shelley Gavigan

The African-Canadian Legal Odyssey:Historical Essays, edited by Barrington Walker

2011 The Lazier Murder: Prince Edward County,1884, Robert J. Sharpe

Lawyers and Legal Culture in British NorthAmerica: Beamish Murdoch of Halifax, PhilipGirard

Dewigged, Bothered and Bewildered: BritishColonial Judges on Trial, John McLaren

Westward Bound: Sex, Violence, the Law, andthe Making of a Settler Society, Lesley Erickson

2010 Work on Trial: Canadian Labour LawStruggles, edited by Judy Fudge and Eric Tucker

A History of the British Columbia Court ofAppeal, Christopher Moore

Viscount Haldane:Wicked Stepfather of theCanadian Constitution, Frederick Vaughan

Race on Trial: Black Defendants in Ontario'sCriminal Courts, 1850-1950, Barrington Walker

2009 Canadian Maverick: The Life and Times of IvanC. Rand, William Kaplan

A Trying Question: The Jury in NineteenthCentre Canada, R. Blake Brown

Canadian State Trials, Vol. III, Political Trialsand Security Measures, 1840-1914, edited byBarry Wright & Susan Binnie

The Last Day, the Last Hour: The Currie LibelTrial, Robert J. Sharpe (2nd edition- originallypublished in 1988)

2008 Carnal Crimes: Sexual Assault Law in Canada,1900-1975, Constance Backhouse

Essays in the History of Canadian Law, Vol. X:A Tribute to Peter N. Oliver, edited by JimPhillips, R. Roy McMurtry and John Saywell


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The Law of the Land: The Advent of theTorrens System in Canada, Greg Taylor

The Grand Experiment: Law and Legal Culturein British Settler Societies, edited by HamarFoster, Benjamin Berger, A.R. Buck

2007 The Persons Case: The Origins and Legacy ofthe Fight for Legal Personhood, Robert J. Sharpeand Patricia McMahon

Misconceptions: Unmarried Motherhood andthe Children of Unmarried Parents Act, LoriChambers

The Alberta Supreme Court at 100: History &Authority, edited by Jonathan Swainger

My Life in Crime and Other AcademicAdventures, Martin Friedland

2006 Magistrates, Police & People: EverydayCriminal Justice in Quebec and Lower Canada,1764-1837 Donald Fyson

The Court of Queen’s Bench of Manitoba1870-1950: A Biographical History, Dale Brawn

R.C.B. Risk, A History of Canadian LegalThought: Collected Essays, edited and introducedby G.Blaine Baker and Jim Phillips

2005 Bora Laskin: Bringing Law to Life, Philip GirardIn Search of Justice: An Autobiography, FredKaufman

Essays in the History of Canadian Law, Vol. IX,Two Islands: Newfoundland & PEI, edited byChristopher English

2004 Osgoode Hall: An Illustrated History, JohnHonsberger

Aggressive in Pursuit: The Life of JusticeEmmett Hall, Frederick Vaughan

The Heiress vs. The Establishment:Mrs. Campbell’s Campaign for Legal Justice,Constance Backhouse and Nancy Backhouse

The Supreme Court of Nova Scotia, 1754-2004:From Imperial Bastion to Provincial Oracle,edited by Philip Girard, Jim Phillips & Barry Cahill

2003 Brian Dickson: A Judge’s Journey, Robert Sharpeand Kent Roach

The Conventional Man: The Diaries of OntarioChief Justice Robert A Harrison, 1856-1878,edited with an introduction by Peter Oliver

John J. Robinette, Peerless Mentor: AnAppreciation, George D. Finlayson

Rule of the Admirals: Law, Custom, and NavalGovernment in Newfoundland, 1699-1832, JerryBannister

2002 The Law Makers: Judicial Power and theShaping of Canadian Federalism, John T.Saywell

Colonial Justice: Justice, Morality and Crime inthe Niagara District, 1791-1849, David Murray

Canadian State Trials, Volume Two: Rebellionand Invasion in the Canadas, 1837-8, edited byF. Murray Greenwood and Barry Wright

Courted and Abandoned: Seduction inCanadian Law, Patrick Brode

2001 Judging Bertha Wilson: Law as Large as Life,Ellen Anderson

Labour Before the Law: Collective Action inCanada, 1900-1945, Judy Fudge and EricTucker

Renegade Lawyer: The Life of J.L. Cohen,Laurel Sefton MacDowell

2000 ‘The Thousandth Man’: A Biography of JamesMcGregor Stewart, Barry Cahill

The Spinster and the Prophet: Florence Deeks,H.G. Wells, and the Mystery of the PurloinedPast, A.B. McKillop

Uncertain Justice: Canadian Women andCapital Punishment, Beverley Boissery andF. Murray Greenwood

Unforeseen Legacies: Reuben Wells Leonardand the Leonard Foundation Trust, Bruce Ziff.

1999 Colour-Coded: A Legal History of Racism inCanada, 1900-50, Constance Backhouse

Essays in the History of Canadian Law, Vol.VIII, In Honour of R.C.B. Risk, edited byG. Blaine Baker and Jim Phillips

Chief Justice W.R. Jackett: By the Law of theLand, Richard Pound

Fulfilment: Memoirs of a Criminal Court Judge,David Vanek

1998 White Man’s Law: Native People in Nineteenth-Century Canadian Jurisprudence, SidneyHarring

‘Terror to Evil-Doers’: Prisons and Punishmentsin Nineteenth-Century Ontario, Peter Oliver

1997 ‘Race’, Rights and the Law in the SupremeCourt of Canada: Historical Case Studies, JamesW. St.G. Walker

Married Women and Property Law in VictorianOntario, Lori Chambers

Casual Slaughters and Accidental Judgments:Canadian War Crimes and Prosecutions,1944-48, Patrick Brode

The Federal Court of Canada: A History,1875-1992, Ian Bushnell


1996 Essays in the History of Canadian Law, Vol. VII,Inside the Law: Canadian Law Firms inHistorical Perspective, edited by Carol Wilton

Bad Judgment: The Case of Mr. Justice LeoLandreville, William Kaplan

Canadian State Trials, Vol. I, Law, Politics andSecurity Measures 1608-1837, edited byF. Murray Greenwood and Barry Wright

1995 Just Lawyers: Seven Portraits, David R.Williams

Northern Justice: The Memoirs of Mr. JusticeWilliam G. Morrow, edited by W.H. Morrow

Essays in the History of Canadian Law, Vol. VI,British Columbia and the Yukon, edited byHamar Foster and John McLaren

A Deep Sense of Wrong: The Treason, Trials,and Transportation to New South Wales ofLower Canadian Rebels After the 1838Rebellion, Beverley Boissery

1994 A Passion for Justice: The Legacy of JamesChalmers McRuer, Patrick Boyer

Essays in the History of Canadian Law, Vol. V.,Crime and Criminal Justice, edited by JimPhillips, Tina Loo & Susan Lewthwaite

The Life and Times of Arthur Maloney, TheLast of the Tribunes, Charles Pullen (out of print)

The Politics of Codification: The LowerCanadian Civil Code of 1866, Brian Young

1993 Legacies of Fear: Law and Politics in Quebec inthe Era of the French Revolution, F. MurrayGreenwood

Policing Canada’s Century: A History of theCanadian Association of Chiefs of Police, GregMarquis

1992 Speedy Justice: The Tragic Last Voyage of HisMajesty’s Vessel Speedy, Brendan O’Brien

Provincial Justice: Upper Canadian LegalPortraits from the Dictionary of CanadianBiography, edited by Robert Fraser

1991 Petticoats and Prejudice: Women and Law inNineteenth-Century Canada, Constance

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Backhouse1990 Essays in the History of Canadian Law, Vol. III,

Nova Scotia, edited by Philip Girard and JimPhillips (Now available in paperback)

Essays in the History of Canadian Law, Vol. IV,Beyond the Law, Lawyers and Business inCanada 1830-1930, edited by Carol Wilton

1989 The Genesis of the Canadian Criminal Code of1892, Desmond Brown

The Odyssey of John Anderson, Patrick Brode

1988 Middleton: The Beloved Judge, John Arnup

See also 2009

1987 The Fiercest Debate: Cecil A. Wright, theBenchers and Legal Education in Ontario,1923-1957, C. Ian Kyer and Jerome Bickenbach

1986 Mr. Attorney: The Attorney General for Ontarioin Court, Cabinet and Legislature, 1791-1899,Paul Romney

The Case of Valentine Shortis: A True Story ofCrime and Politics in Canada, Martin Friedland

1985 The Supreme Court of Canada: History of theInstitution, James Snell and Frederick Vaughan

1984 Sir John Beverley Robinson: Bone and Sinew ofthe Compact, Patrick Brode

Duff, A Life in the Law, David R. Williams(out of print)

1983 Essays in the History of Canadian Law, Vol. II,edited by David H. Flaherty (Now available inpaperback)

1982 Cornerstones of Order: Courthouses and TownHalls of Ontario, 1784-1914, Marion MacRae &Anthony Adamson

1981 Essays in the History of Canadian Law, Vol. I,edited by David H. Flaherty

Please note

You may choose any fifteen books for $300.00 (incl. GST). For individual volumes or for sets please contact The Society.


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Patrons and Benefactors of the Society

We are most grateful to our Patrons and Benefactorswhose generous support made many of our effortspossible.

Patrons:Blake, Cassels & Graydon LLPGowlings LLPThe Law Foundation of OntarioLax O’Sullivan Scott Lisus LLPMcCarthy Tétrault LLPOsler, Hoskin & Harcourt LLPPaliare Roland Rosenberg Rotherstein LLPTorkin Manes LLPTorys LLP WeirFoulds LLP

A “Patrons Page” is included in each of ourpublications. Additional Patrons and Benefactorsare most welcome. Patrons contribute between$2,500.00 and $5,000.00; Benefactors $1,000.00 to$2,499.00. We also have a category “CorporateSustaining members” which is $500.00. Forinformation about charitable receipts, please contactour office.

The seventeenth Annual Patrons’ Dinner washeld on May 16th, 2012 at Osgoode Hall in theBenchers’ Dining Room. The dinner was hosted byLaurie Pawlitza, Treasurer of the Law Society ofUpper Canada, and chaired by R. Roy McMurtry,President of the Society. The purpose of the dinneris to honour Society Patrons whose generositymakes possible the continuation of much of theSociety’s work, including the publication of optionalextras. The Osgoode Society thanks the LawSociety of Upper Canada for hosting and sponsoringthe Patrons’ Dinner.

The Stuart Thom Fund

In 1998, following receiptof two generous gifts fromthe estates of Stuart Thomand his wife, Lian, theOsgoode Societyestablished the Stuart ThomFund. In 1999 and 2000further grants from theThom estates totalling

$50,000.00, brought the total contribution to$100,000.00. This generosity, unequalled amongour personal donors, will go a considerable distanceto help ensure that the Osgoode Society is able tocarry on its work for many years to come. Detailsabout the current state of the Fund are presented inour Financial Statements.

The Society hopes that other possiblebenefactors may see fit to follow this example andto remember the Society in their estate planning.All donations and bequests will receive charitablereceipts for income tax purposes.

Membership

2012 2011

Student 74 64Ordinary 495 580Ind. Sustaining 157 169Corp. Sustaining 1 1Life 1 1

728 815


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Individual Sustaining MembersMr. G. Chalmers AdamsProf. D. T. AndersonDr. Philip AnismanThe Hon. Robert ArmstrongProf. Dennis Baker Prof. Jane BanfieldMr. Thomas BastedoMr. Paul BatesThe Hon. Douglas BeanProf. Jamie BenidicksonThe Hon. Kenneth BinksThe Hon. Susan BinnieMs. Sonia BjorkquistThe Hon. Robert BlairMs. Sheila BlockMr. Ian BlueMr. Brian Blumenthal Mr. Justice. David BrownMr. Tom Carey The Hon. James ChadwickMr. Steven ChaplinMr. Earl Cherniak Mrs. Beverley ChernosMr. David Chernos Mr. John H.C. Clarry The Hon. Alan Cooper Mr. Jeff CowanMr. Stephen Coxford Prof. Paul Craven The Hon. James C. Crawford The Hon. Maurice CullityMr. Lyle Curran Mr. Rhys Davies Sir Graham Day Mr. Sean Dewart The Hon. Antonio Di ZioMr. J. Daniel Dooley Mr. Justice Edward DucharmeMr. Justice Thomas Dunn Ms. Mary EbertsProf. Bruce ElmanMr. Robert EnglandMr. Wilfred Estey Mr. J. Douglas Ewart Mr. Brian FinlayThe Hon. William FitzgeraldMr. David FlahertyThe Hon. R.J. Flinn Mr. Craig FloodMs. Violet FrenchProf. Shelley GaviganMr. Duncan W. GlaholtThe Hon. Bruce A. GlassThe Hon. Stephen Goudge

Mr. Brian GoverMr. Brian H. GreenspanMr. Edward L. Greenspan, Q.C.The Hon. Susan GreerMr. Shawn HaggertyProf. Balfour HalevyProf. Douglas HarrisHer Worship Mary Ross HendriksThe Hon. Elizabeth Heneghan The Hon. Nicole Duval HeslerMr. James A. Hodgson Prof. Peter HoggMr. John D. HonsbergerMr. William HortonMr. Peter HutchinsMs. Trisha Jackson Mr. Mahmud JamalThe Hon. Nancy Kastner The Hon. Fran Kiteley The Hon. Horace KreverThe Hon. Gary KunnasThe Hon. Gerald LaForestThe Hon. Dennis LaneMr. Robert LapperMs. Nancy Laws-LePageMs. Rosemary Legris The Hon. Patrick LeSageDr. Susan LewthwaiteMr. Ted LivingstoneMs. M. Virginia MacLeanMr. Dan MalametMr. Athar MalikMr. David ManeyMr. Elder MarquesThe Hon. Frank MarroccoThe Hon. Lauren MarshallMr. Jeremy MartinProf. John McCamusThe Hon. Hilda McKinlayThe Hon. Colin McKinnonThe Hon. Hugh R. McLeanMs. Patricia McMahonThe Hon. Roy McMurtryMr. Willson McTavishMr. W.A. Derry MillarMr. Graeme G. MitchellMs. Manon MontpetitThe Hon. John MordenMr. David Morin The Hon. Gregory MulliganThe Hon. Petra NewtonMr. Justice Dennis O’ConnorThe Hon. Ralph OttenbreitMs. Laurie H. PawlitzaMr. Wilfrid E.D. Peters


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Prof. Jim PhillipsMr. Richard Pound Mr. Robert RaizenneMr. Bert Raphael The Hon. Timothy RayThe Hon. Robert D. Reilly The Hon. Paul ReinhardtThe Hon. John RichardMr. J. Gregory RichardsMr. Joel Richler The Hon. S.L. RobinsMr. Gary RodriguesMr. William RossThe Hon. Edward SaundersMr. Paul Schabas Mr. Martin Sclisizzi The Hon. David G. ScottThe Hon. Robert SharpeMr. Wayne Shaw Mr. Donald ShortMs. Maureen SimpsonChief Justice Heather SmithMr. David SpiroThe Hon. D.R. SteeleMr.Paul Stern Mr. Dugald StewartMs. Jennifer StoddartMr. Alan Strike Mr. Harvey Strosberg Mr. Joseph J. SullivanMs. Beth SymesMr. Gerald E. TaylorThe Hon. Paul TaylorMr. Justice Edward ThenMr. David S. ThompsonProf. Eric TuckerThe Hon. Michael TullochMr. Ed UpenicksThe Hon. Ronald VealeProf. Janet WalkerMr. J.J. WardlawMr. Peter WebbMr. Jonathan WeismanMr. Brian WheatleyProf. M. WilkinsonThe Hon. Donna WilsonChief Justice Warren WinklerMr. Robert YaldenYork University, Law Library

(Several sustaining members have askedto remain anonymous)

AwardsThe Society offers or administers a number ofawards.

R. Roy McMurtry Fellowship. In 2012 we awardedthe fifth R. Roy McMurtry Fellowship in CanadianLegal History. This fellowship was created on theoccasion of the retirement as Chief Justice ofOntario of the Hon. R. Roy McMurtry. It honoursthe contribution to Canadian legal history of thefounder of the Osgoode Society for Canadian LegalHistory and its current President. The fellowshipwas established by Chief Justice McMurtry’s friendsand colleagues, and endowed by private donationsand the Law Foundation of Ontario. The fellowshipis to support graduate (preferably doctoral) studentsor those with a recently completed doctorate, toconduct research in Canadian legal history, for oneyear. The 2012 winner was Dr. Patrick Connor, whograduated with his history Ph.D. from YorkUniversity in 2012, and is working on a history ofcrime and punishment in Upper Canada.

The Osgoode Society congratulates the winner,and is delighted that the fellowship has beenawarded to such a worthy researcher.

Peter Oliver Prize. The Peter Oliver Prize inCanadian Legal History is named for the Society’sfounding editor-in-chief, and awarded annually forpublished work in Canadian legal history written bya student. Students in any discipline and at any stageof their careers are eligible. The winner for 2012was Edward Cavanaugh, a graduate student at theUniversity of Ottawa, for his article, ‘A Companywith Sovereignty and Subjects of Its Own? TheCase of the Hudson’s Bay Company, 1670-1763’;published in the Canadian Journal of Law andSociety, Vol. 26, 2011.

John T. Saywell Prize for Canadian ConstitutionalLegal History. This prize, established through thegenerosity of Professor Saywell’s son JohnMacIntosh and in recognition of Professor Saywell’slife-long commitment to the highest standards ofscholarship in Canadian history and law, is given bi-annually to the best new book in Canadian legalhistory, broadly defined, that makes an importantcontribution to an understanding of the constitutionand/or federalism..

The Saywell Prize was not awarded in 2012, itwill be awarded again in June 2013.
















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Student Book AwardThe Society in co-operation with Canadian lawschools offers an annual book award to a graduatingstudent deemed to have done excellent work in legalhistory. The Society provides one book from itsback list and a current membership, including theannual publication, to such a student in eachparticipating Canadian Law School.

Graduate Student Assistance ProgrammeThe Society continues its Graduate StudentAssistance programme intended to offer somefinancial assistance to graduate students doingresearch in Canadian legal history to travel to out-of-town archives. Applications are invited.

Research Support ProgrammeThe Society assisted three individuals with researchin 2012.

Colin Campbell, University of Western Ontario,for research into the career of J.L. Ilsley.

David Schorr, University of Tel Aviv, forresearch on the history of Canadian water law.

Rosemary Shipton, Independent editor andauthor, Toronto, for assistance with the Memoirs ofR. Roy McMurtry.

Web SiteSee Editor-in-Chief’s report.

Oral HistoryThe Society's Oral History Programme is a uniqueand invaluable source of information on all aspectsof our legal past. The interviews have been usedextensively in scholarly research and theprogramme has gained a wide reputation acrossCanada and beyond for the quality and scope of itswork. Several of our programmes are privatelyfunded, for example by law firms, judges’associations etc., and we are pleased to discusspossible sponsorship with interested parties.

We have been privileged over the past severalyears to have co-sponsored oral history programmeswith several bodies and organizations. We thankThe Advocates’ Society and The OntarioConference of Judges.

From the programme’s inception, most of theinterviews have been carried out by Christine Kates.For the past few years we have also been fortunateto be able to employ the skills of Cynthia Smith.We are now using a third interviewer, RosemaryLegris. The assistance of volunteer interviewersremains important. If you wish to act as a volunteerinterviewer, please contact the Society.

The number of legal professionals interviewedthrough the programme between 1979 and 2012totals 600 with approximately 90,000 pages oftranscript. For a complete listing of all interviewsconducted for the Osgoode Society oral historyprogramme, please contact Marilyn MacFarlane [email protected] Or consult our websitewhere you will find a chronological and alphabeticallist.

Terms of Access to the Osgoode Society CollectionAll tapes are transcribed and tapes and transcriptsare placed in the Archives of Ontario forsafekeeping. Each interviewee may close all or partof the material for a period of years and may alsomake the material available as he or she sees fit.The Osgoode Society retains copyright to thematerial. No portion of the material may bephotocopied without written permission from theOsgoode Society. The material contained in theOsgoode Society Collection is intended for legal,historical, genealogical or other worthwhileresearch. It must be used at the Archives of Ontario.For information as to use please contact either theOsgoode Society or the Archives of Ontario at416-327-1550.
















11

Directors and Annual Meeting

Meetings of the Board of Directors were held onJanuary 18, May 1, and September 18. The AnnualMeeting of Members of the Society took place onJune 26 at Osgoode Hall.

The following were unanimously elected asDirectors of the Osgoode Society: The Hon. Robert Armstrong, Court of Appeal for

OntarioThe Hon. Kenneth Binks, Low, Murchison LLPDr. Susan BinnieMr. David Chernos, Torys LLPMr. J. Doug Ewart Ms. Violet French, Torkin Manes LLPProfessor Martin Friedland, C.C., Q.C.,

Faculty of Law, University of TorontoProfessor Philip Girard, Schulich School of Law,

Dalhousie UniversityProf. William KaplanThe Hon. Horace KreverMr. C. Ian Kyer, Fasken Martineau DuMoulin LLPMs. Virginia MacLean, Q.C., Barrister & SolicitorMs. Patricia McMahon, Osler, Hoskin & Harcourt LLPThe Hon. R. Roy McMurtry, Gowlings LLPMr. Dana Pebbles, McCarthy Tetrault The Hon. Paul Perell, Superior Court of JusticeThe Hon. Paul H. Reinhardt, Ontario Court of JusticeMr. Joel Richler, Blake, Cassels & Graydon LLPMr. William Ross, WeirFoulds LLPMr. Paul Schabas, Blake, Cassels & Graydon LLPThe Hon. Robert Sharpe, Court of Appeal for OntarioMs. Mary Stokes, Legge & LeggeThe Hon. Michael Tulloch, Superior Court of Justice

(The Treasurer of The Law Society of UpperCanada, and the Attorney General for Ontario andthe Editor-in-Chief of the Osgoode Society(currently Professor Jim Phillips), are directors exofficio.)

The annual meeting was addressed by ProfessorBlake Brown on his book, Arming & Disarming.

Once again, the Directors of the Society thankthe Law Foundation of Ontario and the Law Societyof Upper Canada for their encouragement andsupport and express their gratitude to the Patrons andBenefactors of the Society and to sustainingmembers. And we thank our solicitors, Osler,Hoskin & Harcourt LLP, for their continuingguidance and advice.

The Directors welcome inquiries andsuggestions on any aspect of the work of the Society.

Osgoode Hall. May 2013

IN-DEPTHMr. G. CooliganMr. Ronald ManesProf. Jacob Ziegel

Special projectThe Hon. D. Carruthers

SPONSORED PROJECTSOntario Court of Justice History project

Mr. Justice Robert FournierMr. Justice John GetliffeMr. Justice Rommel MasseMadam Justice Petra NewtonMr. Justice David WakeHis Worship J.H. Jackson (Justice of thePeace)

The Advocates’ SocietyMr. Michael BarrackMr. Michael EizengaMs. Linda RothsteinMr. Benjamin Zarnett

In Progress

IN-DEPTHMr. Raj AnandMr. Julian FalconerMr. Paul HainesMr. Julian Porter

Markham projectMs. Martha Mingay

Treasurer’s projectMs. Laurie Pawlitza

SPONSORED PROJECTSOntario Court of Justice History project

The Hon. J. BarkThe Hon. I. Hansen The Hon. S. Nosanchuk

Completed Interviews in 2012
















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FINANCIAL STATEMENTS

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The Osgoode Society Officers

PresidentThe Hon. R. Roy McMurtry

Editor-in-ChiefJim Phillips

Associate EditorPhilip Girard

TreasurerC. Ian Kyer

Secretary & Administrator Marilyn MacFarlane

CounselOsler, Hoskin & Harcourt LLP

Board of Directors

See page 11
















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Patrons of the Society

Blake, Cassels & Graydon LLP

Gowlings

The Law Foundation of Ontario

Lax O’Sullivan Scott Lisus LLP

McCarthy Tétrault LLP

Osler, Hoskin & Harcourt LLP

Palaire Roland Rosenberg Rothstein LLP

Torkin, Manes LLP

Torys LLP

WeirFoulds LLP
















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