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Bora Laskin (October 5, 1912 – March 26, 1984) was a
Canadian Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of ...
jurist who served as the 14th
chief justice of Canada The chief justice of Canada (french: juge en chef du Canada) is the presiding judge of the nine-member Supreme Court of Canada, the highest judicial body in Canada. As such, the chief justice is the highest-ranking judge of the Canadian court s ...
from 1973 to 1984. Laskin was appointed a
puisne justice A puisne judge or puisne justice (; from french: puisné or ; , 'since, later' + , 'born', i.e. 'junior') is a dated term for an ordinary judge or a judge of lesser rank of a particular court. Use The term is used almost exclusively in common law ...
of the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
in 1970, and served on the
Ontario Court of Appeal The Court of Appeal for Ontario (frequently referred to as the Ontario Court of Appeal or ONCA) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto, also the seat of the Law Socie ...
from 1965 to 1970. Before he was named to the bench, Laskin worked as a lawyer and in academia.


Early life and family

Laskin was born in Fort William,
Ontario Ontario ( ; ) is one of the thirteen provinces and territories of Canada.Ontario is located in the geographic eastern half of Canada, but it has historically and politically been considered to be part of Central Canada. Located in Central Ca ...
(now
Thunder Bay Thunder Bay is a city in and the seat of Thunder Bay District, Ontario, Canada. It is the most populous municipality in Northwestern Ontario and the second most populous (after Greater Sudbury) municipality in Northern Ontario; its population ...
), the son of Max Laskin and Bluma Zingel. His brother,
Saul Laskin Saul Laskin (15 May 1918 – 4 October 2008) was a Canadian politician. He was the first mayor of the City of Thunder Bay, Ontario. Born in Fort William, Ontario, he was the younger brother of jurist Bora Laskin. He was educated in Fort Willia ...
, went on to become the first
mayor of Thunder Bay This is a list of mayors of Thunder Bay and the former cities of Port Arthur and Fort William. Thunder Bay was incorporated in 1970, amalgamating the cities of Port Arthur and Fort William. Mayors of Thunder Bay (since 1970) * Saul Laskin (19 ...
. His other brother, Charles, was a shirt designer and manufacturer. Laskin married Peggy Tenenbaum. The couple had two children: John I. Laskin, who followed in his father's footsteps and became a judge at the
Ontario Court of Appeal The Court of Appeal for Ontario (frequently referred to as the Ontario Court of Appeal or ONCA) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto, also the seat of the Law Socie ...
, and Barbara Laskin Plumptre. His grandson (the son of his daughter) carries on his name. His nephew John B. Laskin is a judge of the
Federal Court of Appeal The Federal Court of Appeal (french: Cour d'appel fédérale) is a Canadian appellate court that hears cases concerning federal matters. History Section 101 of the Constitution Act, 1867 empowers the Parliament of Canada to establish "addit ...
, having previously been a faculty member of the
University of Toronto Faculty of Law The University of Toronto Faculty of Law (U of T Law, UToronto Law) is the law school of the University of Toronto. The Faculty's admissions process is the most selective of law schools in Canada and is one of the most selective in North America. ...
and a prominent commercial litigator in Toronto.


Education

Laskin was educated as a lawyer at
Osgoode Hall Law School Osgoode Hall Law School, commonly shortened to Osgoode, is the law school of York University in Toronto, Ontario, Canada. The law school is home to the Law Commission of Ontario, the Journal of Law and Social Policy, and the '' Osgoode Hall L ...
. He initially studied at the
University of Toronto The University of Toronto (UToronto or U of T) is a public research university in Toronto, Ontario, Canada, located on the grounds that surround Queen's Park. It was founded by royal charter in 1827 as King's College, the first institution ...
, earning a
Bachelor of Arts Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four years ...
in 1933. He received the degrees of
Master of Arts A Master of Arts ( la, Magister Artium or ''Artium Magister''; abbreviated MA, M.A., AM, or A.M.) is the holder of a master's degree awarded by universities in many countries. The degree is usually contrasted with that of Master of Science. Tho ...
in 1935 and earned a
Bachelor of Laws Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Chi ...
from the University of Toronto in 1936. While at the University of Toronto, he was a member of
Sigma Alpha Mu Sigma Alpha Mu (), commonly known as Sammy, is a college fraternity founded at the City College of New York in 1909. Though initially founded as a Jewish organization, the fraternity dropped its religious affiliation and became open to men of a ...
fraternity. In 1937, he received a
Master of Laws A Master of Laws (M.L. or LL.M.; Latin: ' or ') is an advanced postgraduate academic degree, pursued by those either holding an undergraduate academic law degree, a professional law degree, or an undergraduate degree in a related subject. In mos ...
from
Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each class ...
. He earned a gold medal at both the University of Toronto Law School and at Harvard Law School.Ian Binnie
Tribute to Bora Laskin
.


Legal career

Despite his superior academic record, Laskin, who was
Jewish Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""The ...
, was unable to find work at any law firm of note, because of the
anti-Semitism Antisemitism (also spelled anti-semitism or anti-Semitism) is hostility to, prejudice towards, or discrimination against Jews. A person who holds such positions is called an antisemite. Antisemitism is considered to be a form of racism. Antis ...
that pervaded the English-Canadian legal profession at the time. As a result, his first job after graduating was writing headnotes (''i.e.'', article synopses) for the Canadian Abridgement, a legal research tool. In order to be called to the bar, it was required that he serve
articles Article often refers to: * Article (grammar), a grammatical element used to indicate definiteness or indefiniteness * Article (publishing), a piece of nonfictional prose that is an independent part of a publication Article may also refer to: G ...
with a lawyer who was already a member of the bar. He had trouble finding a lawyer who would serve as his principal, because non-Jewish lawyers would not accept Jewish students. Through connections, he eventually found a young Jewish lawyer, Sam Gotfrid, who was willing to sign as his principal, but Gotfrid was himself only just starting out and could not provide Laskin with any work or salary. A year into his articles, Laskin found a non-Jewish lawyer, W.C. Davidson, who was willing to take him as an articling student, and he finished his articles with Davidson. In later years, Laskin would say that he articled with Davidson, not mentioning his initial start with Gotfrid. Ultimately, Laskin decided to pursue his career in academia. From 1940 to 1965 he taught at the University of Toronto (except for the period 1945–1949, when he taught at Osgoode Hall Law School). For 23 years he was an associate editor of
Dominion Law Reports The Dominion Law Reports (DLR) is Canadian law report, first published in 1912. The report is published by Canada Law Book Ltd. It contains select reports of cases from both federal and provincial courts in all areas of law. Its early editors in ...
and Canadian Criminal Cases. He also wrote ''Canadian Constitutional Law'' and other legal texts. His interests were in labour law, constitutional law, and human rights. He was a founding member of the Canadian Civil Liberties Association.


Labour lawyer and arbitrator

Laskin's non-academic practice involved primarily the area of labour and employment law, where he was known to have a kind heart and worked to advance the rights of trade unions. His most significant contributions were as a grievance arbitrator, where he made one of the greatest contributions to labour jurisprudence, with many of the legal concepts he developed finding their way into the broader field of law, especially human rights law which in the early days grew largely out of disputes in the workplace. Many of Laskin's decisions are still referenced as leading cases of Canadian labour law and the
University of Toronto The University of Toronto (UToronto or U of T) is a public research university in Toronto, Ontario, Canada, located on the grounds that surround Queen's Park. It was founded by royal charter in 1827 as King's College, the first institution ...
's Centre for the Study of Industrial Relations awards the Bora Laskin Award in Labour Law annually to two lawyers who have made an outstanding contributions to Canadian labour law (one to union-side and one to employer-side).


Judicial career


Ontario Court of Appeal

Laskin's career on the bench began in 1965 with his appointment to the
Ontario Court of Appeal The Court of Appeal for Ontario (frequently referred to as the Ontario Court of Appeal or ONCA) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto, also the seat of the Law Socie ...
. While on the Court of Appeal, Laskin gave a decision in a divorce case, upholding the constitutional authority of the federal Parliament to include the right to spousal support under the ''Divorce Act''. Laskin held that spousal support was ancillary to Parliament's constitutional jurisdiction over divorce under the ''Constitution Act''. When the Supreme Court of Canada considered the same issue three years later, it unanimously reached the same conclusion, citing Laskin's decision from the Ontario Court of Appeal.


Supreme Court of Canada

On March 19, 1970, he was appointed on the advice of
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
Pierre Trudeau to the
Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
, becoming the first Jewish justice to sit on that court. Again on the advice of Trudeau, Laskin was appointed Chief Justice on December 27, 1973. He held that position until his death in 1984. Laskin's appointment as Chief Justice generated some controversy. He was the second-most junior justice on the court, having served for only three years. The long-standing tradition was that on the retirement of the chief justice, the senior puisne justice on the court would be appointed. Since the establishment of the Supreme Court in 1875, this practice had been followed except on two occasions, in 1906 and 1924, when the senior puisne justices had been passed over. By that tradition, the appointment as Chief Justice would have gone to Justice
Ronald Martland Ronald Martland, (February 10, 1907 – November 20, 1997) was a Canadian lawyer and Puisne Justice of the Supreme Court of Canada. He was the second Albertan appointed to the Supreme Court of Canada, taking the place of Justice Nolan, who d ...
, who had been on the court for fifteen years. When Prime Minister Trudeau appointed Laskin, it was said that Justice Martland had been given very little notice that he would be passed over, and was upset by it.
Minister of Finance A finance minister is an executive or cabinet position in charge of one or more of government finances, economic policy and financial regulation. A finance minister's portfolio has a large variety of names around the world, such as "treasury", " ...
John Turner John Napier Wyndham Turner (June 7, 1929September 19, 2020) was a Canadian lawyer and politician who served as the 17th prime minister of Canada from June to September 1984. He served as leader of the Liberal Party of Canada and leader of t ...
was rumoured to be furious at the departure from the traditions of the court.


Judgments


Judicial philosophy

Laskin was a
liberal Liberal or liberalism may refer to: Politics * a supporter of liberalism ** Liberalism by country * an adherent of a Liberal Party * Liberalism (international relations) * Sexually liberal feminism * Social liberalism Arts, entertainment and m ...
jurist who often found himself on the minority side of decisions. His specialty was
labour law Labour laws (also known as labor laws or employment laws) are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, ...
and
constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a State (polity), state, namely, the executive (government), executive, the parliament or legislature, and the judiciary; as well as th ...
and he had a reputation as a
civil libertarian Civil libertarianism is a strain of political thought that supports civil liberties, or which emphasizes the supremacy of individual rights and personal freedoms over and against any kind of authority (such as a state, a corporation, social no ...
. On matters of
federalism Federalism is a combined or compound mode of government that combines a general government (the central or "federal" government) with regional governments (Province, provincial, State (sub-national), state, Canton (administrative division), can ...
under the ''
Constitution Act, 1867 The ''Constitution Act, 1867'' (french: Loi constitutionnelle de 1867),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 186 ...
'', Laskin has been considered the most aggressive supporter of the federal powers of any justice since Confederation. This made for a stark contrast with fellow Justice
Jean Beetz Jean-Marie Philémon Joseph Beetz, , c.r. (March 27, 1927 – September 30, 1991) was a Canadian lawyer, academic and judge from Quebec. He served as a puisne justice of the Supreme Court of Canada from 1974 to 1988. Family and early life Bo ...
, who was known as one of the strongest supporters of provincial powers under the Constitution. In his earlier years on the Supreme Court, Laskin was frequently in dissent. During the 1970s, Laskin frequently joined with justices Wishart Spence and
Brian Dickson Robert George Brian Dickson (May 25, 1916 – October 17, 1998) was a Canadian lawyer, military officer and judge. He was appointed a puisne justice of the Supreme Court of Canada on March 26, 1973, and subsequently appointed the 15th Chief Ju ...
on cases involving civil liberties, often in dissent from the more conservative majority on the court. The grouping was colloquially referred to as the "LSD connection." Laskin often took a position that was later adopted by a majority of the court. Among his most famous dissents was his opinion in '' Murdoch v. Murdoch'', where he was the sole judge who would have ruled in favour of a wife's application for an equal division of property acquired during the course of the marriage. The outcome of the case was highly controversial. It triggered reforms to matrimonial laws across the country, adopting Laskin's view of property equality between husband and wife. Years later, Laskin said that the position he took in this case was the likely cause of his promotion to Chief Justice over the more senior
Ronald Martland Ronald Martland, (February 10, 1907 – November 20, 1997) was a Canadian lawyer and Puisne Justice of the Supreme Court of Canada. He was the second Albertan appointed to the Supreme Court of Canada, taking the place of Justice Nolan, who d ...
.


The Patriation Reference

Laskin presided over a number of landmark constitutional cases, most notably the 1981
Patriation Reference ''Reference Re Resolution to amend the Constitution'' – also known as the Patriation Reference – is a historic Supreme Court of Canada reference case that occurred during negotiations for the patriation of the Constitution of Canada. ...
, which considered Pierre Trudeau's attempt to have the federal government unilaterally
patriate Patriation is the political process that led to full Canadian sovereignty, culminating with the Constitution Act, 1982. The process was necessary because under the Statute of Westminster 1931, with Canada's agreement at the time, the British par ...
the
Constitution of Canada The Constitution of Canada (french: Constitution du Canada) is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents a ...
without the consent of the
province A province is almost always an administrative division within a country or sovereign state, state. The term derives from the ancient Roman ''Roman province, provincia'', which was the major territorial and administrative unit of the Roman Empire ...
s. The case was a consolidated appeal of three provincial
references Reference is a relationship between objects in which one object designates, or acts as a means by which to connect to or link to, another object. The first object in this relation is said to ''refer to'' the second object. It is called a ''name'' ...
, from Quebec, Manitoba and Newfoundland. By a 7-2 division, a majority of the court held that Parliament had the legal authority to act unilaterally. However, by a division of 6-3, the court also held that unilateral federal action would violate a constitutional convention that had emerged since
Confederation A confederation (also known as a confederacy or league) is a union of sovereign groups or states united for purposes of common action. Usually created by a treaty, confederations of states tend to be established for dealing with critical issu ...
, requiring substantial provincial agreement on constitutional amendments. Laskin was one of the judges in the majority on the issue of Parliament's legal authority to act unilaterally, but was one of the three dissenting judges who would have held that there was no constitutional convention restricting Parliament's power to act unilaterally. As a result of the decision in the Patriation Reference, Trudeau decided to begin a new round of negotiations with the provinces, which resulted in the patriation of the Constitution from Britain being agreed to by all provinces save
Quebec Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirtee ...
. Historian Frederic Bastien suggests that Laskin may have violated the constitutional separation of powers by discussing the deliberations of the court with politicians, casting doubt on the legitimacy of the decision. However, surviving participants in the Reference process do not think that the allegations, even if true, undercut the validity of the court's decision. Other scholars said that the patriation process violated judicial independence.


Death

Laskin was in poor health the last few years of his life, and died in office on March 26, 1984, at the age of 71 from pneumonia. Two weeks before his death, on March 13, 1984, he was made a Companion of the
Order of Canada The Order of Canada (french: Ordre du Canada; abbreviated as OC) is a Canadian state order and the second-highest honour for merit in the system of orders, decorations, and medals of Canada, after the Order of Merit. To coincide with the ...
. Prime Minister Trudeau offered a
state funeral A state funeral is a public funeral ceremony, observing the strict rules of Etiquette, protocol, held to honour people of national significance. State funerals usually include much pomp and ceremony as well as religious overtones and distinctive ...
, but the family declined because Laskin "liked things very simple." Instead, Laskin lay in state in the Great Hall of the Supreme Court building, prior to a simple funeral ceremony in Ottawa and interment at Holy Blossom Memorial Park in Toronto. His brother
Saul Laskin Saul Laskin (15 May 1918 – 4 October 2008) was a Canadian politician. He was the first mayor of the City of Thunder Bay, Ontario. Born in Fort William, Ontario, he was the younger brother of jurist Bora Laskin. He was educated in Fort Willia ...
was later buried beside him.


Recognition

*
Lakehead University Lakehead University is a public research university with campuses in Thunder Bay and Orillia, Ontario, Canada. Lakehead University, shortened to 'Lakehead U', is non-denominational and provincially supported. It has undergraduate programs, grad ...
, in Laskin's hometown of Thunder Bay, honoured him in several ways. **The Bora Laskin Building, used primarily by the Faculty of Education. **The
Bora Laskin Faculty of Law The Bora Laskin Faculty of Law is the professional school of law of Lakehead University in Thunder Bay, Ontario, Canada. History Lakehead University's Bora Laskin Faculty of Law officially opened in September 2013. Its founding dean was Lee Stue ...
, established 2013. * The Laskin Moot was named in his honour. *The main
library A library is a collection of materials, books or media that are accessible for use and not just for display purposes. A library provides physical (hard copies) or digital access (soft copies) materials, and may be a physical location or a vir ...
of the
University of Toronto Faculty of Law The University of Toronto Faculty of Law (U of T Law, UToronto Law) is the law school of the University of Toronto. The Faculty's admissions process is the most selective of law schools in Canada and is one of the most selective in North America. ...
is named for Laskin. *The Bora Laskin Law Society in Ottawa was named in his honour in 2011. *Elected as a Fellow of the
Royal Society of Canada The Royal Society of Canada (RSC; french: Société royale du Canada, SRC), also known as the Academies of Arts, Humanities and Sciences of Canada (French: ''Académies des arts, des lettres et des sciences du Canada''), is the senior national, bil ...
in 1964, giving him the right to the post nominal letters "FRSC".


Honorary degrees

Bora Laskin received
honorary degree An honorary degree is an academic degree for which a university (or other degree-awarding institution) has waived all of the usual requirements. It is also known by the Latin phrases ''honoris causa'' ("for the sake of the honour") or ''ad hono ...
s from many Canadian and international universities, these include:


See also

* List of Supreme Court of Canada cases (Laskin Court)


References


Sources

* *


External links


Supreme Court of Canada Biography: Bora Laskin

Order of Canada Citation: Bora LaskinBora Laskin oral history interview
held at th
University of Toronto Archives and Records Management Services
{{DEFAULTSORT:Laskin, Bora 1912 births 1984 deaths 20th-century Canadian lawyers Canadian Jews Canadian scholars of constitutional law Chief justices of Canada Companions of the Order of Canada Corresponding Fellows of the British Academy Fellows of the Royal Society of Canada Harvard Law School alumni Justices of the Court of Appeal for Ontario Lawyers in Ontario Members of the King's Privy Council for Canada People from Thunder Bay University of Toronto alumni University of Toronto Faculty of Law alumni University of Toronto Faculty of Law faculty