Ronald Martland, (February 10, 1907 – November 20, 1997) 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 ...
lawyer and
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 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 ...
. He was the second
Alberta
Alberta ( ) is one of the thirteen provinces and territories of Canada. It is part of Western Canada and is one of the three prairie provinces. Alberta is bordered by British Columbia to the west, Saskatchewan to the east, the Northwest Ter ...
n appointed to the Supreme Court of Canada, taking the place of
Justice Nolan, who died after only a short time on the Court.
Family life and education
Ronald Martland was born in
Liverpool
Liverpool is a city and metropolitan borough in Merseyside, England. With a population of in 2019, it is the 10th largest English district by population and its metropolitan area is the fifth largest in the United Kingdom, with a popul ...
,
England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
in 1907. His family immigrated to Canada in 1911, when he was four years old.
[Alberta Order of Excellence citation](_blank)
/ref> He graduated from high school at the age of 14, but was too young to attend university, so he worked as a page
Page most commonly refers to:
* Page (paper), one side of a leaf of paper, as in a book
Page, PAGE, pages, or paging may also refer to:
Roles
* Page (assistance occupation), a professional occupation
* Page (servant), traditionally a young m ...
in the Legislative Assembly of Alberta
The Legislative Assembly of Alberta is the deliberative assembly of the province of Alberta, Canada. It sits in the Alberta Legislature Building in Edmonton. The Legislative Assembly currently has 87 members, elected first past the post from singl ...
for two years.[Supreme Court of Canada biography](_blank)
/ref>
Martland attended the University of Alberta
The University of Alberta, also known as U of A or UAlberta, is a public research university located in Edmonton, Alberta, Canada. It was founded in 1908 by Alexander Cameron Rutherford,"A Gentleman of Strathcona – Alexander Cameron Rutherfor ...
and obtained a B.A.
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 1926 and an LL.B
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 ...
in 1928. At law school, he led his class each year, and won the Chief Justice Harvey Gold Medal in his final year. He was awarded a Rhodes Scholarship
The Rhodes Scholarship is an international postgraduate award for students to study at the University of Oxford, in the United Kingdom.
Established in 1902, it is the oldest graduate scholarship in the world. It is considered among the world' ...
and studied at Hertford College
Hertford College ( ), previously known as Magdalen Hall, is a constituent college of the University of Oxford in England. It is located on Catte Street in the centre of Oxford, directly opposite the main gate to the Bodleian Library. The colleg ...
, Oxford University
Oxford () is a city in England. It is the county town and only city of Oxfordshire. In 2020, its population was estimated at 151,584. It is north-west of London, south-east of Birmingham and north-east of Bristol. The city is home to the ...
. He received an additional BA in 1930 and a BCL in 1931. He was the first Canadian recipient of the Vinerian Prize. While at Oxford, he played for the Oxford University Ice Hockey Club
The Oxford University Ice Hockey Club (OUIHC) is home to the Men’s and Women’s Blues ice hockey teams of the University of Oxford, England. The Men's Blues, also known as Oxford University Blues,BUIHA Website Listin"Oxford University Blues" ...
.
In 1935, he married Iris Euphemia Bury. They had three children.
Career as a lawyer
Martland was called to the bar of Alberta in 1932 and practised law at the firm of Milner, Carr, Dafoe & Poirier for over 25 years. He became a leading counsel in the courts of the province, as well as appearing before the Supreme Court of Canada and the Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Augus ...
, at that time the highest court for the British Commonwealth
The Commonwealth of Nations, simply referred to as the Commonwealth, is a political association of 56 member states, the vast majority of which are former territories of the British Empire. The chief institutions of the organisation are the Co ...
. He was a bencher
A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales or the Inns of Court in Northern Ireland, or the Honorable Society of King's Inns in Ireland. Benchers hold office for life once elected. A bencher can ...
of the Law Society of Alberta
The Law Society of Alberta (LSA) is the self-regulating body for lawyers in Alberta, Canada, established in 1907 which derives its authority from the Legal Profession Act of the Government of Alberta.
Its main office is located in Calgary. As ...
between 1948 and 1958.
Supreme Court Justice
Martland was appointed to the Supreme Court of Canada on January 15, 1958, on the nomination of Prime Minister John Diefenbaker
John George Diefenbaker ( ; September 18, 1895 – August 16, 1979) was the 13th prime minister of Canada, serving from 1957 to 1963. He was the only Progressive Conservative party leader between 1930 and 1979 to lead the party to an electio ...
. He served on the Court as 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 ...
for 24 years, participating in over 1,700 cases. Of these, he wrote the decision for the majority in some 230 cases and concurring judgments in more than 70 cases. He wrote dissenting judgments in some 40 cases. One of his most significant dissents, co-authored with Justice Ritchie, was in the 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.
...
, where they argued that as a matter of constitutional law, the federal Parliament did not have the authority to unilaterally request that the British Parliament enact the proposed patriation constitutional amendments. Although in dissent on the legal issue, Martland and Ritchie were in the majority on the second issue in the Reference, the existence of a constitutional convention which required a significant degree of provincial support for major constitutional amendments.
In late 1973, Chief Justice Fauteux announced his retirement from the Court. Justice Martland was the senior puisne justice, and the long-standing tradition was that the most senior judge on the bench would be appointed chief justice. (At that time, the only exceptions to this custom were in 1906 and 1924, when the senior puisne justice had been passed over.) However, Prime Minister Pierre Trudeau
Joseph Philippe Pierre Yves Elliott Trudeau ( , ; October 18, 1919 – September 28, 2000), also referred to by his initials PET, was a Canadian lawyer and politician who served as the 15th prime minister of Canada
The prime mini ...
chose instead to appoint Bora Laskin
Bora Laskin (October 5, 1912 – March 26, 1984) was a Canadian jurist who served as the 14th chief justice of Canada from 1973 to 1984. Laskin was appointed a puisne justice of the Supreme Court in 1970, and served on the Ontario Court of A ...
as Chief Justice. Laskin was the second-most junior judge of the Court, and the appointment created considerable comment. It was said that Justice Martland had been given very little notice that he would be passed over, and was upset by it. The Finance Minister, 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.
One of the most notable cases that Martland presided over was that of Irene Murdoch, a rancher who had been severely abused by her husband for years. Murdoch wanted a divorce, and, because she had helped to build the ranch over 25 years, argued that she should be given a share of the property. The Supreme Court under Martland refused to give her any part of the property, in a decision that "shocked the consciousness of Canadians" and led to widespread calls for reform.
Retirement and death
Martland retired from the Court on February 10, 1982, when he reached the mandatory retirement age of 75.[Supreme Court Act, R.S.C. 1985, c. S-26, s. 9.] He died on November 20, 1997, at the age of 90.
Membership in Anglican Church
Martland was an active member of the Anglican Church of Canada
The Anglican Church of Canada (ACC or ACoC) is the Ecclesiastical province#Anglican Communion, province of the Anglican Communion in Canada. The official French-language name is ''l'Église anglicane du Canada''. In 2017, the Anglican Church co ...
. While in Edmonton, he served as Chancellor
Chancellor ( la, cancellarius) is a title of various official positions in the governments of many nations. The original chancellors were the of Roman courts of justice—ushers, who sat at the or lattice work screens of a basilica or law cou ...
(legal advisor) of the Anglican Diocese of Athabasca
The Anglican Diocese of Athabasca is a diocese of the Ecclesiastical Province of Rupert's Land of the Anglican Church of Canada, in the northern half of the civil province of Alberta
Alberta ( ) is one of the thirteen provinces and territo ...
. While sitting on the Supreme Court, he also served as the Chancellor of the Anglican Diocese of Ottawa
The Diocese of Ottawa is a diocese of the Ecclesiastical Province of Ontario of the Anglican Church of Canada, itself a province of the Anglican Communion, in Ottawa, Ontario, Canada. The diocese was established on April 7, 1896.
In June 2016, t ...
.
Honours
Justice Martland received a number of honours:
* 1982 - 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 ...
* 1984 - Alberta Order of Excellence
The Alberta Order of Excellence (french: Ordre d'excellence de l'Alberta) is a civilian honour for merit in the Canadian province of Alberta. Instituted in 1979 when Lieutenant Governor Frank C. Lynch-Staunton granted royal assent to the Alberta ...
* Honorary Professor of law at the Universities of Alberta and Calgary
Calgary ( ) is the largest city in the western Canadian province of Alberta and the largest metro area of the three Prairie Provinces. As of 2021, the city proper had a population of 1,306,784 and a metropolitan population of 1,481,806, makin ...
* Honorary fellow of Hertford College
Hertford College ( ), previously known as Magdalen Hall, is a constituent college of the University of Oxford in England. It is located on Catte Street in the centre of Oxford, directly opposite the main gate to the Bodleian Library. The colleg ...
, Oxford
Oxford () is a city in England. It is the county town and only city of Oxfordshire. In 2020, its population was estimated at 151,584. It is north-west of London, south-east of Birmingham and north-east of Bristol. The city is home to the ...
Honorary Degrees
Justice Martland also 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 several Universities including
* University of Alberta
The University of Alberta, also known as U of A or UAlberta, is a public research university located in Edmonton, Alberta, Canada. It was founded in 1908 by Alexander Cameron Rutherford,"A Gentleman of Strathcona – Alexander Cameron Rutherfor ...
in Edmonton, Alberta
Edmonton ( ) is the capital city of the Canadian province of Alberta. Edmonton is situated on the North Saskatchewan River and is the centre of the Edmonton Metropolitan Region, which is surrounded by Alberta's central region. The city anchor ...
* University of King's College
The University of King's College, established in 1789, is in Halifax, Nova Scotia, Canada.Roper, Henry. "Aspects of the History of a Loyalist College: King's College, Windsor, and Nova Scotian Higher Education in the Nineteenth Century." Anglic ...
in Halifax, Nova Scotia
Halifax is the capital and largest municipality of the Canadian province of Nova Scotia, and the largest municipality in Atlantic Canada. As of the 2021 Census, the municipal population was 439,819, with 348,634 people in its urban area. The ...
References
External links
Supreme Court of Canada biography
Order of Canada citations
{{DEFAULTSORT:Martland, Ronald
Justices of the Supreme Court of Canada
Members of the Alberta Order of Excellence
Martland, Roland
Canadian Rhodes Scholars
Lawyers in Alberta
Canadian King's Counsel
Alumni of Hertford College, Oxford
Companions of the Order of Canada
British emigrants to Canada
Canadian Anglicans
1907 births
1997 deaths
Lawyers from Liverpool
University of Alberta Faculty of Law alumni