User:Caddyshack01/sandbox
| Strong Court | |
|---|---|
 Samuel Henry Strong in 1895. | |
| December 13, 1892 – November 18, 1902 (9 years, 340 days) | |
| Seat | Second Supreme Court of Canada building |
| No. of positions | 6 |
The Strong Court refers to the period in the history of the Supreme Court of Canada from 1892 to 1902, during which Samuel Henry Strong served as Chief Justice of Canada. Strong succeeded William Johnstone Ritchie as Chief Justice after the latter's death, and held the position until his retirement on November 18, 1902.
The Strong Court, much like all iterations of the Supreme Court prior to 1949, was largely overshadowed by the Judicial Committee of the Privy Council served as the highest court of appeal in Canada, and its decisions on Canadian appeals were binding on all Canadian courts.
The Strong Court continued to face many of the same criticisms as its predecessor, the Ritchie Court, including the concerns about the conduct of its justices, the excessive length and lack of clarity in its decisions, and significant delays in the publication of those decisions.
Membership
[edit]The Supreme Court Act, 1875 established the Supreme Court, composed of six justices, two of whom were allocated to Quebec under law, in recognition of the province's unique civil law system.[1][2][ps 1] The Supreme Court had an unwritten regional element with its early appointments, with two justices from Ontario and two from the Maritimes.[3][4] There was no representation from the western territories or British Columbia.[5]
Members of the previous Strong Court that continued into the Ritchie Court include
Timeline
[edit]
Other branches of government
[edit]The Ritchie Court began during the 7th Canadian Parliament, under a majority government led by Conservative Prime Minister John Abbott.
It overlapped with two general elections, in 1896 and 1900 both of which resulted in majority victories for Wilfrid Laurier's Liberals.
Relationship with the Judicial Committee of the Privy Council
[edit]From 1867 to 1949, the Judicial Committee of the Privy Council served as the highest court of appeal in Canada, and its decisions on Canadian appeals were binding on all Canadian courts. After the creation of the Supreme Court of Canada it remained possible for appeals on the consent of both parties, to proceed directly from a provincial court of appeal to the Judicial Committee, bypassing the Supreme Court entirely.[6] By 1900, the Privy Council had become dominant in Canadian jurisprudence, often deciding Canadian cases with "little or no restraint or respect" for the decisions of the Canadian courts from which the appeals originated.[7]
Rulings of the Court
[edit]
Administration of the Court
[edit]The Court operated with a panel of six judges, meaning that if there was an equal division (3—3), the appeal would be dismissed.[8] It was also common for each justice to write their own individual reasons for judgement rather than issuing joint judgments.[9] This practice was especially prevalent in the 1880s and, when combined with the frequent dismissal of appeals due to tied votes, made it difficult to establish clear legal precedents or to discern whether a coordinated judicial approach existed. As a result, the Court primarily resolved disputes by applying existing legal principles, rather than by setting new legal standards.[10] Under the Supreme Court Act, the Court held three sessions per year.[11]
In its early years, the Court did not sit at a traditional shared bench. Instead, each of the six justices had individual desks. Historians Snell and Vaughan note that this setup coincided with a period in the 1880s marked by deep divisions within the Court and a lack of "consultation and cooperation" among the justices.[12]
The Court recognized the right of applicants from Quebec to use either English or French. While French-language materials were accepted, they were translated into English at the Court's expense.[13] The Supreme Court Act required the Court to publish its own decisions rather than relying on private law reporters, an innovation not found elsewhere in the British Empire. This self-publishing model was intended to ensure that decisions would quickly reach legal professionals and lower court judges.[14] Judgments published in the Supreme Court Reports were printed in the language in which they were delivered and were not translated.[13]
Despite its promise, the Supreme Court Reports faced early criticism for numerous shortcomings, including errors, inconsistent editing and citations, a lack of uniform style, poorly written headnotes, and delays from decision to date of publication.[15]
Inter-personal issues of the Court
[edit]The Court under Chief Justice Ritchie was internally fractured, with its central weakness being the justices' inability to work together effectively and harmoniously.[12] The justices developed what has been described as "immediate antagonism" resulting in a lack of "consultation and cooperation".[12]
For example, Justice Strong wrote to Prime Minister Macdonald to complain about Justice William Alexander Henry, even demanding his removal from the Court.[16] Strong described Henry's judgments as "long, windy, incoherent, masses of verbiage" that misapplied the law, and characterized his conduct as "proof of the incompetency of the Supreme Court".[17] Strong also made private complaints about other justices, including Chief Justice Ritchie.[12] Disillusioned with the Court, Strong offered his resignation to Macdonald several times between 1884 and 1888. Although Macdonald eventually relented and accepted Strong's resignation in 1888, Strong did not follow through with his resignation.[18]
Poor Administration of the Court
[edit]Historians Snell and Vaughan note that Justice Strong was among the worst offenders. On occasion, the Court Registrar had to visit Strong at home and threaten to withhold publication of his decisions to compel him to complete his work. In one case, the Registrar published a note stating: "The learned judge [Strong], having mislaid his judgment, directed the reporter to report the case without it".[19][ps 2] By 1888, the Registrar reported that 21 of the 25 outstanding cases awaiting publication were delayed solely because Strong had not submitted his completed reasons.[20]
Appraisal
[edit]See also
[edit]- Supreme Court of Canada cases
- List of Supreme Court of Canada cases (Richards Court through Fauteux Court)
- List of Canadian appeals to the Judicial Committee of the Privy Council, 1890–1899
- List of Canadian appeals to the Judicial Committee of the Privy Council, 1900–1909
References
[edit]- ^ Bushnell 1992, p. 15.
- ^ Snell & Vaughan 1985, p. 12.
- ^ Bushnell 1992, pp. 40–42.
- ^ Snell & Vaughan 1985, p. 27.
- ^ Snell & Vaughan 1985, pp. 12–15.
- ^ McCormick 2000, p. 2.
- ^ Macklem, Patrick; Mathen, Carissima, eds. (2022). Canadian Constitutional Law (Sixth ed.). Toronto: Emond Montgomery Publications Limited. p. 74. ISBN 978-1-77462-137-0.
- ^ Bushnell 1992, pp. 76–77.
- ^ Bushnell 1992, p. 77.
- ^ Bushnell 1992, pp. 77, 119.
- ^ Laskin, Bora (1975). "The Supreme Court of Canada: The First One Hundred Years a Capsule Institutional History". Canadian Bar Review. 53 (3): 466. 1975 CanLIIDocs 19.
- ^ a b c d Snell & Vaughan 1985, p. 40.
- ^ a b Snell & Vaughan 1985, p. 21.
- ^ Snell & Vaughan 1985, pp. 35–36.
- ^ Snell & Vaughan 1985, p. 36.
- ^ Snell & Vaughan 1985, pp. 39, 47.
- ^ Snell & Vaughan 1985, p. 39.
- ^ Snell & Vaughan 1985, p. 45.
- ^ Snell & Vaughan 1985, pp. 36–37.
- ^ Snell & Vaughan 1985, p. 37.
Primary sources
[edit]- ^ The Supreme and Exchequer Court Act, SC 1875, c 11 ["Supreme Court Act, 1875"].
- ^ Milloy v Kerr, 1880 CanLII 5, 8 SCR 474, Supreme Court (Canada)
Further reading
[edit]Works centering on the history of the Supreme Court of Canada
[edit]- Adams, George W.; Cavalluzzo, Paul J. (1969). "The Supreme Court of Canada: A Biographical Study". Osgoode Hall Law Journal. 7 (1): 61–86. doi:10.60082/2817-5069.2358. 1969 CanLIIDocs 331.
- Bushnell, Ian (1992). Captive Court: A Study of the Supreme Court of Canada. McGill-Queen's University Press. ISBN 978-0-7735-0851-4.
- McCormick, Peter (2000), Supreme at last: the evolution of the Supreme Court of Canada, J. Lorimer, ISBN 978-1-55028-693-9
- Snell, James G.; Vaughan, Frederick (1985). The Supreme Court of Canada: History of the Institution. Toronto: The Osgoode Society. ISBN 978-0-8020-3417-5.
Works centering on the Strong Court
[edit]- Bader, Michael; Burstein, Edward (1970). "The Supreme Court of Canada 1892-1902: A Study of the Men and the Times". Osgoode Hall Law Journal. 8 (3): 503–547. doi:10.60082/2817-5069.2332. 1970 CanLIIDocs 339.
Works centering on the Strong Court Justices
[edit]- Benidickson, Jamie (1994). "Strong, Sir Samuel Henry". In Cook, Ramsay; Hamelin, Jean (eds.). Dictionary of Canadian Biography. Vol. XIII (1901–1910) (online ed.). University of Toronto Press.
- Brassard, Michèle; Hamelin, Jean (1990). "Fournier, Telesphore". In Halpenny, Francess G (ed.). Dictionary of Canadian Biography. Vol. XII (1891–1900) (online ed.). University of Toronto Press.
- Howes, David (1998). "Taschereau, Sir Henri-Elzéar". In Cook, Ramsay; Hamelin, Jean (eds.). Dictionary of Canadian Biography. Vol. XIV (1911–1920) (online ed.). University of Toronto Press.
- Romney, Paul (1994). "Gwynne, John Wellington". In Cook, Ramsay; Hamelin, Jean (eds.). Dictionary of Canadian Biography. Vol. XIII (1901–1910) (online ed.). University of Toronto Press.
- Girard, Philip (1994). "Sedgewick, Robert". In Cook, Ramsay; Hamelin, Jean (eds.). Dictionary of Canadian Biography. Vol. XIII (1901–1910) (online ed.). University of Toronto Press.
- Acheson, T. W. (1994). "King, George Edwin". In Cook, Ramsay; Hamelin, Jean (eds.). Dictionary of Canadian Biography. Vol. XIII (1901–1910) (online ed.). University of Toronto Press.
- Smith, Michael Lawrence (1998). "Girouard, Désiré". In Cook, Ramsay; Hamelin, Jean (eds.). Dictionary of Canadian Biography. Vol. XIV (1911–1920) (online ed.). University of Toronto Press.
- Bumsted, J. M. (2005). "Davies, Sir Louis Henry". In Cook, Ramsay; Bélanger, Réal (eds.). Dictionary of Canadian Biography. Vol. XV (1921–1930) (online ed.). University of Toronto Press.
- Vipond, Robert C. (1994). "Mills, David". In Cook, Ramsay; Hamelin, Jean (eds.). Dictionary of Canadian Biography. Vol. XIII (1901–1910) (online ed.). University of Toronto Press.