Who is Beverley McLachlin and what was her most prominent role?

Beverley Marian McLachlin is a Canadian jurist and author. Her most prominent role was serving as the 17th Chief Justice of Canada from 2000 to 2017. This tenure made her the longest-serving chief justice in Canadian history and the first woman to hold the position.

Where and when was Beverley McLachlin born?

Beverley McLachlin was born Beverley Gietz on September 7, 1943, in Pincher Creek, Alberta, Canada. She is the eldest child of Eleanora Marian and Ernest Gietz.

What were the religious beliefs of Beverley McLachlin's parents?

Beverley McLachlin's parents, Eleanora Marian and Ernest Gietz, were of German descent and identified as "fundamentalist Christians" belonging to the Pentecostal Church. This upbringing influenced her perspective, as noted in a Globe and Mail article.

What academic degrees did Beverley McLachlin earn from the University of Alberta?

Beverley McLachlin earned multiple degrees from the University of Alberta. She received a Bachelor of Arts (B.A.) and a Master of Arts (M.A.) in philosophy, as well as a Bachelor of Laws (LL.B.). She was the top student in her law program and served as the notes editor for the Alberta Law Review.

Who were Beverley McLachlin's spouses and when did she marry them?

Beverley McLachlin was first married to Roderick McLachlin in 1967; he passed away in 1988. She later married Frank McArdle, a lawyer, in 1992.

Does Beverley McLachlin have children?

Yes, Beverley McLachlin has one son named Angus, who was born in 1976. Her first husband, Roderick McLachlin, was significantly involved in Angus's upbringing.

When was Beverley McLachlin called to the bar and where did she practice law?

Beverley McLachlin was called to the bar in Alberta in 1969, where she worked with the Edmonton firm Wood, Moir, Hyde & Ross. She then moved to British Columbia and was called to the British Columbia bar in 1971, practicing with Bull Housser Tupper from 1972 to 1975.

Where did Beverley McLachlin teach law?

From 1974 to 1981, Beverley McLachlin served as a professor at the University of British Columbia.

What judicial appointments did Beverley McLachlin hold before the Supreme Court of Canada?

Before joining the Supreme Court of Canada, McLachlin was appointed to the County Court of Vancouver in April 1981. Just five months later, in September 1981, she was appointed to the Supreme Court of British Columbia. In December 1985, she moved to the British Columbia Court of Appeal, and in September 1988, she became the Chief Justice of the Supreme Court of British Columbia.

Who nominated Beverley McLachlin to the Supreme Court of Canada, and when was she appointed?

Beverley McLachlin was nominated by Prime Minister Brian Mulroney to be a puisne justice of the Supreme Court of Canada on March 30, 1989. She was appointed by Governor General Jeanne Sauvé.

What were two significant early judgments authored by McLachlin on the Supreme Court of Canada?

Two significant early judgments authored by McLachlin include R v Hebert [1990] 2 S.C.R. 151, which is a leading decision on an accused's right to silence under section seven of the Canadian Charter of Rights and Freedoms, and R v Zundel [1992] 2 S.C.R. 731, where the Court struck down a provision prohibiting the publication of false news for violating freedom of expression under section 2(b) of the Charter.

When was Beverley McLachlin appointed Chief Justice of Canada, and by whom was she nominated?

Beverley McLachlin was appointed Chief Justice of Canada on January 7, 2000, on the advice of Prime Minister Jean Chrétien. She was appointed by Governor General Adrienne Clarkson.

During what period did Beverley McLachlin serve as the Administrator of Canada?

Beverley McLachlin served as the Administrator of Canada during Adrienne Clarkson's hospitalization for a cardiac pacemaker operation in July 2005. She relinquished this role when the Governor General recovered later that month.

What significant legislative act did McLachlin assent to while serving as Administrator of Canada?

While acting as Administrator of Canada, McLachlin gave royal assent to the Civil Marriage Act. This act legalized same-sex marriage nationally across Canada.

What leadership roles did McLachlin hold within Canadian judicial institutions during her tenure as Chief Justice?

As Chief Justice, McLachlin chaired the Canadian Judicial Council. She also served on the board of governors for the National Judicial Institute and was a member of the advisory council for the Order of Canada.

What controversy involved Prime Minister Stephen Harper, Attorney General, and Chief Justice McLachlin regarding Marc Nadon's eligibility?

In July 2013, Chief Justice McLachlin contacted Justice Minister Peter MacKay and the Prime Minister's Office regarding the eligibility of Marc Nadon for a Quebec seat on the Supreme Court. Prime Minister Stephen Harper stated he refused a call from McLachlin on the attorney general's advice, a move criticized by the legal community and leading to a complaint to the International Commission of Jurists.

What did the International Commission of Jurists conclude regarding Prime Minister Harper's comments about Chief Justice McLachlin?

The International Commission of Jurists concluded that Beverley McLachlin deserved an apology from Prime Minister Harper concerning the controversy over Marc Nadon's eligibility. As of July 2014, no apology had been issued.

What statement did McLachlin make in May 2015 regarding Canada's treatment of Indigenous peoples?

In May 2015, while speaking at the Global Centre for Pluralism, McLachlin stated that Canada had attempted to commit 'cultural genocide' against Indigenous peoples, describing it as the most significant stain on Canada's human rights record.

How did academics and columnists react to McLachlin's statement on 'cultural genocide'?

University of Regina academic Ken Coates supported McLachlin's statement, suggesting it reflected the views of many in the legal community and among Indigenous peoples. However, columnist Lysiane Gagnon found the comments 'unacceptable' and 'highly inflammatory,' while Gordon Gibson deemed the use of 'genocide' incendiary and disproportionate, suggesting the Chief Justice sounded like a legislator.

When did Beverley McLachlin retire from the Supreme Court of Canada, and who succeeded her?

Beverley McLachlin retired from the Supreme Court of Canada on December 15, 2017, nine months before reaching the mandatory retirement age of 75. She was succeeded as Chief Justice by Richard Wagner, who was nominated by Prime Minister Justin Trudeau.

What is the title and publication year of one of Beverley McLachlin's articles discussing the Charter of Rights and Freedoms?

One of Beverley McLachlin's articles on the Charter is titled 'The Charter: A New Role for the Judiciary,' published in the Alberta Law Review in 1991. Another is 'The Role of the Court in the Post-Charter Era: Policy-Maker or Adjudicator?' published in the University of New Brunswick Law Journal in 1990.

What are the titles and publication years of Beverley McLachlin's novels?

Beverley McLachlin published her first novel, 'Full Disclosure,' in 2018. Her second novel, 'Denial,' was published in 2021, followed by 'Proof' in 2024.

What award did Beverley McLachlin's memoir receive?

Beverley McLachlin's memoir, 'Truth Be Told: My Journey Through Life and the Law,' published in 2019, won the Shaughnessy Cohen Prize for Political Writing in 2020.

How does Beverley McLachlin define the judicial function, particularly regarding 'conscious objectivity'?

Beverley McLachlin defines the judicial function as requiring 'conscious objectivity.' She explains this as the act of imagining oneself in the shoes of the different parties involved in a case to understand their perspectives, emphasizing that this consideration should be genuine rather than merely superficial.

What is Beverley McLachlin's view on the concept of 'legal certainty'?

McLachlin has challenged the notion of 'legal certainty,' which posits that there is a single correct legal answer discoverable through diligent judicial effort. She refers to this idea as a 'myth,' suggesting that legal outcomes can be more complex and less predetermined.

What did Mahmud Jamal observe about McLachlin's jurisprudence on federalism?

Mahmud Jamal observed that McLachlin's jurisprudence concerning Canadian federalism aligns with her stated judicial philosophy of being 'scrupulously non-partisan and impartial.' This suggests her approach to federalism cases reflected her commitment to judicial neutrality.

Which case does Beverley McLachlin cite as a paradigm case in Canadian law regarding judicial change?

McLachlin cites Edwards v Canada (Attorney General) as a paradigm case. In this case, the Judicial Committee of the Privy Council determined that women were eligible to sit in the Senate of Canada, demonstrating how courts can adapt the law to societal changes.

What is Beverley McLachlin's perspective on the role of courts in society?

McLachlin believes that courts are the ultimate guardians of societal rights within Canada's governmental system. She also expressed the view that the court should reflect the Canadian people, indicating a belief in the judiciary's connection to the public it serves.

What honors has Beverley McLachlin received from foreign governments or international organizations?

Beverley McLachlin was made a Commander of the Legion of Honour by the French government in 2008. She was also appointed a Commander of the Venerable Order of Saint John in 2006.

What is Beverley McLachlin's highest Canadian honor, and when was she appointed to it?

Beverley McLachlin was appointed a Companion of the Order of Canada in 2018. This honor is awarded for demonstrating the highest degree of merit to Canada and humanity, with a strict limit on living recipients.

Approximately how many honorary degrees has Beverley McLachlin received?

Beverley McLachlin has been awarded over 31 honorary degrees from various universities across Canada and internationally.

From which universities did Beverley McLachlin receive honorary degrees in 1990 and 1991?

In 1990, Beverley McLachlin received an honorary Doctor of Laws (LL.D.) from the University of British Columbia. In 1991, she received the same degree from the University of Alberta.

What is the motto associated with Beverley McLachlin's coat of arms?

The motto inscribed on Beverley McLachlin's coat of arms is 'Wisdom Compassion Justice'.

When was Beverley McLachlin nominated to the Court of Final Appeal in Hong Kong, and what is significant about this appointment?

Beverley McLachlin was nominated in March 2018 to serve as a non-permanent member of the Court of Final Appeal in Hong Kong. She is notable as the first Canadian judge appointed to this position, which draws foreign judges from common-law jurisdictions.

What criticisms have arisen regarding McLachlin's service on the Hong Kong Court of Final Appeal?

McLachlin's service on the Hong Kong court has faced criticism in light of the Hong Kong pro-democracy protests and the imposition of the National Security Law. Western observers view these developments as threats to civil liberties, and as a judge on the court, McLachlin would be expected to uphold this law in judgments.

What was the outcome of the motion at the Law Society of Ontario regarding McLachlin's Hong Kong appointment?

A motion at the Law Society of Ontario to condemn Beverley McLachlin's appointment to the Hong Kong Court of Final Appeal was defeated by a vote of 28 to 17 in February 2021.

What is Beverley McLachlin's current role in international jurisprudence?

In addition to her past role in Hong Kong, Beverley McLachlin serves as an international judge on the Singapore International Commercial Court.

What is the title of Beverley McLachlin's memoir, and when was it published?

Beverley McLachlin's memoir is titled 'Truth Be Told: My Journey Through Life and the Law,' and it was published in 2019.

What is the Chinese name for Beverley McLachlin?

Beverley McLachlin's name in traditional Chinese characters is 麥嘉琳, and in simplified Chinese characters, it is 麦嘉琳.

What is the Standard Mandarin transcription of Beverley McLachlin's name using Hanyu Pinyin?

The Standard Mandarin transcription of Beverley McLachlin's name using Hanyu Pinyin is Mài Jiālín.

What is the Yue (Cantonese) transcription of Beverley McLachlin's name using Jyutping?

The Yue (Cantonese) transcription of Beverley McLachlin's name using Jyutping is Mak6 Gaa1 Lam4.

What was Beverley McLachlin's role in the case of R v Hebert?

In R v Hebert [1990] 2 S.C.R. 151, Beverley McLachlin authored the majority judgment. This case is considered a leading Supreme Court of Canada decision concerning an accused person's right to silence under section seven of the Canadian Charter of Rights and Freedoms.

What was the subject of the Supreme Court of Canada case R v Zundel, in which McLachlin wrote the majority judgment?

In R v Zundel [1992] 2 S.C.R. 731, the Supreme Court of Canada, with McLachlin writing the majority judgment, struck down a provision in the Criminal Code that prohibited the publication of false news. The Court found this provision violated the freedom of expression guaranteed under section 2(b) of the Canadian Charter of Rights and Freedoms.

What is the title and journal of Beverley McLachlin's 2007 article discussing the Charter?

Beverley McLachlin authored the article 'The Charter 25 Years Later: The Good, the Bad, and the Challenges,' published in the Osgoode Hall Law Journal in 2007.

What is the title and publisher of Beverley McLachlin's book on the Canadian Law of Architecture and Engineering?

Beverley McLachlin co-authored 'The Canadian Law of Architecture and Engineering' with Wilfred J. Wallace, published in Toronto by Butterworths in 1987.

What is the title and journal of Beverley McLachlin's 2010 article on construction industry trials?

In June 2010, Beverley McLachlin published an article titled 'Judging the 'Vanishing Trial' in the Construction Industry' in Construction Law International.

What are the key components of Beverley McLachlin's coat of arms?

Beverley McLachlin's coat of arms features a crest with a great horned owl on pincers and a hockey stick. The escutcheon displays specific heraldic colors and symbols, including a bezant with a balance, and a chief with a pen nib between two lyres. The supporters are two black Labrador retrievers, each adorned with a collar and a pendant book bearing a livestock brand.

What is Beverley McLachlin's position on the role of judges in relation to societal values?

McLachlin has argued that courts may be justified in changing the law when such changes align with evolving societal values. This perspective suggests a dynamic view of law, where judicial decisions can reflect and adapt to societal shifts.

What is Beverley McLachlin's stance on the idea that judges can discover a single correct legal answer?

McLachlin has stated that the idea of 'legal certainty'—the belief that judges can find one definitive answer to a legal question—is a 'myth.' This suggests she views legal interpretation as more nuanced and less absolute.

What is the significance of the case Edwards v Canada (Attorney General) in relation to McLachlin's views?

McLachlin considers Edwards v Canada (Attorney General) a paradigm case. This case, where the Judicial Committee of the Privy Council ruled women could sit in the Senate, exemplifies how judicial decisions can reflect and enact changes in societal norms and rights.

What Canadian judicial bodies has Beverley McLachlin served on or chaired?

Beverley McLachlin served as a Puisne Justice and later as Chief Justice of the Supreme Court of Canada. She also served as Chief Justice of the Supreme Court of British Columbia and was a member of the British Columbia Court of Appeal and the County Court of Vancouver.

Beverley Mclachlin Wiki: The Honourable Beverley McLachlin: Architect of Canadian Justice

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Introduction

A Landmark Jurist

The Honourable Beverley Marian McLachlin, PC CC, stands as a monumental figure in Canadian legal history. Serving as the 17th Chief Justice of Canada from 2000 to 2017, she not only holds the distinction of being the longest-serving Chief Justice in the nation's history but also broke significant ground as the first woman to hold this esteemed position.

Shaping Justice

Her tenure was marked by a profound commitment to justice, a nuanced judicial philosophy, and a series of influential decisions that have shaped Canadian law and society. This overview delves into her extensive career, her intellectual contributions, and her enduring legacy.

Global Reach

Beyond her national role, Justice McLachlin has extended her influence internationally, serving on the Court of Final Appeal in Hong Kong and contributing to global legal discourse, demonstrating a commitment to justice that transcends borders.

Early Life and Education

Alberta Roots

Born Beverley Gietz on September 7, 1943, in Pincher Creek, Alberta, she was the eldest child of Ernest and Eleanora Marian Gietz. Her upbringing was influenced by her parents' deep religious convictions as fundamentalist Christians within the Pentecostal Church.

Academic Foundation

McLachlin pursued higher education at the University of Alberta, where she earned a Bachelor of Arts and a Master of Arts in Philosophy. She continued her academic excellence by completing her Bachelor of Laws (LL.B.), graduating as the top student and serving as the notes editor for the Alberta Law Review.

Family Life

Her first marriage was to Roderick McLachlin, with whom she had a son, Angus (born 1976). Tragically, Roderick passed away from cancer in 1988, shortly after her appointment to the British Columbia Supreme Court. In 1992, she married Frank McArdle, a lawyer and executive director of the Canadian Superior Courts Judges Association.

Distinguished Career Path

Legal Practice and Academia

Called to the Alberta bar in 1969, McLachlin practiced law before moving to British Columbia in 1971. She was called to the British Columbia bar and worked in private practice before transitioning to academia. From 1974 to 1981, she served as a professor at the University of British Columbia, contributing to legal scholarship.

Judicial Appointments

Her judicial career began with appointments to the County Court of Vancouver in 1981, followed by the Supreme Court of British Columbia later that year. She ascended to the British Columbia Court of Appeal in 1985 and was appointed Chief Justice of the Supreme Court of British Columbia in 1988.

Supreme Court of Canada

In 1989, Prime Minister Brian Mulroney appointed her to the Supreme Court of Canada. Her significant contributions included authoring landmark judgments such as R v Hebert on the right to silence and R v Zundel concerning freedom of expression. In 2000, she was appointed Chief Justice of Canada, a role she held for 17 years, becoming the longest-serving chief justice in Canadian history.

International Engagements

Following her retirement from the Supreme Court of Canada in 2017, Justice McLachlin continued her distinguished service. She was appointed a non-permanent judge of the Court of Final Appeal in Hong Kong in 2018 and also serves on the Singapore International Commercial Court, demonstrating her global legal influence.

Literary Contributions

Beyond her legal career, Justice McLachlin is also an accomplished author. She has published several legal thriller novels, including Full Disclosure (2018) and Denial (2021), and her memoir, Truth Be Told: My Journey Through Life and the Law (2019), earned her the Shaughnessy Cohen Prize for Political Writing.

Judicial Philosophy

Conscious Objectivity

Justice McLachlin articulated her judicial approach as requiring "conscious objectivity." This philosophy emphasizes the judge's duty to empathetically consider diverse perspectives and the realities faced by litigants, moving beyond mere adherence to precedent to understand the human impact of legal decisions.

Evolving Law and Society

She posited that courts are justified in adapting the law to reflect evolving societal values, viewing the judiciary as a crucial guardian of societal rights. McLachlin famously stated, "I think the court belongs to the Canadian people and it should reflect the Canadian people," underscoring her belief in a judiciary connected to the public it serves.

The Myth of Certainty

Challenging the notion of absolute legal certainty, McLachlin suggested that the idea of a single, discoverable legal answer is a "myth." This perspective acknowledges the inherent complexity and interpretive nature of law, particularly in constitutional matters.

Honours and Recognition

National and International Accolades

Justice McLachlin's extraordinary contributions have been recognized through numerous prestigious honours and awards, reflecting her profound impact on the legal landscape and public service.

Companion of the Order of Canada (2018)
Commander of the Legion of Honour (France, 2008)
Commander of the Venerable Order of Saint John (2006)

Extensive Honorary Degrees

Her academic achievements and public service have been acknowledged by over 31 honorary degrees from universities across Canada and internationally, a testament to her esteemed position in academia and law.

Selected Honorary Degrees
Location	Date	School	Degree
British Columbia	1990	University of British Columbia	Doctor of Laws (LL.D.)
Alberta	1991	University of Alberta	Doctor of Laws (LL.D.)
Ontario	1995	University of Toronto	Doctor of Laws (LL.D.)
Quebec	2003	Université de Montréal	Doctorate
Nova Scotia	2004	Dalhousie University	Doctor of Laws (LL.D.)
Manitoba	2004	University of Manitoba	Doctor of Laws (LL.D.)
Philippines	2006	Ateneo de Manila University	Doctor of Laws (LL.D.)
Scotland	2014	University of Edinburgh	Doctorate
Quebec	2015	Bishop's University	Doctor of Civil Law (DCL)
Alberta	2017	Lethbridge College	Bachelor of Applied Arts
Newfoundland and Labrador	2017	Memorial University of Newfoundland	Doctor of Laws (LL.D.)

Publications

Legal Scholarship

Justice McLachlin has authored significant legal texts and articles, contributing to the discourse on constitutional law, judicial philosophy, and the practice of law.

The Canadian Law of Architecture and Engineering (1987)
Articles on the Charter, judicial roles, and construction law.

Literary Works

Her foray into fiction and memoir showcases her narrative talent and provides unique insights into her life and experiences.

Full Disclosure (2018) - Novel
Truth Be Told: My Journey Through Life and the Law (2019) - Memoir
Denial (2021) - Novel
Proof (2024) - Novel

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References

A full list of references for this article are available at the Beverley McLachlin Wikipedia page

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Important Notice

This content has been generated by an AI model for educational purposes, drawing upon publicly available information. While efforts have been made to ensure accuracy and comprehensiveness, it is based on a snapshot of data and may not encompass all nuances or the most current developments.

This is not professional legal advice. The information presented here is intended for informational and academic exploration only and should not be considered a substitute for consultation with qualified legal professionals or thorough review of primary legal sources and official documentation.

The creators of this page are not liable for any errors, omissions, or actions taken based on the information provided herein.

The Honourable Beverley McLachlin

💡 Dive in with Flashcard Learning! 💡

Introduction ⚖️

🇨🇦 A Landmark Jurist

🏛️ Shaping Justice

🌍 Global Reach

Early Life and Education 👶

📍 Alberta Roots

🎓 Academic Foundation

👨‍👩‍👧‍👦 Family Life

Distinguished Career Path 🏛️

💼 Legal Practice and Academia

⚖️ Judicial Appointments

⭐ Supreme Court of Canada

🌐 International Engagements

✍️ Literary Contributions

Judicial Philosophy 🧠

🧐 Conscious Objectivity

📜 Evolving Law and Society

💡 The Myth of Certainty

Honours and Recognition 🏆

🏅 National and International Accolades

🎓 Extensive Honorary Degrees

Publications 📚

📖 Legal Scholarship

🖋️ Literary Works

Teacher's Corner 🧑‍🏫

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References

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📜 Important Notice

Dive in with Flashcard Learning!

Introduction

A Landmark Jurist

Shaping Justice

Global Reach

Early Life and Education

Alberta Roots

Academic Foundation

Family Life

Distinguished Career Path

Legal Practice and Academia

Judicial Appointments

Supreme Court of Canada

International Engagements

Literary Contributions

Judicial Philosophy

Conscious Objectivity

Evolving Law and Society

The Myth of Certainty

Honours and Recognition

National and International Accolades

Extensive Honorary Degrees

Publications

Legal Scholarship

Literary Works

Teacher's Corner

True or False?

Test Your Knowledge!

Gamer's Corner

Discover other topics to study!

References

Feedback & Support

Disclaimer

Important Notice