Beverley McLachlin
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| The Right Honourable Beverley McLachlin | |
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| Incumbent | |
| Assumed office January 7, 2000 |
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| Nominated by | Jean Chrétien |
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| Appointed by | Queen Elizabeth II |
| Preceded by | Antonio Lamer |
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| In office March 30, 1989 – January 7, 2000 |
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| Preceded by | William Rogers McIntyre |
| Succeeded by | Louis LeBel |
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| Born | September 7, 1943 Pincher Creek, Alberta |
Beverley McLachlin, PC (born September 7, 1943) is the Chief Justice of Canada, the first woman to hold that position.
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[edit] Early life
Born Beverley Gietz in Pincher Creek, Alberta, the eldest child of Ernest Gietz and Eleanora Kruschell, she received a BA and a MA in philosophy and an LL.B (winning the gold medal as top student) from the University of Alberta. She was called to the Bar of Alberta in 1969 and to the Bar of British Columbia in 1971. She practised law from 1969 until 1975. From 1974 until 1981 she was an Associate Professor and Professor with tenure at the University of British Columbia.
She has one son from her first marriage to Roderick McLachlin. Her first husband died in 1988 and she remarried in 1992 to Frank McArdle.
[edit] Career as a judge
In 1981 she was appointed to the County Court of Vancouver and then to the Supreme Court of British Columbia. In 1985 she was appointed to the British Columbia Court of Appeal and in 1988 was appointed Chief Justice of the Supreme Court of British Columbia. She was appointed to the Supreme Court of Canada on March 30, 1989 and was made Chief Justice of Canada on January 7, 2000.
Upon being sworn in to the Supreme Court of Canada, she also became a Deputy Governor General of Canada together with the other justices of the Supreme Court.
When Governor General Adrienne Clarkson was hospitalized for a cardiac pacemaker operation on July 8, 2005, Justice McLachlin served as the Administrator of the Government and performed the duties of the Governor General, including giving royal assent to the Civil Marriage Act, effectively legalizing same-sex marriage in Canada. She relinquished that task when the Governor General returned to good health in late July.
She is the Chairperson of the Canadian Judicial Council, Advisory Council of the Order of Canada, and Board of Governors of the National Judicial Institute. She is a Member of the Queen's Privy Council for Canada.
She has been awarded over 21 honorary Doctor of Laws degrees. She has also been awarded the Yes She Can Award from Balmoral Hall School in 2005 in Winnipeg, Manitoba.
[edit] Judgments
During her early years on the Supreme Court, she was characterized as a judge with libertarian leaning after her dissent in R. v. Keegstra, finding that the hate-speech criminal offences were unconstitutional, and her judgment in R. v. Zundel where she struck down the criminal offence of spreading false news. This was also seen to an extent in her decision of R. v. Sharpe where she upheld the child pornography criminal provisions, but limited it by excluding imaginative works that are for private use. During this, she also ruled that the laws should apply to fictional depictions, declaring that 'person' would include fictional people as well as real people.
Interpreting "person" in accordance with Parliament's purpose of criminalizing possession of material that poses a reasoned risk of harm to children, it seems that it should include visual works of the imagination as well as depictions of actual people. Notwithstanding the fact that 'person' in the charging section and in s. 163.1(1)(b) refers to a flesh-and-blood person, I conclude that "person" in s. 163.1(1)(a) includes both actual and imaginary human beings.
Among her more controversial decisions was her ruling in R. v. Seaboyer, where she struck down the rape shield law because it violated the right to a fair trial of those accused of sexual assault. Critics who had seen McLachlin as a groundbreaker for the advancement of women believed she had betrayed their cause.
[edit] See also
[edit] Notes
- ^ R. v. Sharpe (26 January 2001). Retrieved February 20, 2006.
[edit] External links
- Supreme Court of Canada - Chief Justice Beverley McLachlin
- The Canadian Encyclopedia - Beverley McLachlin
- Fundamental Freedoms: The Charter of Rights and Freedoms - Charter of Rights website with video, audio and the Charter in over 20 languages
| Legal offices | ||
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| Preceded by William Rogers McIntyre |
Puisne Justice of the Supreme Court of Canada March 30, 1989 – January 7, 2000 |
Succeeded by Louis LeBel |
| Preceded by Antonio Lamer |
Chief Justice of Canada January 7, 2000 – present |
Incumbent |
| Order of precedence | ||
| Preceded by Stephen Harper |
Canadian order of precedence | Succeeded by Edward Schreyer |
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