The Hon. Edward Then

This second interview with Justice Edward Then provides an in-depth examination of the evolution of management styles within Ontario’s Crown Law Office from 1972 to 1989. Then traces the office’s transformation from a small, informal operation of thirteen lawyers under Clay Powell to a highly professionalized department of thirty-six lawyers by the time he became Director in the mid-1980s. He details how successive directors – Powell, Rod MacLeod, Howard Morton, and himself – adapted their leadership approaches to accommodate rapid growth driven by Legal Aid expansion, Charter implementation, and increased Court of Appeal workload.

The interview also explores Then’s significant appellate practice, including high-profile cases like Buxbaum and Kelly in the Ontario Court of Appeal, and his extensive Supreme Court of Canada appearances. He reflects on landmark evidence law cases such as R. v. Wray and discusses the Charter’s revolutionary impact on criminal procedure, particularly sections 7 and 24. Then offers valuable insights into jury effectiveness, expressing strong confidence in juries’ ability to assess credibility despite concerns about their understanding of complex legal instructions.

The discussion concludes with observations about the changing role of Crown attorneys in the 1990s, noting a concerning shift from the traditional dispassionate advocate role toward partisan advocacy driven by victims’ rights movements. Then’s perspective spans the critical transition period when Ontario’s criminal justice system evolved from an informal, relationship-based operation to a modern, bureaucratized institution while grappling with Charter rights and increased caseloads.

This description was written by AI and may contain some inaccuracies.