The. Hon Emmett Hall

This extensive oral history interview with Justice Emmett Matthew Hall (1898-1994) provides a comprehensive overview of one of Canada’s most influential jurists. Born in Quebec and raised in Saskatchewan, Hall articled with prominent Saskatoon firms before establishing a successful litigation practice specializing in insurance defense and criminal law. His early career included notable cases like Glenn & Babb v. Schofield at the Supreme Court of Canada in 1928 and defending participants in the 1935 Regina Trekkers Riot.

Appointed Chief Justice of Saskatchewan’s Trial Division in 1957 by John Diefenbaker, Hall was elevated to the Court of Appeal in 1961 and then to the Supreme Court of Canada in 1963 under Lester Pearson. During his decade on the nation’s highest court, Hall became known for his progressive approach to criminal law, consistently favoring individual rights over state power in cases involving police conduct, confession evidence, and criminal procedure. He frequently dissented in favor of accused persons, reflecting his background as a defense lawyer.

Hall’s most significant contributions came in constitutional law, particularly regarding Indigenous rights and human rights. His groundbreaking judgment in Calder v. British Columbia (1973) recognized Aboriginal title as a legal right predating European colonization, fundamentally reshaping Canadian law on Indigenous land claims. He also championed equality rights under the Canadian Bill of Rights in cases like Drybones and Lavell, often taking more expansive views than his colleagues. Beyond the judiciary, Hall chaired important Royal Commissions on health care and education, helping establish the foundations of Canada’s universal healthcare system.

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