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1996 Oral History Interview

Judge Phil Baker

Judge
Interview Details
Year: 1996
Pages: 166
Status: Open

This extensive oral history interview with Senior Judge Phil Baker provides a comprehensive account of his legal career spanning over three decades on the bench in Kingston, Ontario. Baker, whose father was managing director of the Canadian National Institute for the Blind, followed an unconventional path to the judiciary after graduating from Osgoode Hall in 1954. He established a solo practice in Kingston with only $186 in the bank, specializing in criminal and divorce work, before his appointment as Deputy Magistrate in 1962.

Baker’s judicial career began during a period of minimal training – he was sworn in on his first day and immediately began hearing cases. His early years involved extensive travel throughout eastern Ontario, serving as a relief judge in multiple jurisdictions from Cornwall to Pembroke. He became a full Magistrate within six months and later served as Senior Judge for southeastern Ontario, overseeing court administration from Kingston to Scarborough. Baker was actively involved in the Provincial Judges Association, serving on the executive for five years and chairing the committee that helped establish discharge provisions in the Criminal Code.

The interview provides valuable insights into the evolution of Canadian criminal justice from the 1960s to 1990s, including changes in sentencing patterns, the introduction of legal aid, the Charter of Rights and Freedoms, and court administration reforms. Baker discusses the unique challenges of judging in a prison town like Kingston, the breakdown of social hierarchies in the community, and his innovative approaches to sentencing, including community service orders tailored to specific offences. His reflections on judicial independence, the role of preliminary hearings, and the importance of continuing judicial education offer significant perspectives on the development of the provincial court system in Ontario.

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

References

The following are a selection of topics discussed in this oral history.

Courts
  • County Courts
  • Family Court
  • Federal Court of Canada
  • Ontario Court of Appeal
  • Provincial Court of Ontario
  • Supreme Court of Canada
  • Supreme Court of Ontario
Educational Institutions
  • Osgoode Hall Law School
  • Queen's University Faculty of Law
  • University of Toronto Faculty of Law
Government Bodies
  • Canadian National Institute for the Blind
  • Correctional Service of Canada
  • National Parole Board
  • Ontario Provincial Police
Historical Events
  • Abolition of Capital Punishment
  • Charter of Rights and Freedoms Adoption
  • Provincial Courts Act 1968
  • World War II
  • Young Offenders Act Implementation
Jurisdictions
  • Belleville
  • Brockville
  • Cornwall
  • Eastern Ontario
  • Kingston
  • Napanee
  • Ontario
  • Ottawa
Law Firms
  • McCarthy TĂ©trault
  • McLaughlin McCauley
  • Robinson and Haines
Legal Cases
  • R. v. KGB
  • R. v. Stinchcombe
Occupations
  • Judge
Oral History Tags
  • Ontario Court of Justice
People Mentioned
  • Arthur Martin
  • Bora Laskin
  • Brian Lennox
  • Cecil Wright
  • Donald Spence
  • Fred Hayes
  • Glen Strike
  • Jack Sampson
  • John Robinette
  • Liv Sherwood
  • Ron Delisle
  • Tim Rigney
Professional Organizations
  • Canadian Bar Association
  • Kingston Criminal Defence Lawyers Association
  • Law Society of Ontario
  • Ontario Magistrates Association
  • Provincial Court Judges Association
Time Periods
  • 1940s
  • 1950s
  • 1960s
  • 1970s
  • 1980s
  • 1990s
Topics
  • Administrative Law
  • Charter Rights
  • Constitutional Law
  • Criminal Law
  • Evidence
  • Family Law
  • Judicial Independence
  • Legal Aid
  • Preliminary Hearings
  • Sentencing Law

Some of these references were generated by AI and may contain inaccuracies.

Archive Details

Archive Code: C 81-4-0-34
Title: Interviews with Phil Baker
Date: Nov. 1995 - Jan. 1996
Description: Textual records, Sound recordings
Physical Description: 1 file of textual records (includes 5 audio cassettes (ca. 270 minutes)
Restrictions: Closed until 30 Jan. 2011
Container Info: (Textual records are located in container B437271; sound recordings are located in container B436905)
Location: Interview conducted as part of the Provincial Court (Criminal) Project.

Scope: File consists of oral history records documenting the life and career of Phil Baker (b. 1926), a Toronto-area lawyer who was appointed a Magistrate in 1962, and was made a Provincial Court Judge in 1968. Interview topics include: World War II; University of Toronto; Osgoode Hall Law School; articling; sole practice, Kingston, 1954-1962; appointment as Magistrate, 1962; Provincial Court Judge, 1968; Senior Judge, Southeastern Ontario; Charter of Rights; effect of Young Offenders Act; Judges Association. Interviewer unknown. File includes five audio cassette recordings from a series of two interviews and a transcript (166 p.) with index.

File consists of oral history records documenting the life and career of Phil Baker (b. 1926), a Toronto-area lawyer who was appointed a Magistrate in 1962, and was made a Provincial Court Judge in 1968. Interview topics include: World War II; University of Toronto; Osgoode Hall Law School; articling; sole practice, Kingston, 1954-1962; appointment as Magistrate, 1962; Provincial Court Judge, 1968; Senior Judge, Southeastern Ontario; Charter of Rights; effect of Young Offenders Act; Judges Association. Interviewer unknown. File includes five audio cassette recordings from a series of two interviews and a transcript (166 p.) with index.