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1999 Oral History Interview

The Hon. John Turner

Interview Details
Year: 1999
Pages: 32
Date: Jan 1970
Interviewer: Christine J.N. Kates
Location: Osgoode Society
Status: Open

This interview with former Justice Minister John Turner provides valuable insights into his role in appointing Bora Laskin to the Supreme Court of Canada in 1970 and Laskin’s subsequent elevation to Chief Justice in 1973. Turner discusses the Canadian Bar Association committee system he established for judicial appointments, featuring three senior members from each province chaired by Jack Campbell. He reveals that Prime Minister Trudeau was particularly influential in Laskin’s appointment due to their shared academic backgrounds and constitutional views, though the appointment was controversial in Western Canada and Quebec.

Turner offers candid observations about Laskin’s personality and judicial relationships, noting tensions with Federal Court Chief Justice Wilbur Jackett and conflicts with Justice Willard Estey that led to Estey’s early retirement. The interview covers significant legal developments including the Breathalyser Reference case, which was Laskin’s first major Supreme Court decision, and Turner’s role in drafting the Federal Court Act. Turner also discusses his opposition to Trudeau’s controversial decision to appoint Laskin as Chief Justice over the more senior Justice Ronald Martland, breaking the traditional seniority system.

The discussion extends to broader judicial reforms, including changes to the Supreme Court Act regarding leave to appeal procedures that Turner initiated to manage the court’s growing workload. Turner reflects on the transition from Diefenbaker’s Bill of Rights to the later Charter of Rights and Freedoms, expressing his preference for the more limited legislative approach over constitutional judicial activism.

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
  • Court of Appeal of British Columbia
  • Court of Appeal of Quebec
  • Exchequer Court
  • Federal Court of Canada
  • Ontario Court of Appeal
  • Supreme Court of Canada
Educational Institutions
  • McGill University
  • University of New Brunswick
Government Bodies
  • Canadian Judicial Council
  • Department of Justice
  • Human Rights Commission
Historical Events
  • Abolition of Privy Council Appeals 1949
  • Charter of Rights and Freedoms Adoption
  • Patriation of the Constitution
  • Quebec Referendum Case
Jurisdictions
  • Alberta
  • British Columbia
  • Federal
  • New Brunswick
  • Ontario
  • Quebec
  • Saskatchewan
  • Western Canada
Law Firms
  • Blake Cassels
  • Brais Campbell
  • Fraser Milner
  • Lang Michener
  • McCarthy Tétrault
  • McMillan Binch
Legal Cases
  • Breathalyser Reference
People Mentioned
  • Arthur Martin
  • Bora Laskin
  • Bryce MacKasey
  • Cedric Ritchie
  • Don Maxwell
  • Don Wright
  • Emmett Hall
  • Francis Saville
  • Frank Collier
  • George McIlraith
  • Gerald LeDain
  • Gerard LaForest
  • Gordon Fairweather
  • Israel Asper
  • J.T. Richard
  • Jack Campbell
  • Joe Greene
  • John Diefenbaker
  • John Matheson
  • John Richard
  • John Turner
  • Joseph Fauteux
  • Louis-Philippe de Grandpré
  • Lyman Duff
  • Philippe Brais
  • Pierre Trudeau
  • Robert Taschereau
  • Ronald Martland
  • Roy Kellock
  • Walter Williston
  • Wilbur Jackett
  • Willard Estey
Professional Organizations
  • Canadian Bar Association
  • Diefenbaker Foundation
  • Junior Bar of Montreal
Time Periods
  • 1960s
  • 1970s
  • 1980s
Topics
  • Administrative Law
  • Bill of Rights
  • Breathalyser Testing
  • Charter Rights
  • Constitutional Law
  • Criminal Law
  • Federal Court Jurisdiction
  • Impaired Driving
  • Judicial Appointments
  • Leave to Appeal

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

For information about this oral history, please contact the Osgoode Society.