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1995 Oral History Interview

The Hon. Robert Walmsley

Judge
Interview Details
Year: 1995
Pages: 160
Status: Open

This extensive oral history captures Judge Robert Walmsley’s journey from a third-generation lawyer in rural Picton, Ontario, to becoming Associate Chief Judge of Ontario’s Provincial Court Family Division. Born in 1927 into a legal family, Walmsley articled with his father before joining the prominent Toronto firm Day, Wilson, Kelly, Martin and Morden in 1954. He returned to Picton as a partner in the family firm Walmsley & Walmsley, where he practiced general solicitor work until 1968.

Walmsley’s judicial career began in 1965 when he became Acting Family Court Judge, appointed by his father who was then serving part-time in that role. This informal appointment process contrasts sharply with today’s rigorous selection procedures. He became a full-time Provincial Court Judge in 1968 under the new Provincial Courts Act, serving three counties in Eastern Ontario. His rise through the judicial hierarchy included Senior Judge for the Eastern Region (1977) and Associate Chief Judge (1978-1990), working closely with Chief Judge Ted Andrews to develop judicial education programs and court administration.

The interview provides valuable insights into the evolution of family law, including the transition from the Juvenile Delinquents Act to the Young Offenders Act, the development of child protection legislation, and landmark Charter cases. Walmsley discusses several significant cases, including Sheena B. (blood transfusions and Jehovah’s Witnesses), custody disputes, and DNA paternity testing. His career spanned the transformation of provincial courts from informal, part-time arrangements to a sophisticated judicial system with extensive resources and training programs. After retirement in 1993, he continued as a per diem judge and became deeply involved in the judicial appointments process, reflecting on how accountability and transparency have improved the selection of judges.

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
  • Court of Appeal for Ontario
  • District Court
  • Family Court
  • Juvenile Court
  • Magistrates Court
  • Provincial Court Criminal Division
  • Provincial Court Family Division
  • Supreme Court of Canada
  • Unified Family Court
Educational Institutions
  • Osgoode Hall Law School
  • University of Toronto Faculty of Law
Government Bodies
  • Children's Aid Society
  • Crown Attorney's Office
  • Ministry of the Attorney General
Historical Events
  • Charter of Rights and Freedoms Adoption
  • Great Depression
  • Patriation of the Constitution
  • Provincial Courts Act 1968
  • Unified Family Court Pilot Project
  • World War II
  • Young Offenders Act Implementation
Jurisdictions
  • Eastern Ontario
  • Federal
  • Hamilton-Wentworth
  • Hastings County
  • Lennox & Addington County
  • Ontario
  • Prince Edward County
  • Provincial
  • Toronto
Law Firms
  • Day Wilson Kelly & Martin
  • McCarthy TĂ©trault
  • Walmsley & Walmsley
Legal Cases
  • Attersley v. Hambleton
  • CAS v. White
  • McGraw v. Samra
  • R. v. Askov
  • Sakuma v. Pickett
  • Sheena B.
  • Vicki Ellis case
Occupations
  • Judge
Oral History Tags
  • Ontario Court of Justice
People Mentioned
  • Al Russell
  • Allan Leal
  • Arthur Kelly
  • Arthur Martin
  • Cecil Wright
  • Chief Justice Howland
  • David Smout
  • Emerson Martin
  • Fred Hayes
  • Gordon Henderson
  • Ian Scott
  • John Morden
  • John Robinette
  • Judge Bill Little
  • Judge George Thomson
  • Judge Gerald Smith
  • Judge Main
  • Judge Maurice Genest
  • Judge Peter Nasmith
  • Kenneth Morden
  • Roland Wilson
  • Roy McMurtry
  • Smalley Baker
  • Ted Andrews
  • Tom Day
Professional Organizations
  • Canadian Association of Provincial Court Judges
  • Law Society of Upper Canada
  • Ontario Family Court Judges Association
  • Provincial Court Judges Association
Time Periods
  • 1920s
  • 1930s
  • 1940s
  • 1950s
  • 1960s
  • 1970s
  • 1980s
  • 1990s
Topics
  • Blood Transfusion Cases
  • Charter Rights
  • Child and Family Services Act
  • Child Protection Law
  • Child Welfare
  • Crown Wardship
  • Custody and Access
  • DNA Testing
  • Family Law
  • Judicial Administration
  • Juvenile Delinquents Act
  • Juvenile Justice
  • Legal Aid
  • Religious Freedom
  • Young Offenders Act

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

Archive Details

Archive Code: C 81-4-0-20
Title: Interviews with Robert Walmsley
Date: Jan. 1995 - Feb. 1995
Description: Textual records, Sound recordings
Physical Description: 1 file of textual records (includes 6 audio cassettes (ca. 330 minutes))
Restrictions: None
Container Info: (Textual records are located in container B437131; sound recordings are located in container B436746)
Location: Interview conducted as part of the Provincial Court (Criminal) Project.

Scope: File consists of oral history records documenting the life and career of Robert Walmsley (b. 1927), a lawyer who was appointed a Magistrate and later a Provincial Court Judge in 1968, subsequently becoming Senior Judge, Eastern Region (1977) and Associate Chief Judge of Family Court (1978). Interview topics include: University of Toronto; Osgoode Hall Law School; articling; Walmsley & Walmsley; Magistrate, 1968; Provincial Court Judge, Family Division, 1968; Senior Judge, Eastern Division, 1977; Associate Chief Judge, Family, 1978; change in Young Offenders Act; Provincial Judges Association; select cases. Interview conducted by Christine J.N. Kates. File includes six audio cassette recordings from a series of two interviews and a transcript with index (160 p.).

File consists of oral history records documenting the life and career of Robert Walmsley (b. 1927), a lawyer who was appointed a Magistrate and later a Provincial Court Judge in 1968, subsequently becoming Senior Judge, Eastern Region (1977) and Associate Chief Judge of Family Court (1978). Interview topics include: University of Toronto; Osgoode Hall Law School; articling; Walmsley & Walmsley; Magistrate, 1968; Provincial Court Judge, Family Division, 1968; Senior Judge, Eastern Division, 1977; Associate Chief Judge, Family, 1978; change in Young Offenders Act; Provincial Judges Association; select cases. Interview conducted by Christine J.N. Kates. File includes six audio cassette recordings from a series of two interviews and a transcript with index (160 p.).