The Hon. Rod Clarke

Justice Roderick Clarke discusses his journey from growing up as an anglophone in Quebec City to becoming a Provincial Court Judge in Thunder Bay. Born in 1933, Clarke studied at the University of New Brunswick Faculty of Law where he was taught by future Supreme Court Justice Gerald LaForest. After articling with the prestigious firm Hughes, Dixon, Cochrane & Stevenson in New Brunswick (whose partners all later became judges), he moved to Ontario where he worked briefly at National Trust before articling again with Allan Hollingworth (later Justice of the Supreme Court of Ontario).

Clarke established a successful litigation practice in Thunder Bay in the late 1960s, specializing in criminal law and civil litigation. He was deeply involved in Liberal Party politics, serving as president of riding associations and campaign manager. His most notable civil case involved successfully suing Canada Trust for negligent estate administration, drawing on his trust company experience. In 1974, he was appointed to the Provincial Court Criminal Division at age 41, taking a significant salary reduction but gaining job security and judicial independence.

As a judge, Clarke presided throughout northern Ontario, from Thunder Bay to remote fly-in courts. He was heavily involved in the Provincial Judges Association during the difficult salary disputes of the 1970s-1980s, serving as president during 1984-85 when judges threatened strike action over pay inequity with federally appointed judges. Clarke discusses the impact of major legal reforms including the Charter of Rights and Freedoms, the Young Offenders Act, and changes in criminal procedure. He authored several significant Charter decisions, most notably Hudson v. Curtis dealing with reverse onus provisions. Clarke reflects positively on his judicial career, appreciating both the intellectual challenges and the contribution to justice administration.

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