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2003 Oral History Interview

Mr. Tim McCabe

Interview Details
Year: 2003
Pages: 48
Date: Nov 2003
Status: Open

John Timothy St.Clair McCabe joined Ontario’s Crown Law Office Civil in 1973 after articling at Tory, Tory, Deslauriers & Binnington and studying law at University of Toronto. He became the province’s leading Aboriginal law specialist, working on groundbreaking cases that helped develop this emerging field of law from the 1970s through the 1990s. His practice coincided with the rise of Aboriginal activism and the constitutional entrenchment of Aboriginal rights in 1982.

McCabe’s most significant case was the Temagami land claim, which began in 1974 when he was asked to investigate cautions registered against Crown land for a proposed ski resort. This case occupied much of his career, resulting in successful outcomes at trial, the Ontario Court of Appeal, and the Supreme Court of Canada in 1991. He worked closely with various Attorneys General, particularly Roy McMurtry and Ian Scott, who took keen interest in Aboriginal matters during constitutional negotiations and major land claims.

Throughout his career, McCabe argued before the Supreme Court of Canada and Ontario Court of Appeal, often working extensive hours researching historical documents and preparing comprehensive legal arguments. He emphasized the scholarly nature of Aboriginal law, which required deep understanding of Canadian history and innovative legal approaches. Upon retiring in 1999, he helped train his successor Rhea Tzinas, ensuring continuity in the province’s Aboriginal law practice.

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
  • Federal Court of Canada
  • Ontario Court of Appeal
  • Ontario Court of Justice
  • Ontario High Court of Justice
  • Supreme Court of Canada
Educational Institutions
  • Osgoode Hall Law School
  • University of Toronto Faculty of Law
Government Bodies
  • Crown Law Office Civil Division
  • Ministry of Justice Canada
  • Ministry of Natural Resources
  • Ministry of the Attorney General
  • Ontario Native Affairs Secretariat
Historical Events
  • Charlottetown Accord
  • Charter of Rights and Freedoms Adoption
  • Ipperwash Crisis
  • Meech Lake Accord
  • Patriation of the Constitution
Jurisdictions
  • Canada
  • Federal
  • Ontario
Law Firms
  • McCarthy TĂ©trault
  • Tory Tory DesLauriers & Binnington
Legal Cases
  • Bear Island Foundation v. Ontario
  • Chippewa of Sarnia v. Ontario
  • Howard v. Ontario
Oral History Tags
  • Ministry of the Attorney General
People Mentioned
  • Alan Leal
  • Alan Pope
  • Archie Campbell
  • Arthur Wishart
  • Bill Henderson
  • Blenus Wright
  • Bruce Clark
  • Bruce Clarke
  • Bud Wildman
  • Charles Dubin
  • Dalton Bales
  • David Mundell
  • Earl Cherniak
  • Frank Callaghan
  • Gary Potts
  • Howard Hampton
  • Hugh Paisley
  • Ian Scott
  • Jack Johnson
  • Julian Polika
  • Kerry Wilkins
  • Lorie Sterling
  • Marion Boyd
  • Mark Krasnick
  • Morris Manning
  • Paul Cosgrove
  • Paul Williams
  • Rhea Tzinas
  • Robert Welch
  • Roy McMurtry
  • Scott Macaulay
  • Tom Marshall
  • Tom Wickett
Professional Organizations
  • Canadian Bar Association
  • Law Society of Upper Canada
  • Ontario Mineral Prospectors Association
Time Periods
  • 1970s
  • 1980s
  • 1990s
Topics
  • Aboriginal Law
  • Administrative Law
  • Charter Rights
  • Civil Litigation
  • Constitutional Law
  • Crown Liability
  • Fiduciary Obligations
  • Land Claims
  • Treaty Rights

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

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