ADDARIO
ADDERMAN
ADDIE
ADDIS
ADDISON
ADDARIO o@ca.on.york_county.toronto.globe_and_mail 2007-11-26 published
Judge breathed creative life into the Charter
'His judgments reflected a belief that judges were, above all,
independent, principled guardians of the Constitution'
By Kirk MAKIN,
Justice
Reporter,
Page
S10
Former chief justice Antonio
LAMER - one of the longest-serving
and most influential judges in Canadian history - died Saturday,
several weeks after recurring heart trouble and failing health
forced him into an Ottawa hospital.
Appointed to the Supreme Court of Canada in 1980, Mr.
LAMER,
74, spent his 20 years on the court consolidating his reputation
as a renowned law reformer who was determined to breathe creative
life into the Charter of Rights and Freedoms.
When he retired in 2000 - after being chief justice for a decade
- Mr. LAMER was more closely identified with the protection of
the rights of the accused than any judge in the country.
"I think Canada should be very grateful for the fact that it
had a criminal expert with his vision on the court at the time
the Charter was enacted," Queen's University law professor Don
STEWARD/STEWART/STUART said in an interview yesterday.
"He was not just an expert, but a very imaginative judge whose
judgments made a significant contribution to the development
of criminal law under the Charter."
Mr.
Justice
James
MacPHERSON of the Ontario Court of Appeal said
that Mr. LAMER had an enormous thirst for Charter interpretation
and soon became the court's most prolific writer and influential
thinker.
"He was a very energetic, intellectual and friendly man, and
a terrific colleague who was always willing to shoulder extra
work," said Judge
MacPHERSON, who served as the Supreme Court's
executive legal officer in the early 1980s.
A famed Montreal criminal lawyer who acted in numerous sensational
trials, Mr.
LAMER also served as chairman of the Law Reform Commission
of Canada at its height in the late 1970s.
"He was a great civil libertarian," Criminal Lawyers Association
president Frank
ADDARIO said. "His judgments reflected a belief
that judges were, above all, independent, principled guardians
of the Constitution. He was unafraid to disappoint the government
or the police. He made a great contribution to modernizing criminal
law."
Mr. LAMER was one of a troika of judges in the mid-1980s who
- alongside Chief Justice Brian Dickson and Madam Justice Bertha
Wilson - came to be identified with a willingness to strike down
legislation and reform controversial areas of law.
In particular, Mr.
LAMER was instrumental in interpreting the
moral culpability involved in certain crimes, the right to legal
counsel and the right to be free of improper search and seizure.
However, his track record also transformed him into something
of a judicial lightning rod when a conservative backlash against
the Charter began to take root in the 1990s. Mr.
LAMER was stung
by criticisms from the right, and went so far at one point as
to urge his fellow judges to strike back and defend their role.
"He has often been falsely tagged as being unremittingly pro-accused,"
Prof. STEWARD/STEWART/STUART said yesterday. "A fair look at his record shows
that he also not infrequently favoured the state's law-enforcement
interests."
During his time as chief justice, the Supreme Court bench was
staggered by illness and strong-minded individualists who frequently
wrote their own concurring or dissenting reasons for judgment.
Yet Mr. LAMER managed to forge a strong record for administrative
efficiency. He was proud of having eliminated the court's backlog
and issuing timely judgments.
Mr. LAMER worked at the law firm Stikeman Elliott until shortly
before his death. Last year, he produced a major inquiry report
on three wrongful murder convictions in Newfoundland.
He was also an independent commissioner of the Communications
Security Establishment, the national code-breaking agency.
Antonio LAMER was born in Montreal on July 8, 1933, and died
in Ottawa on November 24, 2007, of a cardiac illness. He was
74. He leaves his wife, Danièle
TREMBLAY, son Stéphane and stepchildren
Jean-Frédéric and Mélanie.
Some of the key rulings in which Mr.
LAMER authored the majority
decision
R v. Collins The decision set important legal tests for the exclusion
of evidence illegally obtained by police.
R v. Swain The court struck down the automatic detention of those
acquitted of crimes on grounds of insanity.
R v. Smith The ruling struck down a mandatory minimum prison
sentence of seven years for those convicted of importing marijuana.
Reference re. S. 94(2) of the British Columbia Motor Vehicle
Act The court said that when looking for violations of the right
to life, liberty and security of the person, judges could look
beyond the fairness of mere procedures and decide whether the
actual substance of a law was fair.
R v. Vaillancourt A constructive murder provision was struck
down because the accused man - whose accomplice in a robbery
had killed a bystander - did not have the requisite "guilty mind"
to be found guilty of murder.
R v. Bartle One of several cases where he played a central role
in carving out a broad right to legal counsel.
R v. O'Connor The defence was given a right to see records involving
what a sexual-assault complainant told her therapist.
Delgamuukw The court had previously viewed aboriginal rights
as frozen based on their status when Europeans arrived in Canada.
It granted broad rights to aboriginal title on disputed lands.
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ADDERMAN o@ca.on.york_county.toronto.globe_and_mail 2007-11-23 published
McGILLIVRAY,
Doctor
Duncan
Wray
On Wednesday, November 21, 2007, in Burlington, Wray "Muggs"
McGILLIVRAY in his 79th year. Beloved husband of Faye (née
ADDERMAN)
McGILLIVRAY.
Much loved father of Janis
McGILLIVRAY and her husband
Alain LAMOUREUX,
Judy
DARLING and her husband Jack, Dan
McGILLIVRAY
and his wife
Louise and Trish
RAITHBY and her husband Andy. Cherished
grandfather of Marc, Jeffrey, Matt, Kate, Anne, Maddy, Michael
and Aimee. Predeceased by his sister Bernice
HARVEY and brother
Donald McGILLIVRAY.
Wray is also lovingly remembered by his sister-in-law
Rhea McGILLIVRAY and her children, Donald, Catherine, Jane, David,
and their families. The family would like to express their appreciation
to Doctor N.
WRIGHT,
Doctor
C.
RAGONETTI and the staff at the Village
of Tansley Woods for their care and kindness. Private Cremation.
Visitation at Smith's Funeral Home 1167 Guelph Line, (one stoplight
north of Queen Elizabeth Way) Burlington (905-632-3333) on Saturday
3-5 and 7-9 p.m. A Service of Remembrance to celebrate Wray's Life
will be held on Sunday, November 25, 2007 at 12: 30 p.m. at the
Funeral Home. If desired, in lieu of flowers, expressions of
sympathy to the Parkinson Society Canada or the charity of your
choice would be sincerely appreciated by the family. www.smithsfh.com
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ADDIE o@ca.on.york_county.toronto.globe_and_mail 2007-11-30 published
HELWIG,
Joy (née Joyce Mary
ADDIE)
Beloved wife of the late Gerald Vincent
HELWIG passed away on
the 25th of November 2007 at Beamsville, Ontario. It is with
sorrow the family announces her passing. Cremation was followed
by a private burial service at Mount Osborne Cemetery, Beamsville
and Memorial gathering at Albright Centre, Beamsville.
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ADDIS o@ca.on.grey_county.owen_sound.the_sun_times 2007-06-16 published
BIRR,
Arden
George
Following a courageous battle with cancer, at his home Thursday
June 14, 2007. Arden
BIRR of R.R.#6, Markdale and formerly of
Durham, in his 67th year. Beloved husband of Janette (née
DOBSON.)
Loving father of John (Peggy)
BIRR of R.R.#6, Markdale and Cheryl
(Paul HARVEY)
MOIR of Toronto. Arden will be sadly missed by
grandchildren Jeff, Trista and Emily, brothers Bill (Rose)
BIRR,
Robert (Joan)
PICKEN and William (Lynn)
PICKEN, sisters Marian
(Paul) PEARSON, Margaret (Dave)
ROUSE, Barb (Ron)
ADDIS and Shirley
(Clarke) TORRY and several nieces and nephews and their families.
Predeceased by his parents John and Mary (née
WHITE/WHYTE)
BIRR, brothers
Ron BIRR and sister Margaret
ROBINSON.
Friends may call at the
Fawcett-McEachern Funeral Home and Cremation Centre, Durham on
Saturday from 2-4 p.m. and 7-9 p.m. Funeral Service will be held
at the Royal Canadian Legion, Durham at 2 p.m. on Sunday June 17,
2007. As expressions of sympathy donations to Centre Grey Health
Services Foundation, Markdale or the Canadian Cancer Society
would be appreciated.
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ADDISON o@ca.on.grey_county.owen_sound.the_sun_times 2007-10-17 published
ROCHFORD,
Stella (formerly
PRIEBE, née
JANKE)
After a long illness, Stella joined hands in the afterlife with
her late husband Richard on October 16, 2007 in Cambridge at
the age of 77. She will be sadly missed by her children, Lynne
(Karl) MARCY,
Carol
(Glen)
MILLER and Tim (Maria) and her grandchildren
Catia, Andie, Colleen, Natasha and Melanie. She is survived by
her siblings, Verna
ERB,
Myrtle
PAYNE, Audrey
WHITE/WHYTE, Earl
JANKE,
Arthur JANKE, Selma
LOCKHART, Don
JANKE and Howard
JANKE. She
was predeceased by siblings; Roy
JANKE,
Stanley
JANKE, Lester
JANKE,
Leila
ADDISON, Ruby
PENDERGAST as well as her parents
Walter and Christine
JANKE and her adoptive parents Christian
and Minnie
PRIEBE.
Christian and Minnie adopted Stella when she
was six years old after the death of Christine. Visitation will
be held on Thursday, October 18, 2007 at Cameron Funeral Home,
Chesley from 12 noon until 2: 00 p.m. at which time the service
to celebrate Stella's life will be held in the Chapel. She will
be placed in her final resting place at Chesley Cemetery beside
her beloved Richard who passed from this life in 1995. As per
Stella's requests, in lieu of flowers, donations to a charity
of your choice would be appreciated as expressions of sympathy
by the family as well as her wish for everyone to dress casually.
www.cameronfuneralhomes.com Cameron Funeral Home, Chesley (519) 363-2525.
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ADDISON o@ca.on.york_county.toronto.globe_and_mail 2007-01-09 published
HEWITT,
Roberta
Annette
Shaughnon (née
BARNECOTT)
Peacefully, at Toronto on Monday, January 1, 2007. Born in Aylmer,
Ontario, she was the daughter of the late Roberta and Tom
BARNECOTT.
Cherished wife of the late Maurice Connell
HEWITT.
Beloved mother
of Annette (Clarke
ADDISON) and Maureen
HEWITT, both of Toronto.
Loved grandmother of grand_sons Alexander, Connell and Brent and
grand-daughter Taylor. A private service was held on Friday,
January 5th at the Humphrey Funeral Home - A.W. Miles Chapel,
Toronto. Officiant The Reverend Allan
LOGAN. Donations in Roberta's
memory may be made to The Children's Wish Foundation 95 Bayly
Street West, Unit #404, Ajax Ontario L1S 7K8.
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