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"ADD" 2007 Obituary


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.

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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. 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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