Jump to content

Samuel Henry Strong

From Wikipedia, the free encyclopedia
The Right Honourable
Sir Samuel Henry Strong
PC
3rd Chief Justice of Canada
In office
December 13, 1892 – November 18, 1902
Nominated byJohn Thompson
Preceded byWilliam Johnstone Ritchie
Succeeded byHenri Elzéar Taschereau
Puisne Justice of the Supreme Court of Canada
In office
September 30, 1875 – December 13, 1892
Nominated byAlexander Mackenzie
Preceded byNone (new position)
Succeeded byRobert Sedgewick
Personal details
Born(1825-08-13)August 13, 1825
Poole, Dorset, England
DiedAugust 31, 1909(1909-08-31) (aged 84)
Ottawa, Ontario
Resting placeBeechwood Cemetery, Ottawa
SpouseElizabeth Charlotte Cane

Sir Samuel Henry Strong PC (August 13, 1825 – August 31, 1909) was a lawyer and the third Chief Justice of Canada.

Strong's period as Chief Justice was marked with inter-personal conflict, poor quality judicial decision-making, and supremacy of the Judicial Committee of the Privy Council in defining Canada's constitution.

Early life

[edit]

Strong was born in Poole, England, to Samuel Spratt Strong and Jane Elizabeth Gosse. He emigrated to Upper Canada with his family in 1836, settling in Bytown (later known as Ottawa). He studied law in the office of local Ottawa lawyer Augustus Keefer. He was called to the bar in 1849 and established his practice in Toronto. He was elected a bencher of the Law Society of Upper Canada in 1860 and was made a QC in 1863.[1] In 1869, Strong was appointed vice-chancellor of the Court of Chancery of Ontario.[2] In 1874 he was appointed to the Ontario Court of Error and Appeal.[2]

Following Canadian Confederation he advised Prime Minister Sir John A. Macdonald on the establishment of the Supreme Court of Canada.

Justice of the Supreme Court of Canada

[edit]

Strong was named to the new court when it was created in 1875.

Early in the Supreme Court's history, it was criticized for the length of time it took to publish decisions in the Supreme Court Reports. Often, justices of the court handed down decisions that were not formally prepared and consisting of directions the court would take, leading to cases not being reported. Historians Snell and Vaughan note that Justice Strong was amongst the worst for this habit, with the Registrar visiting his home and threatening him with not publishing his decisions to compel Strong to complete his work. In one case the Registrar published a note "The learned judge [Strong], having mislaid his judgment, directed the reporter to report the case without it".[3][4] By 1888, the Court's Registrar noted that 21 of 25 outstanding cases that had yet to be published were because Strong had not submitted his completed decisions.[5]

Strong had a difficult relationship with his fellow justices, and wrote to Prime Minister Macdonald to complain about Justice William Alexander Henry, even demanding his removal from the Court. Strong described Henry's judgements as "long, windy, incoherent, masses of verbiage" that misapplied applied the law, and characterized his conduct as "proof of the incompetency of the Supreme Court".[6] Strong also made private complaints about other judges, including Chief Justice Ritchie.[7] Disillusioned with the Court, Strong offered his resignation to Macdonald several times between 1884 and 1888. Although Macdonald eventually accepted the offer in 1888, Strong ultimately did not follow through with the resignation.[8]

As Chief Justice of Canada

[edit]

On December 13, 1892, Strong was appointed Chief Justice of Canada by Prime Minister John Sparrow David Thompson.

Historians Snell and Vaughan described the elevation of Strong to Chief Justice of the Court as a poor selection.[9] While Strong was a highly intelligent justice with an interest in the French civil law and language, Snell and Vaughan note that his personality was abrasive and his work ethic was poor.[9] Contemporary perception was also negative, with the Canada Law Journal commenting in 1896 that the Supreme Court did not have confidence of the legal profession from either English Canada or Quebec.[10]

As chief justice, Strong was described by his contemporaries as "overshadow[ing] everybody on the bench", and he "dominated without leading".[11] In an 1895 hearing, Strong became incensed with a lawyer arguing a case when he was referred to as "Mr. Strong", and left the hearing, only to return when he was sent for and apologized.[11] In the aftermath of the 1901 case King v Love, a lawyer made a written complaint to the Minister of Justice and the Colonial Secretary about Strong's behaviour.[12] In 1901, a lawyer laid assault charges against Chief Justice Strong for allegedly using violent language in the court room and later assaulting the lawyer in the hallway. Strong denied the allegations and the government ignored the issue.[13]

Strong was also known for his poor treatment of unskilled employees at the Supreme Court, including messengers and ushers, and he would often make complaints about employees that would result in their dismissal.[13] During the hearing of Chicoutimi v Price in 1898, Strong remarked an employee was incapable and should be fired in a loud enough voice the entire court could hear, however, those in the court believed the statement referred to a Quebec judge that had heard the case prior to the Supreme Court. Members of the Quebec bar were incensed by the attack on a French judge by the "arrogant English-speaking" Strong, and demanded his censure and retirement.[14] In another 1898 incident, Strong gave lawyers for an appellant less than a day’s notice to come from Toronto to attend a hearing in Ottawa. When the lawyers were unable to reach Ottawa in time, Strong's "stringent application of procedural rules" resulted in dismissal of the appeal and the Court rejecting a motion to rehear the case.[15] This was a scandal within the Ontario Bar, which passed resolutions attacking the Court. Prominent lawyer Britton Bath Osler led the movement calling on the Minister of Justice David Mills to dismiss both Strong and Gwynne. Mills threatened the Court with legislative action unless they adopted a rule to prevent the circumstances from occurring again.[16]

During his later years on the Court, Strong took several leaves of absences, including illness in 1892, 1893, 1897, 1898, 1900, 1901, and 1902, at times missing entire sittings of the Court.[17] While Strong occasionally had health issues, at other times his doctor reported he needed "rest and change" and provided a vague justification rather than a diagnosis.[17] His physical capabilities deteriorated, causing Strong to fall behind on drafting his decisions. The Department of Justice hired a stenographer to assist Strong, a role that eventually became the permanent secretary to the Chief Justice.[17]

There is considerable correspondence showing Strong held a deep animosity to Justice Gwynne, however, biographers Snell and Vaughan note that there is evidence of a friendship between Strong and Justice Girouard.[17]

Strong had a close relationship with Minister of Justice and Prime Minister Charles Tupper and the Conservative Party. In 1896, Strong was involved in the restructuring of Tupper's new cabinet by suggesting members, advice to who should represent the province of Ontario in cabinet, and policy on the Manitoba Schools Question.[18]

In 1902, Chief Justice Strong was appointed president of an arbitration board commission to settle a claim between San Salvador and the United States. Strong sided with the Americans, but caused an incident when the Salvadorian representative complained of Strong's offensive treatment and criticised his behaviour.[19]

During this time, Chief Justice Strong took several leaves of absence, requiring Justice Taschereau to take on additional responsibilities. However, Taschereau was annoyed with the arrangement, eventually in 1897 asking for more pay for the additional responsibilities, and in 1901 asking that someone else on the Court take on the additional responsibilities.[20] In 1902, Strong retired from the Court after Justice Minister Charles Fitzpatrick found a solution where Strong would receive his pension and a salary as the chairman of a commission to revise and consolidate the statutes of Canada.[21] At his retirement, Strong was the last of the original justices appointed in 1875 remaining on the Court.

At the Judicial Committee of the Privy Council

[edit]

In 1895, the Parliament of the United Kingdom amended the constituting documents of the Judicial Committee of the Privy Council to permit the Queen to summon a limited number of justices from the colonies.[22] In 1897, three colonial justices were named to the council, and Chief Justice Strong became the first Canadian justice to sit on the Judicial Committee of the Privy Council.[11] The appointment did not come with pay, so the Canadian government gave Justice Strong a travel allowance of $1,000, which Strong supplemented with his own funds.[23] Chief Justice Strong attended the committee from 1897 to 1900, remained a member until his death in 1909, and sat on 28 reported appeals and wrote eight decisions.[23][1]

Later life

[edit]

He died in 1909 at the age of 84 and was buried in Ottawa's Beechwood Cemetery.[1]

Legacy

[edit]

Strong had difficulties working with other members of the Supreme Court and counsel that appeared before him. In particular, Strong had a poor relationship with Justice Gwynne.[24] When Justice Minister Charles Tupper sought to remove justices Gwynne and Fournier due to their old age, Strong was described as "going out of his way" to approve and cooperate with Tupper.[25]

In his time as a judge, Snell and Vaughan note that Strong had a poor work ethic, describing him as "lazy".[26] Snell and Vaughan point to Strong's use of issuing an oral decision without a subsequent written version explaining the legal rationale. The lack of explanation or attempt to reconcile the arguments of counsel resulted in poor quality precedent that did not provide guidance to lower court judges or counsel.[27][ps 1][ps 2] Before his appointment to as Chief Justice, Strong offered his resignation to Prime Minister John A. Macdonald several times between 1884 and 1888, and in one instance noted that either justice Gwynne be removed or Strong would retire. Although Macdonald eventually relented and accepted Strong's resignation in 1888, Strong did not follow through with his resignation.[8] Prior to his appointment as Chief Justice, Senator James Robert Gowan wrote to Prime Minister Thompson to dissuade him from the appointment, noting Strong's poor work ethic and earlier attempts to retire from the Court.[9]

Historian Ian Bushnell notes that Chief Justice Strong was a dominant force on the Court, but did not display any leadership, and as a result "the court spiraled downward in the estimation of both the bar and the public".[28] Bushnell also notes that it was possible that Strong was suffering from undiagnosed mental illness beginning in the late 1880s.[28]

References

[edit]
  1. ^ a b c Benidickson 1994.
  2. ^ a b "Supreme Court of Canada - Biography - Samuel Henry Strong". 2014-08-05. Archived from the original on 2014-08-05. Retrieved 2020-05-21.
  3. ^ Snell & Vaughan 1985, pp. 36–37.
  4. ^ Milloy v Kerr, 1880 CanLII 5 (SCC), 8 SCR 474.
  5. ^ Snell & Vaughan 1985, p. 37.
  6. ^ Snell & Vaughan 1985, p. 39.
  7. ^ Snell & Vaughan 1985, p. 40.
  8. ^ a b Snell & Vaughan 1985, p. 45.
  9. ^ a b c Snell & Vaughan 1985, p. 53.
  10. ^ Snell & Vaughan 1985, p. 58.
  11. ^ a b c Snell & Vaughan 1985, p. 59.
  12. ^ Snell & Vaughan 1985, pp. 59–60.
  13. ^ a b Snell & Vaughan 1985, p. 60.
  14. ^ Snell & Vaughan 1985, pp. 60–61.
  15. ^ Snell & Vaughan 1985, p. 61.
  16. ^ Snell & Vaughan 1985, pp. 61–62.
  17. ^ a b c d Snell & Vaughan 1985, p. 63.
  18. ^ Snell & Vaughan 1985, p. 71.
  19. ^ Snell & Vaughan 1985, p. 70.
  20. ^ Snell & Vaughan 1985, p. 64.
  21. ^ Snell & Vaughan 1985, p. 65.
  22. ^ Snell & Vaughan 1985, p. 68.
  23. ^ a b Snell & Vaughan 1985, p. 69.
  24. ^ Snell & Vaughan 1985, p. 58, 63.
  25. ^ Snell & Vaughan 1985, p. 55.
  26. ^ Snell & Vaughan 1985, pp. 53, 78–79.
  27. ^ Snell & Vaughan 1985, pp. 78–79.
  28. ^ a b Bushnell 1992, p. 168.

Primary sources

[edit]
  1. ^ Fraser v Drew, 1900 CanLII 82, [1900] 30 SCR 241, Supreme Court (Canada)
  2. ^ Ontario Mining Company v Seybold, 1901 CanLII 80, [1901] 32 SCR 1, Supreme Court (Canada)

Works Cited

[edit]
[edit]
Retrieved from "https://en.wikipedia.org/w/index.php?title=Samuel_Henry_Strong&oldid=1296674902"