Lexis Nexis Reflections on the Legacy of Justice Bertha Wilson
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"Even in the face of contrary sentiment, she demonstrated the courage to stand up and fight for what she believed was right."
- From the Preface by The Right Honourable Madame Justice Beverley M. McLachlin, P.C., Chief Justice of Canada
Justice Bertha Wilson's Lasting Legacy
Bertha Wilson, the Supreme Court of Canada's first female judge, famously posed the question, will women judges really make a difference?
This collection of essays reflects on Justice Wilson's legacy, and the differences she made during her landmark tenure at the Supreme Court of Canada. Wilson's appointment in 1982 coincided with the enactment of the Charter of Rights and Freedoms.
Justice Wilson made significant contributions to the prominent issues of her era, and especially to the Charter jurisprudence, including:
- Family law, torts, criminal law, and administrative law
- Landmark opinions on immigration law, abortion, equality, the contextual approach, and section 1 of the Charter
- The interpretation of key Charter rights such as liberty and equality
- Rights of the accused
The authors comprise a mix of scholars from different generations and provinces, including some of Justice Wilson's colleagues and law clerks. Their diverse perspectives prompt further consideration of her groundbreaking achievements, her decision making, and landmark judgments that have shaped Canadian law.
Key Themes in Justice Wilson's Career
- What was Justice Wilson's relationship with feminism? Was she was a "feminist" judge?
- What did Justice Wilson mean by her question about women judges making a difference? How might one answer this question today, 26 years after her Supreme Court appointment?
- How did she emerge as the strongest advocate of the Charter rights of liberty and equality?
- How did her views influence the law, even when she wrote dissenting or concurring opinions?
- Why does so much controversy surround Justice Wilson's activism?
Special Features
- Abstracts for quick review of each paper
- Preface by the Chief Justice of Canada, The Right Honourable Beverley McLachlin
- Eulogy by The Honourable Mr. Justice James MacPherson of the Ontario Court of Appeal
- Chronological table of Justice Wilson's Supreme Court of Canada opinions
Who Should Buy This Book
- Academics interested in Justice Wilson as a pioneer, pathbreaker, and feminist; the role of "activist judges"; and women in the legal profession
- Constitutional/criminal practitioners who wish to raise policy arguments before the court, following Justice Wilson's example
Table of contents
In Memoriam – Justice James MacPherson
Preface – The Right Honourable Beverley McLachlin
Editor's Introduction – Professor Jamie Cameron
"Contextualizing" Bertha Wilson: Wilson as a Woman in Law in Mid-twentieth Century Canada – Professor Mary Jane Mossman
Madam Justice Bertha Wilson and the Politics of Feminism – Professor Constance Backhouse
Voicing an Opinion: Authorship, Collaboration and the Judgments of Justice Bertha Wilson – Professors Marie-Claire Belleau and Rebecca Johnson, and Ms. Christina Vinters
Feminist Pragmatism in the Work of Justice Bertha Wilson – Professor Colleen Sheppard
What is Left of Pelech? – Professor Robert Leckey
Precedent, Principle, and Pragmatism: Madam Justice Wilson and the Expansion of Canadian Tort Law – Professor Kate Sutherland
A Due Measure of Fear in Criminal Judgment – Professor Benjamin Berger
Bertha Wilson: A Classically Liberal Judge – Professor Kent Roach
Justice Wilson's Administrative Law Legacy: The National Corn Growers Decision and Judicial Review of Administrative Decision Making – Professor Philip Bryden
Justice Wilson and the Charter: An Engagement to Keep – Tanya Lee
Working With Bertha Wilson: Perspectives on Liberty, Judicial Decision Making, and a Judge's Role – Robert Yalden
The Dutiful Conscript: Justice Wilson, Originalism, Charter Rights and Limits – Professor Adam Dodek
Justice in Her Own Right: Bertha Wilson and the Charter of Rights and Freedoms – Professor Jamie Cameron
Appendix A: SCC Cases 1982–1991 by Justice Bertha Wilson – Professors Marie-Claire Belleau and Rebecca Johnson, Ms. Christina Vinters, and Mr. Andrew Tomilson
