Chief Justice of Canada visits the U of M

Chief Justice of Canada, Beverley McLachlin, visited the University of Manitoba to inaugurate the first “DeLloyd J. Guth Visiting Lecture in Legal History” on Oct. 28.

The lecture series was created this year in honor of Professor DeLloyd J. Guth, a professor in the faculty of law at the U of M. The lecture was entitled “Louis Riel: Patriot Rebel” and was held in the Moot Court Room of Robson Hall.

McLachlin spoke of Louis Riel’s actions, of his high treason trial and the legacy and lessons he has left behind. She noted that 125 years after his execution, he continues to command Canada’s attention.

“To understand Canada, I think we have to come to grips with Louis Riel the person, Louis Riel the victim of the justice system,” she said.

McLachlin spoke of the initial contact between settlers from Ontario, and the conflicts and rebellions that would follow. She noted Louis Riel’s dedication to the Métis people and of his dreams to secure a place for them in Manitoba.

“He felt he had a religious mission at this point, and he felt he had a mission to save the Métis and to secure their rights,” she said.

Two of Riel’s initial successes included achieving provincial status for Manitoba as well as the guarantee of both English and French in the courts, thus achieving bilingual justice, she said.

McLachlin spoke of the execution of Orangeman Thomas Scott during the Red River Rebellion of 1869, which forced Riel into exile in the United States.

“Riel emerged as an outlaw, a mentally troubled person,” she said.

Although Riel is viewed by many to be a murderer and a rebel, according to the Chief Justice, she argued that Riel sought peaceful agitation in order to get recognition for basic rights. She made note of the fact that, at the time, there was no other way for Riel to bring grievances to the government.

“Our law today would provide a remedy. [ . . . ] We have a charter; we have many other developed legal avenues of recourse whereby people who feel that they have a grievance can bring this to the attention of the governments,” she said, referring to his execution.

McLachlin explained that Louis Riel can be viewed as a symbol of the values that Canada proudly embraces today, such as respect and accommodation.

“Like many Canadians, Louis Riel was a composite; He was Métis, Québécois, Aboriginal, Catholic, eastern and western. [ . . . ] While he speaks to individual and community identities, he embodies in himself [ . . . ] the pluralistic nature of Canada,” she said.

McLachlin’s two main lessons to be taken from Riel’s legacy: the importance of the rule of law, and the need to take the rights of minorities seriously, more specifically those of the Aboriginal people.

“He teaches us that we must make justice for all, the despised as much as the privileged,” she continued. “These lessons are as relevant today as they were when Louis Riel was hanged.”
McLachlin was appointed to the Supreme Court of Canada in 1989 and assumed office as Chief Justice of Canada on Jan. 7, 2000.

“Speakers like the chief justice bring a unique perspective and experience, since they are practitioners who have been involved in decisions that affect the political and judicial environment of our country,” said George MacLean, head of the political studies department at the U of M.

Guth and his family — who wished to provide an endowment in hopes of sustaining legal history within the curriculum and securing its place in the Robson Hall culture — created the lecture series.

“It was natural to me [ . . . ] for the first visiting lectureship in the faculty to have someone of her stature give the first lecture in legal history,” said Guth.

“When she was in law school at the University of Alberta and onwards, there were no women judges. [ . . . ] She certainly has been a role model for women in the legal profession and the bench,” said Guth.

Guth said the lecture series will focus solely on issues pertaining to legal history and will continue to occur once annually.