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My Life in Crime and Other Academic Adventures

My Life in Crime and Other Academic Adventures

  • Book Info
    My Life in Crime and Other Academic Adventures
    Book Description:

    My Life in Crime and other Academic Adventuresreflects upon a life devoted to education, scholarship, and the law, and is an insider account of public policy issues that have come to shape life in this country in the twentieth century and beyond.

    eISBN: 978-1-4426-8464-5
    Subjects: Law

Table of Contents

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  1. Front Matter
    (pp. i-iv)
  2. Table of Contents
    (pp. v-vi)
  3. Foreword The Osgoode Society for Canadian Legal History
    (pp. vii-viii)
    R. Roy McMurtry and Jim Phillips

    Professor Martin Friedland has been involved in many areas of legal research and law reform in his career, and the Osgoode Society is very pleased to be able to publish his account of that involvement, especially as his public service includes many years as a director of the Society. This book examines his contributions and sets them in the broader context of public policy making across a range of issues. These include various aspects of criminal justice reform, securities regulation, judicial independence and accountability, anti-terrorism policy, and much more.

    The purpose of The Osgoode Society for Canadian Legal History is...

  4. Preface
    (pp. ix-2)
    Martin L. Friedland
  5. Prologue
    (pp. 3-25)

    In the spring of 1955, I went to see Caesar Wright, the dean of the University of Toronto Law School. His office was on the second floor of Cumberland House (then called Baldwin House), on the east side of St George Street. I was completing my fourth year of commerce and finance at the University and had just been selected to go on a World University Service study tour of West Africa. I would not be able to work over the summer to pay my tuition. Could the U of T law school assist me – I boldly asked –...

  6. 1 Legal Education
    (pp. 26-41)

    Classes started in Cumberland House in early September 1955. I returned home from Europe too late for the orientation program and so did not hear Caesar Wrightʹs or Sidney Smithʹs opening addresses. Had I been there, I am sure I would not have forgotten the event. I cannot recall whether I missed any classes. In any event, I have no recollection of my first class. All our classes were in the large north front room overlooking St George Street. The small legal library was across the hall.

    The class of about forty-five students was composed of talented and interesting individuals....

  7. 2 Articling and the Bar Ads
    (pp. 42-53)

    In our third year of law school we applied for articling positions. I did not apply to any non-Jewish firms. It was assumed that Jewish students would not be hired by the large firms, although this was not an absolute bar. Charles Dubin, for example, had articled during the war with Mason Foulds (now WeirFoulds), and Jack Geller, later a vice-chair of the Ontario Securities Commission, who was called to the bar several years ahead of me, articled and practised with Arnoldi Parry and Campbell (now part of Fasken Martineau DuMoulin). Stan Schiff, who was two years ahead of me...

  8. 3 Cambridge and Double Jeopardy
    (pp. 54-66)

    Judy and I arrived at Heathrow in early July 1960 and stayed with our friend Earl Berger, who was pursuing a doctorate in international relations at the London School of Economics. He lived in a basement flat in fashionable Chelsea. The Sunbeam Alpine was ready to be picked up at Rootes Motors on Piccadilly. Our plan was to get the car and leave almost immediately for the Continent.

    It seemed to me that it would be courteous to tell Dennis Lloyd, the head of the law program at University College, that I had arrived in England. Manny Goldsmith, my fellow...

  9. 4 The Enforcement of Morality
    (pp. 67-79)

    We arrived back in Toronto in late July 1961. Judy returned to her work as an occupational therapist at the psychiatric day-care centre (part of the Toronto Psychiatric Hospital) in the former church across from Womenʹs College Hospital.

    We went back to the Brentwood Towers, where we had found a one-bedroom apartment on the so-called penthouse floor. We now had an even better panoramic view of the growing, dynamic city to our south and the lake. Viljo Revellʹs new city hall had started its iconic rise, although Mies van der Roheʹs Toronto-Dominion Centre was still in the planning stage. The...

  10. 5 More Double Jeopardy
    (pp. 80-90)

    Some time over the summer of 1962 I decided that I wanted to stay in the academic world – at least for the short term. My classmates in practice were busy winning or losing procedural motions, which as time went on did not interest me as much as it had in my brief period in practice. I had enjoyed working on the gambling study with Des Morton and was excited by the bail project, described in the next chapter. I wanted to return to Cambridge to complete the residence requirements for the doctorate.

    I applied for a number of scholarships...

  11. 6 Detention before Trial
    (pp. 91-108)

    Judy and I returned to Toronto in the late summer of 1963, and I again took up my duties at Osgoode Hall Law School. In the early fall we purchased a small home for $12,000 at 169 Hillsdale Avenue East, south of Eglinton and east of Yonge. That sum was about double my salary, which had been $5500 when I started teaching at Osgoode in 1961–2 and had risen to about $8000 in 1963. We engaged my former camp counsellor, Jerry Markson, an award-winning architect, to gut the home and design the renovations that added another $10,000 to the...

  12. 7 Legal Aid
    (pp. 109-119)

    My work on the bail system led to my involvement with the Ontario committee that had been set up in 1963 to explore what the province should do about legal aid. As with the bail system, there was continuing concern about the effect of poverty on accused persons. It was in 1963 that the Supreme Court of the United States delivered its unanimous landmark decision inGideon v. Wainwrightrequiring legal representation for indigent accused charged with felonies in state courts – before then, the right only applied in federal courts. That was also the year that the previously mentioned...

  13. 8 Criminal Courts
    (pp. 120-137)

    Another by-product of my work on bail was that I was invited to do a study on magistratesʹ courts for the Ouimet Committee, which had been established in June 1965 by Guy Favreau, the federal minister of justice, to study corrections in Canada. Justice Roger Ouimet of the Quebec Superior Court was selected as the chair of the committee, with respected criminal defence lawyer G. Arthur Martin as the vice-chair. Desmond Morton, who had been my colleague at Osgoode Hall Law School and who had recently returned to Osgoode from his disappointing stint as Regius Professor of Law at his...

  14. 9 Securities Regulation
    (pp. 138-154)

    In January 1964 I received a call from Jack Kimber, the chair of the Ontario Securities Commission, asking me if I would be interested in doing research for a committee he was heading on legislation relating to corporate securities. The previous October, the attorney general of Ontario, Fred Cass, had established a committee – formally known as the Attorney Generalʹs Committee on Securities Legislation in Ontario, but usually referred to as the Kimber Committee – with wide terms of reference:

    To review and report upon, in the light of modern business conditions and practices, the provisions and working of securities...

  15. 10 Machinery of Law Reform
    (pp. 155-169)

    My involvement with various bodies that dealt with issues of public policy led to my interest in the machinery of law reform. In England the newly elected Labour government created a law commission in June 1965, with Leslie Scarman, then a member of the family division of the High Court, as its chair and Professor L.C.B. (ʹJimʹ) Gower of the University of London as vice-chair. The force behind its establishment was Gerald Gardiner, the British Lord Chancellor.

    Before the English legislation was introduced into Parliament – but with the knowledge that it was in the works – the Ontario government...

  16. 11 The Law Reform Commission of Canada
    (pp. 170-181)

    I thought I might be passed over as a commissioner because in October 1970 I had published an op-ed piece in theGlobe and Mail– mentioned later in the chapter on national security – criticizing one significant aspect of the federal governmentʹs invocation of theWar Measures Act– its retroactive application. As it turned out, however, I was invited to be one of the ʹyoung tigersʹ on the Law Reform Commission of Canada. Jerry Grafstein, who worked very closely with the minister of justice, John Turner, had sounded me out in late January 1971. I told him I...

  17. 12 Access to the Law
    (pp. 182-192)

    One area that had particularly interested me while I was a member of the Law Reform Commission was legal language and the form of the law. Pat Hartt had a strong commitment to the concept and the commission took the issue seriously. How can one make the law more comprehensible to the average intelligent citizen? This came within the mandate of the commission to develop ʹnew approaches to and new concepts of the law in keeping with and responsive to the changing needs of modern Canadian society and of individual members of that society.ʹ

    An intriguing idea put forward to...

  18. 13 Deaning and the University
    (pp. 193-215)

    My seven-year term as dean started officially on 1 July 1972, although Judy and I would not regain possession of our house until 1 August. In June we travelled from Ottawa through the Maritimes on a holiday, renting a cottage on the recommendation of Gerry La Forest for a couple of weeks on the north shore of Prince Edward Island. Early one morning, Tom and I went out on a lobster boat to take part in the morning haul from the lobster traps. That experience proved to be useful because I would later bring it up during class discussion of...

  19. 14 Gun Control
    (pp. 216-233)

    Like many of the issues that I have worked on over the years, gun control has remained a controversial topic. Indeed, it has become even more contentious in Canadian public policy over the past fifteen years. The election in 2006 of the federal Conservative government under Stephen Harper turned in part on the issue of gun control, particularly the issue of the registration of long guns.

    The story of gun control illustrates the danger of a good idea being carried too far. The decision to have all long guns registered, including existing guns, was not wise. It has proved to...

  20. 15 National Security
    (pp. 234-253)

    In the summer of 1977 a royal commission was established by the Trudeau government to examine issues relating to national security. The commission, officially designated the ʹCommission of Inquiry concerning certain activities of the Royal Canadian Mounted Police,ʹ was popularly known as the McDonald Commission, after its chairman, Alberta Queenʹs Bench Justice David McDonald. McDonald was hardworking and scholarly, important qualities in producing the commissionʹs well-thought-out three-volume report in 1981. I had dealings with him when I did my study on judicial independence in the mid-1990s because of his strong views on that topic. He was a natural for the...

  21. 16 More National Security – Terrorism
    (pp. 254-267)

    My involvement with national-security issues was minimal during the 1990s. I had moved on to other projects. By September 2001, I had more or less completed the University of Toronto history. The only significant work still to be done was the index, which I planned to undertake myself. I never was able to do so. I got caught up again in national-security issues, and was fortunate to be able to obtain a skilled indexer to do the historyʹs index.

    On the morning of 11 September 2001, as mentioned in an earlier chapter, I was at my home computer working on...

  22. 17 Codification of the Criminal Law
    (pp. 268-279)

    At the University of Toronto, deans receive a one-year paid administrative leave at the end of their deanship. I intended to use that year, 1979–80, to complete my project on the machinery of law reform, which I had been working on since 1967. The Donner Canadian Foundation agreed to provide me with research funds, which would help pay for some of my research expenses. I was determined to finish the project, which was continuing to be an albatross around my neck.

    Judy and I had decided that the family would spend about four months in Israel and the rest...

  23. 18 The Charter
    (pp. 280-298)

    There is little question that the most dramatic change in criminal justice in Canada since the enactment of the Criminal Code in 1892 has come through theCanadian Charter of Rights and Freedoms, enacted in 1982. Indeed, the Charter may be the most important development in criminal law since English criminal law was introduced into Canada following the defeat of the French in 1763. The Charter, as a constitutional document, has had the effect of transferring to the judiciary the major role in reforming criminal law and procedure.

    The Charter has certainly played a far more important role in criminal...

  24. 19 The Trials of Israel Lipski
    (pp. 299-311)

    In the spring of 1981 I started looking for a project that would build on my interest in Mr Justice James Fitzjames Stephen, one of the most important figures in the history of the criminal law and one of the two principal players in the saga that I had just published on R.S. Wrightʹs model criminal code. I knew that Stephen had been involved in a number of interesting murder cases, such as the well-known Maybrick poisoning case. I started to play around with a plot – part-fictional – that would involve Stephen, the Maybrick case, Stephenʹs youngest son J.K....

  25. 20 The Case of Valentine Shortis
    (pp. 312-325)

    I got such a kick out of researching and writing the Lipski case that I wanted to see if I could replicate the experience with a Canadian case. Was the critical success of the Lipski case an accident? Was a case study a good method of analysing the criminal process? In my search, I limited myself to the period from about 1880 to the First World War, a time when communications over long distances were by letter rather than by telephone. As a result, there would likely be better documentation than after that date. I examined a number of Canadian...

  26. 21 The Death of Old Man Rice
    (pp. 326-339)

    The Shortis book was published in the spring of 1986. That summer I explored the possibility of doing an American historical crime book to form a trilogy with my Lipski and Shortis books. With the help of a summer research assistant, Tim Endicott, now teaching law at Oxford University, I looked at murder cases in New York City from the late 1890s to the First World War. I was particularly interested in New York City because my father had grown up there before moving to Toronto in the 1920s, I still have relatives there, and, of course, my wife and...

  27. 22 The Frailty of the Criminal Process – Some Observations
    (pp. 340-352)

    Over the past several decades there has been a growing acknowledgment by the judiciary and others of the frailty of the criminal process. In Canada the miscarriages of justice in the well-known trio of casesMarshall, Milgaard,andMorin, along with a number of others, have made the public and the judiciary more receptive to recognizing this fact. In the past there was a reluctance to recognize that the system is fallible. In theTruscottcase, for example, the judge who conducted the trial later urged both the federal and Ontario governments to prosecute Isabel LeBourdais for public mischief because...

  28. 23 Sanctions and Rewards in the Legal System
    (pp. 353-367)

    In the spring of 1984 I was sounded out about the possibility of becoming involved in a program involving law and health that the recently created Canadian Institute for Advanced Research (CIAR) was considering establishing. (The acronym has recently been changed to CIFAR, with its forward-looking allusion.) Rob Prichard, who was then on sabbatical at Harvard and who would start as the dean of law on 1 July, sent me a document developed by the president of the CIAR, Fraser Mustard, a distinguished medical scientist and the former dean of the McMaster University medical school. CIAR, which had been formed...

  29. 24 Borderline Justice and Other Studies of Law and Society
    (pp. 368-381)

    Plans for the next stage of the sanctions-and-rewards project, meant to build on stage two, were well under way. One of the projects would be an expanded inter-disciplinary and empirical study of traffic safety that would take us beyond the descriptive study that we had published. I had been meeting individually and collectively with Ezra Hauer, a traffic-safety specialist in the faculty of engineering at the University of Toronto, Herb Simpson, the head of the Traffic Injuries Research Foundation in Ottawa, Gerry Wilde, a psychologist from Queenʹs University, and my brother-in-law, Barry Pless, a pediatrician and epidemiologist with an interest...

  30. 25 A Place Apart: Judicial Independence and Accountability
    (pp. 382-401)

    In late 1992 I was approached by Deans Robert Sharpe of the University of Toronto and James MacPherson of Osgoode Hall Law School to see if I would be interested in undertaking a study for the Canadian Judicial Council on judicial independence and accountability. Bob and Jim, now judges on the Ontario Court of Appeal, had each been the executive officer for Chief Justice Brian Dickson and had been asked by the council for their advice on how the council should proceed with such a study.

    The Canadian Judicial Council is composed of all the federally appointed chief justices and...

  31. 26 Controlling Misconduct in the Military
    (pp. 402-418)

    My work on sanctions and rewards and my study of the judiciary led to a fascinating study for the Somalia Commission of Inquiry on techniques for controlling misconduct in the military. The inquiry had been set up by the federal government in March 1995 to examine various aspects of the operation of Canadian forces in Somalia, including the torture and death by members of the military of a young defenceless Somali, Shidane Arone. His death on 16 March 1993 became a crucial defining moment for the Canadian military, just as the My Lai massacre of defenceless civilians in Vietnam –...

  32. 27 Writing the History of the University of Toronto
    (pp. 419-432)

    Another consequence of writing my historical-crime books is that I was asked to write the history of the University of Toronto. Had I not written those books it is doubtful that I would have been so selected.

    In early June 1997 I received a telephone call from Ron Schoeffel, the editor-in-chief at the University of Toronto Press, asking if I would be interested in submitting a proposal to a university committee charged with deciding who would be invited to write a history of the University of Toronto. The committee, chaired by Father James McConica of the Pontifical Institute of Mediaeval...

  33. 28 Epilogue
    (pp. 433-440)

    As the reader will gather, I have thoroughly enjoyed my career in the academic world. I have been surrounded by first-rate colleagues and talented students. The projects have all been interesting, and my contributions to the law and public policy have been personally rewarding and generously rewarded. My work has led to changes to the law and to other institutions. Whether there will be other challenging projects in the future remains to be seen.

    My present plan is to continue teaching for at least another year the so-called ʹintensiveʹ course at the law school that I taught this past year,...

  34. Notes on Sources
    (pp. 441-466)
  35. Publications and Government Work of Martin L. Friedland
    (pp. 467-472)
  36. Index
    (pp. 473-514)
  37. Back Matter
    (pp. 515-517)