Today we mark the birthday, in 1815, of Canada's first-ever Chief Justice, William Buell Richards. To help me honour the first Chief Justice I have turned to distinguished legal historian Dr. Thomas Harrison to tell the Richards story. Over to you Dr. Harrison.
by Thomas Harrison
Born in Brockville on May 2, 1815, William Buell Richards, was actually the second choice to head Canada's new Supreme Court in 1875. Richards took the post only after Edward Blake, lawyer and Liberal politician, turned it down.
The truth is, while Richards was generally well-liked and had a reputation for common sense, until his appointment as Canada's first Chief Justice he was probably better known for his past involvement in high profile political affairs, rather than for his legal acumen.
Called to the Bar in 1837, the same year as the Mackenzie/Papineau rebellions, Richards was an early Reformer and close friend of politician Robert Baldwin. Elected as a moderate to the provincial Assembly in 1848 and later appointed Attorney-General of Canada West in 1851, he introduced legislation to modernize courts, before his own appointment to the bench in 1853.
As a judge, Richards presided over several politically charged proceedings. He gave a ruling in favour of the Cartier/Macdonald government, after 1858's infamous 'Double-Shuffle' incident. This maneuver facilitated John A. Macdonald's return to the power in the colonial Legislature after a non-confidence vote.
Richards also sat in judgment of Patrick Whelan, charged with killing Father of Confederation D'Arcy McGee in 1868. During the trial he notoriously permitted Macdonald, then Prime Minister and a close friend of McGee, to sit beside him on the dais while the accused was examined.
Perhaps not coincidentally, Richards got promoted shortly after Whelan's murder conviction, just in time for the appeal. The judge refused to recuse himself from the appellate hearing, instead casting a judicial vote leading to the man's execution.
Still, Richards' 22 years of judicial experience lent an early credibility to the Court. He swore his oath of office as the first Supreme Court Chief Justice, on October 8, 1875.
When the High Court convened in January 1876, its novelty meant it had no cases, though this was likely fortunate since there were also no established procedures to manage them. Drafting the Court's first regulations became one of Richards' significant achievements as Chief Justice.
The Supreme Court's initial low prestige resulted in an effort to bolster the reputation of its leader. In 1877 Richards was knighted by Queen Victoria, elevating his status as the senior judicial figure in Canada.
Facing health challenges, Canada's first Chief Justice, 'Sir' William Buell Richards, resigned in 1879. He later died in 1889.
You can read more about him at his entry at the Dictionary of Canadian Biography on-line at this link.
[caption id="attachment_616912" align="alignleft" width="400"] Sir William Buell Richards[/caption]
Arthur Milnes is an accomplished public historian and award-winning journalist. He was research assistant on The Rt. Hon. Brian Mulroney's best-selling Memoirs and also served as a speechwriter to then-Prime Minister Stephen Harper and as a Fellow of the Queen's Centre for the Study of Democracy under the leadership of Tom Axworthy. A resident of Kingston, Ontario, Milnes serves as the in-house historian at the 175 year-old Frontenac Club Hotel.