Claire L'Heureux-Dubé
Encyclopedia
Claire L'Heureux-Dubé, served as a justice on the Supreme Court of Canada
from 1987 to 2002. She was the first woman from Quebec
and the second woman appointed to this position.
in 1927. She was the oldest of four girls raised by a mother who spent forty years in a wheel chair as a result of multiple sclerosis. In 1947, she completed her B.A. from McGill University
and in 1951, she graduated from the law faculty of Université Laval
and entered private practice in Quebec. She was appointed as a judge to the Quebec Superior Court
in 1973 and to the Quebec Court of Appeal
in 1979.
She married Arthur Dubé in 1957 and gave birth to a son and a daughter. Her husband committed suicide in 1978, which later became a focus of public attention in the very public debate with Alberta Court of Appeal Justice John McClung
over the ruling in R. v. Ewanchuk
. Her son died in 1994.
She was made a Companion of the Order of Canada
in 2003. In 2004, she was made a Grand Officer of the National Order of Quebec
.
She is currently active as the Chair of the Steering Committee of the Maison de justice de Québec, a pilot project in improving access to justice in Quebec City.
Among her more controversial decisions include her reasons in Moge v. Moge
[1992] 3 S.C.R. 813 where she took a major departure from the practiced standard of judicial notice
by allowing for a broad range of social studies data to be given judicial notice as a legislative fact. Another famous dissent was in Canada (Attorney General) v. Mossop
, [1993] 1 SCR 554 where she alone acknowledged that the meaning of family is not fixed and should be read purposively to adapt to the changing times and it should include same-sex couples.
Her style was often openly confrontational and harshly critical of her judicial colleagues, in particular Chief Justice Antonio Lamer
, which some critics felt was unbecoming a justice of the Supreme Court.
In a style reminiscent of Lord Denning M.R., in the case of Willick v. Willick, [1994] 3 S.C.R. 670, she quoted a dictum
she made in an earlier judgment, with which she "most heartily" agreed.
As the author of a unanimous opinion in Hudson v. Spraytech & ChemLawn in 2001, the judge is featured prominently in the film, A Chemical Reaction, by Brett Plymale (2009).
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
from 1987 to 2002. She was the first woman from Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
and the second woman appointed to this position.
Personal history
She was born Claire L'Heureux in Quebec CityQuebec City
Quebec , also Québec, Quebec City or Québec City is the capital of the Canadian province of Quebec and is located within the Capitale-Nationale region. It is the second most populous city in Quebec after Montreal, which is about to the southwest...
in 1927. She was the oldest of four girls raised by a mother who spent forty years in a wheel chair as a result of multiple sclerosis. In 1947, she completed her B.A. from McGill University
McGill University
Mohammed Fathy is a public research university located in Montreal, Quebec, Canada. The university bears the name of James McGill, a prominent Montreal merchant from Glasgow, Scotland, whose bequest formed the beginning of the university...
and in 1951, she graduated from the law faculty of Université Laval
Université Laval
Laval University is the oldest centre of education in Canada and was the first institution in North America to offer higher education in French...
and entered private practice in Quebec. She was appointed as a judge to the Quebec Superior Court
Quebec Superior Court
Quebec Superior Court is the highest trial Court in the Province of Quebec, Canada. It consists of 144 judges who are appointed by the federal government.Chief Justices : [partial listing]* Edward Bowen...
in 1973 and to the Quebec Court of Appeal
Quebec Court of Appeal
The Court of Appeal for Quebec is the highest judicial court in Quebec, Canada....
in 1979.
She married Arthur Dubé in 1957 and gave birth to a son and a daughter. Her husband committed suicide in 1978, which later became a focus of public attention in the very public debate with Alberta Court of Appeal Justice John McClung
John McClung
John Wesley "Buzz" McClung was a historian, lawyer, jurist, and a judge of the Alberta Court of Appeal.-Early life:...
over the ruling in R. v. Ewanchuk
R. v. Ewanchuk
R. v. Ewanchuk, [1999] 1 S.C.R. 330 is a leading Supreme Court of Canada case concerning the defence of consent to a charge of sexual assault. The Court held that there was no defence of implied consent...
. Her son died in 1994.
She was made a Companion of the Order of Canada
Order of Canada
The Order of Canada is a Canadian national order, admission into which is, within the system of orders, decorations, and medals of Canada, the second highest honour for merit...
in 2003. In 2004, she was made a Grand Officer of the National Order of Quebec
National Order of Quebec
The National Order of Quebec, termed officially in French as l'Ordre national du Québec, and in English abbreviation as the Order of Quebec, is a civilian honour for merit in the Canadian province of Quebec...
.
She is currently active as the Chair of the Steering Committee of the Maison de justice de Québec, a pilot project in improving access to justice in Quebec City.
Judgments
L'Heureux-Dubé is typically remembered as one of the most prolific dissenters of the Court. Her judicial view was atypical for her time and often clashed with the majority of the Court. Her writing style and her tendency to use social science research in her reasons made for opinions that were often notable for their sheer length.Among her more controversial decisions include her reasons in Moge v. Moge
Moge v. Moge
Moge v. Moge, [1992] 3 S.C.R. 813 is a leading Supreme Court of Canada decision where the Court greatly restricted a court's ability to terminate alimony payments...
[1992] 3 S.C.R. 813 where she took a major departure from the practiced standard of judicial notice
Judicial notice
Judicial notice is a rule in the law of evidence that allows a fact to be introduced into evidence if the truth of that fact is so notorious or well known that it cannot be refuted. This is done upon the request of the party seeking to have the fact at issue determined by the court...
by allowing for a broad range of social studies data to be given judicial notice as a legislative fact. Another famous dissent was in Canada (Attorney General) v. Mossop
Canada (Attorney General) v. Mossop
Mossop v. Canada , [1993] 1 S.C.R. 554 was the first decision of the Supreme Court of Canada to consider equality rights for gays...
, [1993] 1 SCR 554 where she alone acknowledged that the meaning of family is not fixed and should be read purposively to adapt to the changing times and it should include same-sex couples.
Her style was often openly confrontational and harshly critical of her judicial colleagues, in particular Chief Justice Antonio Lamer
Antonio Lamer
Joseph Antonio Charles Lamer, PC, CC, CD was a Canadian lawyer, jurist and Chief Justice of the Supreme Court of Canada.-Personal life:...
, which some critics felt was unbecoming a justice of the Supreme Court.
In a style reminiscent of Lord Denning M.R., in the case of Willick v. Willick, [1994] 3 S.C.R. 670, she quoted a dictum
Obiter dictum
Obiter dictum is Latin for a statement "said in passing". An obiter dictum is a remark or observation made by a judge that, although included in the body of the court's opinion, does not form a necessary part of the court's decision...
she made in an earlier judgment, with which she "most heartily" agreed.
As the author of a unanimous opinion in Hudson v. Spraytech & ChemLawn in 2001, the judge is featured prominently in the film, A Chemical Reaction, by Brett Plymale (2009).