David Lynch Scott
Encyclopedia
David Lynch Scott was a Canadian militia officer
, lawyer
, and judge
. He served as mayor of Orangeville, Ontario
from 1878 to 1880 and mayor of Regina, Saskatchewan
from 1884 to 1885.
, the son of John Scott and Mary Lynch. He studied law at Osgoode Hall
, was called to the Ontario bar in 1870 and practised in Brampton and Orangeville. In 1882, he moved to Regina, Saskatchewan
.
during the Fenian invasions
of 1866. By the end of his military service in 1879, he had attained the rank of lieutenant-colonel.
Scott was mayor of Orangeville from 1879–1880, and in 1884-85 served as the first Mayor of Regina. Scott first rose to prominence as a lawyer when he acted as the junior counsel for the crown
in the prosecutions of Louis Riel
, Big Bear
, Poundmaker and those involved in the Frog Lake Massacre
following the North-West Rebellion
of 1885.
He was named Queen's Counsel
in 1885 and was the first person admitted as an advocate of the Northwest Territories. Scott became a justice of the newly formed Supreme Court of the Northwest Territories
in 1894, seated in Calgary, Alberta. In 1907 he became a member of the Supreme Court
of the new province
of Alberta
, seated in Edmonton.
When Chief Justice of Alberta Arthur Sifton resigned to become Premier, Scott thought he would be his replacement. However, Horace Harvey
received the appointment. This frustrated Scott to the extent that he went from being an extremely active member of the bench, to a virtually non-existent member for the next decade. However, on 15 September 1921, he became the Chief Justice
of Alberta and presided over the Supreme Court of Alberta Appellate Division. This reignited the feud with Harvey who had occupied the position of Chief Justice of Alberta since 1910. The feud was resolved in Scott's favour by the Judicial Committee of the Privy Council
in Reference re Chief Justice of Alberta.
in 1924.
Colonial militia in Canada
From the founding of New France until the establishment of a professional Canadian Army, the colonial militia played an extremely important role in the defence of Canada...
, lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
, and judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
. He served as mayor of Orangeville, Ontario
Orangeville, Ontario
Orangeville is a town in south-central Ontario, Canada, and the seat of Dufferin County.-History:Before European settlers, Orangeville was thought to be a native hunting ground...
from 1878 to 1880 and mayor of Regina, Saskatchewan
Regina, Saskatchewan
Regina is the capital city of the Canadian province of Saskatchewan. The city is the second-largest in the province and a cultural and commercial centre for southern Saskatchewan. It is governed by Regina City Council. Regina is the cathedral city of the Roman Catholic and Romanian Orthodox...
from 1884 to 1885.
Early life
He was born in Brampton, OntarioBrampton, Ontario
Brampton is the third-largest city in the Greater Toronto Area of Ontario, Canada and the seat of Peel Region. As of the 2006 census, Brampton's population stood at 433,806, making it the 11th largest city in Canada. It is also one of Canada's fastest growing municipalities, with an average...
, the son of John Scott and Mary Lynch. He studied law at Osgoode Hall
Osgoode Hall
Osgoode Hall is a landmark building in downtown Toronto constructed between 1829 and 1832 in the late Georgian Palladian and Neoclassical styles. It houses the Ontario Court of Appeal, the Divisional Court of the Superior Court of Justice, and the Law Society of Upper Canada...
, was called to the Ontario bar in 1870 and practised in Brampton and Orangeville. In 1882, he moved to Regina, Saskatchewan
Regina, Saskatchewan
Regina is the capital city of the Canadian province of Saskatchewan. The city is the second-largest in the province and a cultural and commercial centre for southern Saskatchewan. It is governed by Regina City Council. Regina is the cathedral city of the Roman Catholic and Romanian Orthodox...
.
Career
He enlisted as a private in the 36th (Peel) Battalion of InfantryPeel and Dufferin Regiment
The Peel and Dufferin Regiment was a Canadian infantry regiment that existed from 1866 to 1936.-History:On 14 September 1866 the 36th Peel Battalion was authorized. During the Boer War the regiment, as a unit, did not go to war; however, many officers and men from the regiment served there...
during the Fenian invasions
Fenian raids
Between 1866 and 1871, the Fenian raids of the Fenian Brotherhood who were based in the United States; on British army forts, customs posts and other targets in Canada, were fought to bring pressure on Britain to withdraw from Ireland. They divided many Catholic Irish-Canadians, many of whom were...
of 1866. By the end of his military service in 1879, he had attained the rank of lieutenant-colonel.
Scott was mayor of Orangeville from 1879–1880, and in 1884-85 served as the first Mayor of Regina. Scott first rose to prominence as a lawyer when he acted as the junior counsel for the crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
in the prosecutions of Louis Riel
Louis Riel
Louis David Riel was a Canadian politician, a founder of the province of Manitoba, and a political and spiritual leader of the Métis people of the Canadian prairies. He led two resistance movements against the Canadian government and its first post-Confederation Prime Minister, Sir John A....
, Big Bear
Big Bear
Big Bear or Mistahi-maskwa was a Cree leader notable for his involvement in the North-West Rebellion and his subsequent imprisonment.-Early life and leadership:...
, Poundmaker and those involved in the Frog Lake Massacre
Frog Lake Massacre
The Frog Lake Massacre was a Cree uprising during the North-West Rebellion in western Canada. Led by Wandering Spirit, young Cree warriors attacked the village of Frog Lake, North-West Territories on 2 April 1885, where they killed nine settlers.- Causes :Angered by what seemed to be unfair...
following the North-West Rebellion
North-West Rebellion
The North-West Rebellion of 1885 was a brief and unsuccessful uprising by the Métis people of the District of Saskatchewan under Louis Riel against the Dominion of Canada...
of 1885.
He was named Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
in 1885 and was the first person admitted as an advocate of the Northwest Territories. Scott became a justice of the newly formed Supreme Court of the Northwest Territories
Supreme Court of the Northwest Territories
The Supreme Court of the Northwest Territories is the name of two different superior courts for the Canadian territory of the Northwest Territories, which have existed at different times.The first Supreme Court of the North-West Territories was created in 1885...
in 1894, seated in Calgary, Alberta. In 1907 he became a member of the Supreme Court
Court of Queen's Bench of Alberta
The Court of Queen's Bench of Alberta is the superior court of the Canadian province of Alberta....
of the new province
Provinces and territories of Canada
The provinces and territories of Canada combine to make up the world's second-largest country by area. There are ten provinces and three territories...
of Alberta
Alberta
Alberta is a province of Canada. It had an estimated population of 3.7 million in 2010 making it the most populous of Canada's three prairie provinces...
, seated in Edmonton.
When Chief Justice of Alberta Arthur Sifton resigned to become Premier, Scott thought he would be his replacement. However, Horace Harvey
Horace Harvey
Horace Harvey was a lawyer, jurist, and a Chief Justice of Alberta, Canada.-Early and Family Life:...
received the appointment. This frustrated Scott to the extent that he went from being an extremely active member of the bench, to a virtually non-existent member for the next decade. However, on 15 September 1921, he became the Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
of Alberta and presided over the Supreme Court of Alberta Appellate Division. This reignited the feud with Harvey who had occupied the position of Chief Justice of Alberta since 1910. The feud was resolved in Scott's favour by the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
in Reference re Chief Justice of Alberta.
Later life
Scott was awarded an honourary Doctor of Laws from the University of AlbertaUniversity of Alberta
The University of Alberta is a public research university located in Edmonton, Alberta, Canada. Founded in 1908 by Alexander Cameron Rutherford, the first premier of Alberta and Henry Marshall Tory, its first president, it is widely recognized as one of the best universities in Canada...
in 1924.