Ivan Rand
Encyclopedia
Ivan Cleveland Rand, CC
(April 27, 1884 – January 2, 1969) was a Canadian
lawyer, politician, academic, and Justice of the Supreme Court of Canada
.
Born in Moncton, New Brunswick
, the son of Nelson Rand and Minnie Turner, he received a Bachelor of Arts
degree from Mount Allison University
in 1909. In 1912, he received a Bachelor of Law degree from Harvard Law School
. He was called to the bar of New Brunswick in 1912. From 1912 to 1920, he practiced law in Medicine Hat
, Alberta. Returning to Moncton in 1920, he joined the
Canadian National Railways as a counsel.
In 1924, he was named Attorney General of New Brunswick and was a member of the Legislative Assembly of New Brunswick
from February to June 1925.
On April 22, 1943, he was appointed to the Supreme Court of Canada. In 1945, he developed the Rand formula
requiring payment of trade union dues by all employees in the unit affected by a collective agreement, whether or not the employees are members of the union.
In 1947, he was Canada's representative on the United Nations Special Committee on Palestine (UNSCOP). Rand's meeting with Reverend William Lovell Hull
, a fellow Canadian, changed Rand's understanding of Zionism
. Rand became the central and most influential swing vote on UNSCOP in favor of the United Nations Partition Plan for Palestine and the eventual creation of the State of Israel
.
Rand wrote the foreword to Rev. Hull's 1953 book, The Fall and Rise of Israel. Until Justice Rand wrote the foreword, Hull did not know how significant his meeting with Rand had been .
Rand wrote:
"It was a relief, then, when shortly after my arrival I had the good fortune to meet the author of this book.
Here he was, a Canadian, with whose father's name I had, while living in Western Canada, become familiar; a
clergyman who, for a number of years, had been carrying on a mission in Jerusalem; who was, as I saw at once,
a man of good will, well known to and knowing the many religious and racial groups in that amazing galaxy of
rivalries and antagonisms. Whatever might be said of the soundness of his judgments, here, I thought, was one
whom I could trust to express himself with honest and frankness.
Somewhat to my surprise, I listened to words of high admiration for the Jewish people, their standards of
life and the tremendous work they had done since returning to their ancient homeland.
This sympathetic attitude released within me a vague constraint of doubt, uncertainty and puzzlement which,
I see now, the limited and one-sided acquaintance I had had to that time with the Palestine question had
generated. The controversy at once appeared unclouded by irrelevancies and shadowy prejudices and became on
for decision in the light of subtle appreciations and comprehensive understanding.
Mr. Hull knew nothing of this effect of that luncheon talk until this foreword had been perused by him,
but I feel confident that he will count that day as not having been without its fitting deed.
I.C. Rand Supreme Court of Canada, Ottawa, Canada"
Rand retired from the Canadian Supreme Court on April 27, 1959.
From 1959 to 1964, he was the first Dean of the law school
of the University of Western Ontario
. In 1966, he chaired a Royal Commission
into allegations of improper stock trading against Supreme Court of Ontario
justice Leo Landreville
.
In 1969, he was made a Companion of the Order of Canada
.
He received Honorary degrees from Mount Allison University, the University of New Brunswick
, Dalhousie University, Queen's University
, the University of Toronto
, the University of Western Ontario and Columbia University
.
Rand was Canada's appointee to the United Nations Special Committee on Palestine
following World War II. As such, Rand visited Mandatory Palestine in 1947 and became a supporter of partition
supporting UNSCOP's majority report which led to the United Nations Partition Plan for Palestine. He became a supporter of the state of Israel
once it was created in 1948 and visited in 1959 to dedicate a forest in Jerusalem named in his honour.
Biographer William Kaplan describes Rand as "an intolerant bigot" who disliked French Canadians, Catholics, Jews and Canadians who weren't of British stock. When his sister married an Acadian
, Rand refused to talk to her for 30 years. Nevertheless, as a judge, Rand was a civil libertarian who struck down restrictive covenants that barred property from being sold or rented to Jews or non-whites, acknowledged the rights of Japanese Canadians
who were being interned as enemy aliens during World War II
, defended the rights to free speech of the Communist Party of Canada
when it was banned by the Canadian government under the War Measures Act
as well as the rights of Jehovah's Witnesses
being persecuted under Quebec's Padlock Law
. During his tenure as dean of the University of Western Ontario's law school he was reluctant to hire a Jewish applicant claiming that a small town like London
, Ontario could not abide "too many Jews". He would complain regularly about people whose names ended with vowels. Kaplan explained this contradiction in describing Rand as a person with a "first rate mind but a third rate temperament".
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...
(April 27, 1884 – January 2, 1969) was a Canadian
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
lawyer, politician, academic, and Justice of the Supreme Court of Canada
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...
.
Born in Moncton, New Brunswick
New Brunswick
New Brunswick is one of Canada's three Maritime provinces and is the only province in the federation that is constitutionally bilingual . The provincial capital is Fredericton and Saint John is the most populous city. Greater Moncton is the largest Census Metropolitan Area...
, the son of Nelson Rand and Minnie Turner, he received a Bachelor of Arts
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
degree from Mount Allison University
Mount Allison University
Mount Allison University is a primarily undergraduate Canadian liberal arts and science university situated in Sackville, New Brunswick. It is located about a half hour from the regional city of Moncton and 20 minutes from the Greater Moncton International Airport...
in 1909. In 1912, he received a Bachelor of Law degree from Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
. He was called to the bar of New Brunswick in 1912. From 1912 to 1920, he practiced law in Medicine Hat
Medicine Hat, Alberta
Medicine Hat, known to locals as "The Hat", is a city of 61,097 people located in the southeastern part of the province of Alberta, Canada. It is enclaved within Cypress County along with the nearby Town of Redcliff, although neither is part of the county....
, Alberta. Returning to Moncton in 1920, he joined the
Canadian National Railways as a counsel.
In 1924, he was named Attorney General of New Brunswick and was a member of the Legislative Assembly of New Brunswick
Legislative Assembly of New Brunswick
The Legislative Assembly of New Brunswick is located in Fredericton. It was established de jure when the colony was created in 1784, but only came in to session in 1786 following the first elections in late 1785. Until 1891, it was the lower house in a bicameral legislature when its upper house...
from February to June 1925.
On April 22, 1943, he was appointed to the Supreme Court of Canada. In 1945, he developed the Rand formula
Rand formula
In Canadian labour law, the Rand formula is a workplace situation where the payment of trade union dues is mandatory regardless of the worker's union status...
requiring payment of trade union dues by all employees in the unit affected by a collective agreement, whether or not the employees are members of the union.
In 1947, he was Canada's representative on the United Nations Special Committee on Palestine (UNSCOP). Rand's meeting with Reverend William Lovell Hull
William Lovell Hull
William Lovell Hull was a Canadian reverend.Born in Winnipeg, Canada, 3 December 1897, son of W. F. Hull and Annie Lovell, he was educated at Kelvin High School. 6 November 1916, he married Lillian Pachal also of Winnipeg...
, a fellow Canadian, changed Rand's understanding of Zionism
Zionism
Zionism is a Jewish political movement that, in its broadest sense, has supported the self-determination of the Jewish people in a sovereign Jewish national homeland. Since the establishment of the State of Israel, the Zionist movement continues primarily to advocate on behalf of the Jewish state...
. Rand became the central and most influential swing vote on UNSCOP in favor of the United Nations Partition Plan for Palestine and the eventual creation of the State of Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
.
Rand wrote the foreword to Rev. Hull's 1953 book, The Fall and Rise of Israel. Until Justice Rand wrote the foreword, Hull did not know how significant his meeting with Rand had been .
Rand wrote:
"It was a relief, then, when shortly after my arrival I had the good fortune to meet the author of this book.
Here he was, a Canadian, with whose father's name I had, while living in Western Canada, become familiar; a
clergyman who, for a number of years, had been carrying on a mission in Jerusalem; who was, as I saw at once,
a man of good will, well known to and knowing the many religious and racial groups in that amazing galaxy of
rivalries and antagonisms. Whatever might be said of the soundness of his judgments, here, I thought, was one
whom I could trust to express himself with honest and frankness.
Somewhat to my surprise, I listened to words of high admiration for the Jewish people, their standards of
life and the tremendous work they had done since returning to their ancient homeland.
This sympathetic attitude released within me a vague constraint of doubt, uncertainty and puzzlement which,
I see now, the limited and one-sided acquaintance I had had to that time with the Palestine question had
generated. The controversy at once appeared unclouded by irrelevancies and shadowy prejudices and became on
for decision in the light of subtle appreciations and comprehensive understanding.
Mr. Hull knew nothing of this effect of that luncheon talk until this foreword had been perused by him,
but I feel confident that he will count that day as not having been without its fitting deed.
I.C. Rand Supreme Court of Canada, Ottawa, Canada"
Rand retired from the Canadian Supreme Court on April 27, 1959.
From 1959 to 1964, he was the first Dean of the law school
Western Law School
Western Law is a public law school located at the University of Western Ontario in London, Ontario, Canada. Founded in 1959, its first Dean was former Supreme Court of Canada justice, the Honourable Ivan Cleveland Rand, who saw the school as developing "in the minds of its students the habit of...
of the University of Western Ontario
University of Western Ontario
The University of Western Ontario is a public research university located in London, Ontario, Canada. The university's main campus covers of land, with the Thames River cutting through the eastern portion of the main campus. Western administers its programs through 12 different faculties and...
. In 1966, he chaired a Royal Commission
Royal Commission
In Commonwealth realms and other monarchies a Royal Commission is a major ad-hoc formal public inquiry into a defined issue. They have been held in various countries such as the United Kingdom, Australia, Canada, New Zealand, and Saudi Arabia...
into allegations of improper stock trading against Supreme Court of Ontario
Supreme Court of Ontario
The Supreme Court of Ontario was a superior court of the Canadian province of Ontario. Now defunct, in 1989 the Courts of Justice Amendment Act, 1989 was enacted by the Government to create one large superior trial court for Ontario...
justice Leo Landreville
Leo Landreville
Leo Landreville was a Canadian politician and lawyer, who served as mayor of Sudbury, Ontario in 1955 and 1956 before being appointed to the Supreme Court of Ontario as a judge...
.
In 1969, he 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...
.
He received Honorary degrees from Mount Allison University, the University of New Brunswick
University of New Brunswick
The University of New Brunswick is a Canadian university located in the province of New Brunswick. UNB is the oldest English language university in Canada and among the first public universities in North America. The university has two main campuses: the original campus founded in 1785 in...
, Dalhousie University, Queen's University
Queen's University
Queen's University, , is a public research university located in Kingston, Ontario, Canada. Founded on 16 October 1841, the university pre-dates the founding of Canada by 26 years. Queen's holds more more than of land throughout Ontario as well as Herstmonceux Castle in East Sussex, England...
, the University of Toronto
University of Toronto
The University of Toronto is a public research university in Toronto, Ontario, Canada, situated on the grounds that surround Queen's Park. It was founded by royal charter in 1827 as King's College, the first institution of higher learning in Upper Canada...
, the University of Western Ontario and Columbia University
Columbia University
Columbia University in the City of New York is a private, Ivy League university in Manhattan, New York City. Columbia is the oldest institution of higher learning in the state of New York, the fifth oldest in the United States, and one of the country's nine Colonial Colleges founded before the...
.
Rand was Canada's appointee to the United Nations Special Committee on Palestine
United Nations Special Committee on Palestine
The United Nations Special Committee on Palestine was formed in May 1947 in response to a United Kingdom government request that the General Assembly "make recommendations under article 10 of the Charter, concerning the future government of Palestine"...
following World War II. As such, Rand visited Mandatory Palestine in 1947 and became a supporter of partition
Partition (politics)
In politics, a partition is a change of political borders cutting through at least one territory considered a homeland by some community. That change is done primarily by diplomatic means, and use of military force is negligible....
supporting UNSCOP's majority report which led to the United Nations Partition Plan for Palestine. He became a supporter of the state of Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
once it was created in 1948 and visited in 1959 to dedicate a forest in Jerusalem named in his honour.
Biographer William Kaplan describes Rand as "an intolerant bigot" who disliked French Canadians, Catholics, Jews and Canadians who weren't of British stock. When his sister married an Acadian
Acadian
The Acadians are the descendants of the 17th-century French colonists who settled in Acadia . Acadia was a colony of New France...
, Rand refused to talk to her for 30 years. Nevertheless, as a judge, Rand was a civil libertarian who struck down restrictive covenants that barred property from being sold or rented to Jews or non-whites, acknowledged the rights of Japanese Canadians
Japanese Canadians
Japanese Canadians are Canadians of Japanese ancestry, and are mostly concentrated on the west coast, and central Canada, especially in and around Vancouver and Toronto. In 2006, there were 98,900 .- Generations :...
who were being interned as enemy aliens during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, defended the rights to free speech of the Communist Party of Canada
Communist Party of Canada
The Communist Party of Canada is a communist political party in Canada. Although is it currently a minor or small political party without representation in the Federal Parliament or in provincial legislatures, historically the Party has elected representatives in Federal Parliament, Ontario...
when it was banned by the Canadian government under the War Measures Act
War Measures Act
The War Measures Act was a Canadian statute that allowed the government to assume sweeping emergency powers in the event of "war, invasion or insurrection, real or apprehended"...
as well as the rights of Jehovah's Witnesses
Jehovah's Witnesses
Jehovah's Witnesses is a millenarian restorationist Christian denomination with nontrinitarian beliefs distinct from mainstream Christianity. The religion reports worldwide membership of over 7 million adherents involved in evangelism, convention attendance of over 12 million, and annual...
being persecuted under Quebec's Padlock Law
Padlock Law
The Padlock Law The Padlock Law (officially called "Act to protect the Province Against Communistic Propaganda") The Padlock Law (officially called "Act to protect the Province Against Communistic Propaganda") (QcFr: "La loi du cadenas" / "Loi protégeant la province contre la propagande...
. During his tenure as dean of the University of Western Ontario's law school he was reluctant to hire a Jewish applicant claiming that a small town like London
London, Ontario
London is a city in Southwestern Ontario, Canada, situated along the Quebec City – Windsor Corridor. The city has a population of 352,395, and the metropolitan area has a population of 457,720, according to the 2006 Canadian census; the metro population in 2009 was estimated at 489,274. The city...
, Ontario could not abide "too many Jews". He would complain regularly about people whose names ended with vowels. Kaplan explained this contradiction in describing Rand as a person with a "first rate mind but a third rate temperament".