John McClung
Encyclopedia
John Wesley "Buzz" McClung (July 15, 1935 — October 21, 2004) was a historian
, lawyer
, jurist
, and a judge
of the Alberta Court of Appeal.
, and was left orphaned at the age of 13. He married his wife Eda (née) Matissen October 26, 1973. He was a member of the United Church, a golfer with a reputation for a formidable short game, and a hunter, especially of waterfowl. "Buzz" was a nickname he carried with him throughout his life since high school.
degree in 1957 and his Bachelor of Laws
degree in 1959, both from the University of Alberta
. After being admitted to the Alberta Bar
, he became known as one of Canada's top criminal defence lawyers and in the 1970s was ranked amongst the top 10 in Canada by Weekend Magazine. He took silk and became Queen's Counsel
in 1973, practicing with the firm of McClung Frohlich and Rand.
In 1976, he was appointed to the District Court of Alberta
, then to the Supreme Court of Alberta (trial division)
in 1976, and was soon thereafter elevated to the Court of Appeal June 30, 1979. He held this position until he died.
He was an avid student and writer of history. He was a driving force behind the creation of the Heritage Room at the Edmonton Courthouse, a collection of artifacts and photographs of Alberta's legal history, including portraits of prominent Alberta judges and many of his own writings. After his passing, the Alberta Court of Appeal renamed the room the J.W. (Buzz) McClung Heritage Room. He wrote often about legal history, including a book entitled Law West of the Bay in 1997. He also wrote a History of the Alberta Court of Appeal published by his fellow appellate justices after he died. He was also a friend and strong supporter of the Heritage Community Foundation.
, overturning the judgment in favour of Delwin Vriend, who had lost his job at a religious college because of his sexual orientation. McClung's decision was in turn overturned by the Supreme Court of Canada
in 1998.
case of R. v. Ewanchuk
. In his decision, he suggested that the teenage victim provoked her assailant by the way she dressed and the accused's actions were "far less criminal than hormonal" or that the victim could have stopped the assault with a "well-chosen expletive, a slap in the face or, if necessary, a well-directed knee." The case was unanimously overturned by the Supreme Court
in 1999 in a decision written by fellow Alberta jurist, Justice Major
; a concurring opinion by Quebec
jurist, Justice L'Heureux-Dubé
described his decision as perpetuating "archaic myths and stereotypes".
In reply, McClung wrote a letter to the National Post
attacking L'Heureux-Dubé, describing her writing as overly personal and blaming her attitude for the rise in the suicide rate of Quebec men. This letter drew even more furor when it was pointed out that L'Heureux-Dubé's husband had committed suicide in 1978. McClung apologized in another letter to the National Post, claiming that he was not aware of the situation.
Historian
A historian is a person who studies and writes about the past and is regarded as an authority on it. Historians are concerned with the continuous, methodical narrative and research of past events as relating to the human race; as well as the study of all history in time. If the individual is...
, 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...
, jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
, and a 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...
of the Alberta Court of Appeal.
Early life
McClung was born in Edmonton to John Wesley and Lillian Mae (née) Johnston, was grandson of women's rights activist Nellie McClungNellie McClung
Nellie McClung, born Nellie Letitia Mooney , was a Canadian feminist, politician, and social activist. She was a part of the social and moral reform movements prevalent in Western Canada in the early 1900s...
, and was left orphaned at the age of 13. He married his wife Eda (née) Matissen October 26, 1973. He was a member of the United Church, a golfer with a reputation for a formidable short game, and a hunter, especially of waterfowl. "Buzz" was a nickname he carried with him throughout his life since high school.
Career
He earned his Bachelor of ArtsBachelor 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 in 1957 and his Bachelor of Laws
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
degree in 1959, both from the University of Alberta
University 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...
. After being admitted to the Alberta Bar
Law Society of Alberta
The Law Society of Alberta is the self-regulating body for lawyers in Alberta, Canada.-Purpose:The Law Society is created and governed by the . As a law society, the Law Society is much more than a professional association and every lawyer who practices in Alberta must belong to it...
, he became known as one of Canada's top criminal defence lawyers and in the 1970s was ranked amongst the top 10 in Canada by Weekend Magazine. He took silk and became 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 1973, practicing with the firm of McClung Frohlich and Rand.
In 1976, he was appointed to the District Court of Alberta
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....
, then to the Supreme Court of Alberta (trial division)
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....
in 1976, and was soon thereafter elevated to the Court of Appeal June 30, 1979. He held this position until he died.
He was an avid student and writer of history. He was a driving force behind the creation of the Heritage Room at the Edmonton Courthouse, a collection of artifacts and photographs of Alberta's legal history, including portraits of prominent Alberta judges and many of his own writings. After his passing, the Alberta Court of Appeal renamed the room the J.W. (Buzz) McClung Heritage Room. He wrote often about legal history, including a book entitled Law West of the Bay in 1997. He also wrote a History of the Alberta Court of Appeal published by his fellow appellate justices after he died. He was also a friend and strong supporter of the Heritage Community Foundation.
Vriend v. Alberta
McClung presided over the provincial appeal in Vriend v. AlbertaVriend v. Alberta
Vriend v. Alberta [1998] 1 S.C.R. 493 is an important Supreme Court of Canada case that determined that a legislative omission can be the subject of a Charter violation...
, overturning the judgment in favour of Delwin Vriend, who had lost his job at a religious college because of his sexual orientation. McClung's decision was in turn overturned by 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...
in 1998.
R. v. Ewanchuk
In that year, McClung became a national figure with his "bonnet and crinolines" ruling in the sexual assaultSexual assault
Sexual assault is an assault of a sexual nature on another person, or any sexual act committed without consent. Although sexual assaults most frequently are by a man on a woman, it may involve any combination of two or more men, women and children....
case of 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...
. In his decision, he suggested that the teenage victim provoked her assailant by the way she dressed and the accused's actions were "far less criminal than hormonal" or that the victim could have stopped the assault with a "well-chosen expletive, a slap in the face or, if necessary, a well-directed knee." The case was unanimously overturned by the Supreme Court
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...
in 1999 in a decision written by fellow Alberta jurist, Justice Major
John C. Major
John Charles "Jack" Major, CC, QC is a Canadian jurist and was a puisne justice on the Supreme Court of Canada from 1992 to 2005....
; a concurring opinion by 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....
jurist, Justice L'Heureux-Dubé
Claire L'Heureux-Dubé
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.- Personal history :...
described his decision as perpetuating "archaic myths and stereotypes".
In reply, McClung wrote a letter to the National Post
National Post
The National Post is a Canadian English-language national newspaper based in Don Mills, a district of Toronto. The paper is owned by Postmedia Network Inc. and is published Mondays through Saturdays...
attacking L'Heureux-Dubé, describing her writing as overly personal and blaming her attitude for the rise in the suicide rate of Quebec men. This letter drew even more furor when it was pointed out that L'Heureux-Dubé's husband had committed suicide in 1978. McClung apologized in another letter to the National Post, claiming that he was not aware of the situation.