John Sopinka
Encyclopedia
John Sopinka, QC
(March 19, 1933 - November 24, 1997) was a Canadian lawyer and puisne justice
on the Supreme Court of Canada
, the first Ukrainian-Canadian appointed to the high court.
Sopinka was born in Broderick
, Saskatchewan
and lived there until his family moved to Hamilton, Ontario
. He completed secondary school at Saltfleet High School in Stoney Creek
. He earned Bachelor of Arts
and Bachelor of Laws
degrees at the University of Toronto
. While studying law, he also played professional football
with the Toronto Argonauts
(1955 to 1957, 29 games) and then the Montreal Alouettes
(1957, 8 games) of the Canadian Football League
. He was called to the bar of Ontario
in 1960 and practiced law at Fasken & Calven before becoming a senior partner at Stikeman Elliott
. He was designated Queen's Counsel
in 1975 and was also a lecturer at both the Osgoode Hall Law School
and the University of Toronto Faculty of Law
. He has authored several books on the law, including a leading text on the law of evidence.
Sopinka was involved with several high profile cases including acting on behalf of Susan Nelles
when she sued the government of Ontario and the Toronto
police
for malicious prosecution
after the withdrawal of charges against her for murdering babies at the Hospital for Sick Children
in Toronto. An inquiry into her case exonerated her and she won damages from the government for her ordeal. In 1986 he represented the Ukrainian Canadian Committee at the Deschênes Commission
of Inquiry on War Criminals and argued against the deportation of suspected war criminals to their native lands, particularly the Soviet Union
. He also served as counsel to the William Parker Inquiry that looked into the conduct of former cabinet minister Sinclair Stevens
.
A noted trial lawyer, he was appointed directly to the Supreme Court of Canada on May 24, 1988 without ever having been a judge. At the time it was highly unusual for a Supreme Court of Canada appointee to have had no prior judicial experience. Following Sopinka's death, the court's next appointee, Ian Binnie
, also came directly from private practice.
Sopinka died in 1997 of complications from a rare blood disease.
In 1999, a new courthouse in downtown Hamilton was named in his honour. The John Sopinka Courthouse has 18 courtrooms, accommodating Hamilton's civil, criminal, and small claims courts. The government of Canada had purchased and renovated the Dominion Public Building for an estimated $64-million. The building was erected in 1935-36 and served as the main post office until 1991.
Also in 1999, the Sopinka Cup
was established. This is a national mock trial competition open to law students from law faculties all over Canada. In 2000, the volume Ruled by Law: Essays in Memory of Mr. Justice John Sopinka was published as a special edition of the Supreme Court Law Review (volume 12, second series). Many of the contributors were former law clerks of John Sopinka who had gone on to become law professors. The collection was reprinted by Butterworths Canada as a free-standing volume in 2003.
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...
(March 19, 1933 - November 24, 1997) was a Canadian lawyer and puisne justice
Puisne Justice
A Puisne Justice or Puisne Judge is the title for a regular member of a Court. This is distinguished from the head of the Court who is known as the Chief Justice or Chief Judge. The term is used almost exclusively in common law jurisdictions such as England, Australia, Kenya, Canada, Sri Lanka,...
on 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...
, the first Ukrainian-Canadian appointed to the high court.
Sopinka was born in Broderick
Broderick, Saskatchewan
- See also :* List of communities in Saskatchewan* Villages of Saskatchewan-External links:*******-Footnotes:...
, Saskatchewan
Saskatchewan
Saskatchewan is a prairie province in Canada, which has an area of . Saskatchewan is bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, and on the south by the U.S. states of Montana and North Dakota....
and lived there until his family moved to Hamilton, Ontario
Hamilton, Ontario
Hamilton is a port city in the Canadian province of Ontario. Conceived by George Hamilton when he purchased the Durand farm shortly after the War of 1812, Hamilton has become the centre of a densely populated and industrialized region at the west end of Lake Ontario known as the Golden Horseshoe...
. He completed secondary school at Saltfleet High School in Stoney Creek
Stoney Creek, Ontario
Stoney Creek is a community in Ontario, Canada.Note: This article will only deal with matters up to its amalgamation with Hamilton.-Geography and population:...
. He earned 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...
and 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...
degrees at 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...
. While studying law, he also played professional football
Canadian football
Canadian football is a form of gridiron football played exclusively in Canada in which two teams of 12 players each compete for territorial control of a field of play long and wide attempting to advance a pointed prolate spheroid ball into the opposing team's scoring area...
with the Toronto Argonauts
Toronto Argonauts
The Toronto Argonauts are a professional Canadian football team competing in the East Division of the Canadian Football League. The Toronto, Ontario based team was founded in 1873 and is one of the oldest existing professional sports teams in North America, after the Chicago Cubs and the Atlanta...
(1955 to 1957, 29 games) and then the Montreal Alouettes
Montreal Alouettes
The Montreal Alouettes are a Canadian Football League team based in Montreal, Quebec.The current franchise named the Alouettes moved to Montreal from Baltimore, Maryland, in 1996 where they had been known as the Baltimore Stallions...
(1957, 8 games) of the Canadian Football League
Canadian Football League
The Canadian Football League or CFL is a professional sports league located in Canada. The CFL is the highest level of competition in Canadian football, a form of gridiron football closely related to American football....
. He was called to the bar of Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
in 1960 and practiced law at Fasken & Calven before becoming a senior partner at Stikeman Elliott
Stikeman Elliott
Stikeman Elliott LLP is a Canadian corporate law firm. It is known as one of the "seven sisters" in Toronto and has approximately 500 lawyers in five Canadian offices as well as offices in New York, London , and Sydney. It was founded in 1952 by H...
. He was designated 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 1975 and was also a lecturer at both the Osgoode Hall Law School
Osgoode Hall Law School
Osgoode Hall Law School is a Canadian law school, located in Toronto, Ontario, Canada and affiliated with York University. Named after the first Chief Justice of Ontario, William Osgoode, the law school was established by The Law Society of Upper Canada in 1889 and was the only accredited law...
and the University of Toronto Faculty of Law
University of Toronto Faculty of Law
Established in 1887, the University of Toronto Faculty of Law is one of the oldest professional faculties at the University of Toronto. The Faculty of Law is particularly renowned in the areas of corporate law, international law, law and economics, and legal theory.The law school has been...
. He has authored several books on the law, including a leading text on the law of evidence.
Sopinka was involved with several high profile cases including acting on behalf of Susan Nelles
Susan Nelles
The Toronto Hospital Murders were the poisoning deaths of babies at Toronto's Hospital for Sick Children between June 1980 and March 1981. Susan Marguerite Nelles , who worked there as a nurse, was charged in March 1981 with murdering four babies...
when she sued the government of Ontario and the Toronto
Toronto
Toronto is the provincial capital of Ontario and the largest city in Canada. It is located in Southern Ontario on the northwestern shore of Lake Ontario. A relatively modern city, Toronto's history dates back to the late-18th century, when its land was first purchased by the British monarchy from...
police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
for malicious prosecution
Malicious prosecution
Malicious prosecution is a common law intentional tort, while like the tort of abuse of process, its elements include intentionally instituting and pursuing a legal action that is brought without probable cause and dismissed in favor of the victim of the malicious prosecution...
after the withdrawal of charges against her for murdering babies at the Hospital for Sick Children
Hospital for Sick Children
The Hospital for Sick Children – is a major paediatric centre for the Greater Toronto Area, serving patients up to age 18. Located on University Avenue in Downtown Toronto, SickKids is part of the city’s Discovery District, a critical mass of scientists and entrepreneurs who are focused on...
in Toronto. An inquiry into her case exonerated her and she won damages from the government for her ordeal. In 1986 he represented the Ukrainian Canadian Committee at the Deschênes Commission
Deschênes Commission
The Commission of Inquiry on War Criminals in Canada, often referred to as the Deschênes Commission, was established by the government of Canada in February 1985 to investigate claims that Canada had become a haven for Nazi war criminals...
of Inquiry on War Criminals and argued against the deportation of suspected war criminals to their native lands, particularly the Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
. He also served as counsel to the William Parker Inquiry that looked into the conduct of former cabinet minister Sinclair Stevens
Sinclair Stevens
Sinclair McKnight Stevens, PC is a Canadian lawyer, businessman and former parliamentarian.-Early life:He was born in Esquesing Township , the third child of Northern Irish immigrants Robert Murray Stevens and Anna Bailey McKnight...
.
A noted trial lawyer, he was appointed directly to the Supreme Court of Canada on May 24, 1988 without ever having been a judge. At the time it was highly unusual for a Supreme Court of Canada appointee to have had no prior judicial experience. Following Sopinka's death, the court's next appointee, Ian Binnie
Ian Binnie
William Ian Corneil Binnie was a puisne justice of the Supreme Court of Canada, serving from 1998 to 2011. Of the justices appointed to the Supreme Court in recent years, he is one of the few to have never sat as a judge prior to his appointment.- Personal life and career as lawyer :Binnie was...
, also came directly from private practice.
Sopinka died in 1997 of complications from a rare blood disease.
In 1999, a new courthouse in downtown Hamilton was named in his honour. The John Sopinka Courthouse has 18 courtrooms, accommodating Hamilton's civil, criminal, and small claims courts. The government of Canada had purchased and renovated the Dominion Public Building for an estimated $64-million. The building was erected in 1935-36 and served as the main post office until 1991.
Also in 1999, the Sopinka Cup
Sopinka Cup
The Sopinka Cup is an annual competition organized by The Advocate's Society and sponsored by the American College of Trial Lawyers. This two-day event is aimed to encourage law schools to train students in the art of oral advocacy...
was established. This is a national mock trial competition open to law students from law faculties all over Canada. In 2000, the volume Ruled by Law: Essays in Memory of Mr. Justice John Sopinka was published as a special edition of the Supreme Court Law Review (volume 12, second series). Many of the contributors were former law clerks of John Sopinka who had gone on to become law professors. The collection was reprinted by Butterworths Canada as a free-standing volume in 2003.
See also
- List of decisions by John SopinkaReasons of the Supreme Court of Canada by Justice SopinkaList of reasons written by Justice John Sopinka during his time as Puisne Justice of the Supreme Court of Canada.-1988-1990:* United States of America v. Cotroni; United States of America v. El Zein [1989] 1 S.C.R. 1469...