Lyman Poore Duff
Encyclopedia
Sir Lyman Poore Duff, GCMG, PC
, QC
(January 7, 1865 – April 26, 1955) was Chief Justice
of the Supreme Court of Canada
and briefly served as Acting
Governor General of Canada
in 1931 and 1940.
Born in Meaford, Ontario
to a Congregationalist minister, he received a Bachelor of Arts
in mathematics
and metaphysics
in 1887 and a Bachelor of Laws
in 1889 from the University of Toronto
. He was called to the Ontario Bar
in 1893. In 1901, he was created a Queen's Counsel
. From 1890 to 1895, he was a teacher of math at Barrie Collegiate Institute
. He was a lawyer
in Fergus, Ontario
and moved to Victoria, British Columbia
in 1895 to practise law.
In 1904, he was appointed a puisne judge of the Supreme Court of British Columbia
. In 1906 was appointed a justice of the Supreme Court of Canada. He was appointed Chief Justice of Canada
in 1933 and retired in 1944. On January 14, 1914, he was made a member of the Privy Council of the United Kingdom.
In 1931, he served as Administrator of the Government
of Canada between the departure of Lord Bessborough for India and the arrival of Lord Tweedsmuir
. Duff took on the position, as the Chief Justice was unavailable. In 1933, Duff was promoted to Chief Justice. He was made a Knight Grand Cross of the Order of St. Michael and St. George the following year as a result of Prime Minister Richard Bennett
's temporary suspension of the Nickle Resolution.
When Governor General Lord Tweedsmuir died in office on February 11, 1940, according to the rules of succession, Chief Justice Duff became acting Governor General. He held the office for nearly four months, until the Queen of Canada appointed a new Governor General on June 21, 1940, acting on the advice of her Canadian Cabinet. Duff was the first Canadian to hold the position, even in the interim
. A Canadian Governor General was not appointed until Vincent Massey
in 1952.
Queen's Privy Council for Canada
The Queen's Privy Council for Canada ), sometimes called Her Majesty's Privy Council for Canada or simply the Privy Council, is the full group of personal consultants to the monarch of Canada on state and constitutional affairs, though responsible government requires the sovereign or her viceroy,...
, QC
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...
(January 7, 1865 – April 26, 1955) was 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 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...
and briefly served as Acting
Acting
Acting is the work of an actor or actress, which is a person in theatre, television, film, or any other storytelling medium who tells the story by portraying a character and, usually, speaking or singing the written text or play....
Governor General of Canada
Governor General of Canada
The Governor General of Canada is the federal viceregal representative of the Canadian monarch, Queen Elizabeth II...
in 1931 and 1940.
Meaford, Ontario
Meaford is a Canadian municipality in Grey County, Ontario. Meaford is located on Nottawasaga Bay, a sub-basin of Georgian Bay, in southern Ontario....
to a Congregationalist minister, 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...
in mathematics
Mathematics
Mathematics is the study of quantity, space, structure, and change. Mathematicians seek out patterns and formulate new conjectures. Mathematicians resolve the truth or falsity of conjectures by mathematical proofs, which are arguments sufficient to convince other mathematicians of their validity...
and metaphysics
Metaphysics
Metaphysics is a branch of philosophy concerned with explaining the fundamental nature of being and the world, although the term is not easily defined. Traditionally, metaphysics attempts to answer two basic questions in the broadest possible terms:...
in 1887 and a 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...
in 1889 from 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...
. He was called to the Ontario Bar
Law Society of Upper Canada
The Law Society of Upper Canada is responsible for the self-regulation of lawyers and paralegals in the Canadian province of Ontario, Canada. Founded in 1797, it is known in French as "Le Barreau du Haut-Canada"...
in 1893. In 1901, he was created a 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...
. From 1890 to 1895, he was a teacher of math at Barrie Collegiate Institute
Barrie Central Collegiate Institute
Barrie Central Collegiate Institute is a public secondary school located in Barrie, Ontario, Canada. The oldest school in Simcoe County, it was founded in 1843, and currently has an enrollment of about 1050 students. The administrative staff includes Mr. Russell Atkinson , Ms. Linda Kuehr and Mr....
. He was a 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...
in Fergus, Ontario
Fergus, Ontario
Fergus is the largest community in Centre Wellington, a township within Wellington County in Ontario, Canada. It lies on the Grand River about 25 km north of Guelph.-History:...
and moved to Victoria, British Columbia
Victoria, British Columbia
Victoria is the capital city of British Columbia, Canada and is located on the southern tip of Vancouver Island off Canada's Pacific coast. The city has a population of about 78,000 within the metropolitan area of Greater Victoria, which has a population of 360,063, the 15th most populous Canadian...
in 1895 to practise law.
In 1904, he was appointed a puisne judge of the Supreme Court of British Columbia
Supreme Court of British Columbia
The Supreme Court of British Columbia is the superior trial court for the province of British Columbia. The BCSC hears civil and criminal law cases as well as appeals from the Provincial Court of British Columbia. Including supernumerary judges, there are presently 108 judges...
. In 1906 was appointed a justice of the Supreme Court of Canada. He was appointed Chief Justice of Canada
Chief Justice of Canada
The Chief Justice of Canada, like the eight puisne Justices of the Supreme Court of Canada, is appointed by the Governor-in-Council . All nine are chosen from either sitting judges or barristers who have at least ten years' standing at the bar of a province or territory...
in 1933 and retired in 1944. On January 14, 1914, he was made a member of the Privy Council of the United Kingdom.
In 1931, he served as Administrator of the Government
Administrator of the Government
An Administrator in the constitutional practice of some countries in the Commonwealth is a person who fulfils a role similar to that of a Governor or a Governor-General...
of Canada between the departure of Lord Bessborough for India and the arrival of Lord Tweedsmuir
John Buchan, 1st Baron Tweedsmuir
John Buchan, 1st Baron Tweedsmuir was a Scottish novelist, historian and Unionist politician who served as Governor General of Canada, the 15th since Canadian Confederation....
. Duff took on the position, as the Chief Justice was unavailable. In 1933, Duff was promoted to Chief Justice. He was made a Knight Grand Cross of the Order of St. Michael and St. George the following year as a result of Prime Minister Richard Bennett
R. B. Bennett
Richard Bedford Bennett, 1st Viscount Bennett, PC, KC was a Canadian lawyer, businessman, politician, and philanthropist. He served as the 11th Prime Minister of Canada from August 7, 1930, to October 23, 1935, during the worst of the Great Depression years...
's temporary suspension of the Nickle Resolution.
When Governor General Lord Tweedsmuir died in office on February 11, 1940, according to the rules of succession, Chief Justice Duff became acting Governor General. He held the office for nearly four months, until the Queen of Canada appointed a new Governor General on June 21, 1940, acting on the advice of her Canadian Cabinet. Duff was the first Canadian to hold the position, even in the interim
Interim
Interim is an album by British rock band The Fall, compiled from live and studio material and released in 2004. It features the first officially released versions of "Clasp Hands", "Blindness" and "What About Us?" — all of which were later included on the band's next studio album Fall Heads Roll —...
. A Canadian Governor General was not appointed until Vincent Massey
Vincent Massey
Charles Vincent Massey was a Canadian lawyer and diplomat who served as Governor General of Canada, the 18th since Canadian Confederation....
in 1952.