Gérard La Forest

Gérard La Forest
Name	Gérard La Forest
Birth date	November 17, 1926
Birth place	Bathurst, New Brunswick, Canada
Death date	June 22, 2019
Occupation	Jurist, Lawyer, Professor
Offices	Justice of the Supreme Court of Canada (1985–1997)

Gérard La Forest was a Canadian jurist who served as a puisne Justice of the Supreme Court of Canada from 1985 to 1997. He was noted for expertise in constitutional law, maritime law, and civil procedure, and for contributions to legal scholarship, pedagogy, and public inquiries in Canada and internationally. His career intersected with institutions and figures across Canadian law, academe, and public policy.

Early life and education

Born in Bathurst, New Brunswick, La Forest grew up in a Francophone community with ties to New Brunswick politics and culture, including the influence of Acadian people and local legal traditions. He attended the University of New Brunswick where he obtained a Bachelor of Arts and later studied law at the University of New Brunswick Faculty of Law. He pursued graduate study at Harvard Law School and engaged with comparative law scholarship connected to institutions such as the Université de Montréal and the University of Toronto. His early contacts included professors affiliated with McGill University and visiting scholars from Oxford University and Yale University.

Legal career and practice

La Forest was called to the bar in New Brunswick and practised as a solicitor and litigator with links to regional firms and national bar associations such as the Canadian Bar Association and the New Brunswick Bar Association. He taught at law faculties including Dalhousie University and contributed to professional bodies like the Law Society of New Brunswick and committees associated with the Supreme Court of Canada. His practice involved Admiralty matters connected to the Saint John River, federal statutes under the British North America Act, 1867 debates, and commercial disputes invoking jurisprudence from the Court of Appeal for Ontario and the Court of Queen's Bench of New Brunswick. He engaged with leading jurists including colleagues influenced by decisions of the Privy Council (Canada) era and modern jurisprudence emanating from the Federal Court of Canada.

Supreme Court of Canada

Appointed to the Supreme Court of Canada in 1985, La Forest joined a bench that included justices who had shaped the post-Canadian Charter of Rights and Freedoms landscape. During his tenure he deliberated on cases involving federalism disputes tied to provinces such as Quebec and Ontario, questions about administrative law referencing the Canadian Human Rights Commission, and statutory interpretation affecting agencies like the Canada Revenue Agency and the Royal Canadian Mounted Police. He worked alongside contemporaries who engaged with precedents from the Judicial Committee of the Privy Council and developments in comparative constitutional law from jurisdictions such as the United States Supreme Court and the House of Lords.

Judicial philosophy and notable decisions

La Forest's jurisprudence reflected influence from civil law and common law traditions, drawing on comparative sources including decisions from the Supreme Court of the United States, the European Court of Human Rights, and scholarship from the Harvard Law Review and University of Toronto Law Journal. He authored opinions on federal-provincial division of powers that referenced doctrines developed in cases like those adjudicated by the Privy Council (United Kingdom) and applied principles from admiralty cases influenced by Lord Denning. His notable decisions encompassed constitutional questions, maritime liability issues connected to ports such as Halifax, Nova Scotia, and administrative law matters implicating tribunals like the Canadian International Trade Tribunal. Colleagues cited his reasoned engagement with sources from the International Court of Justice, the Inter-American Court of Human Rights, and comparative analyses published by the Osgoode Hall Law School and the Faculty of Law, McGill University.

Post-retirement activities and honours

After retiring from the Supreme Court, La Forest served on commissions and inquiries, contributing expertise to bodies including provincial commissions in New Brunswick and federal review panels associated with agencies such as the Department of Justice (Canada). He lectured at institutions like Queen's University and York University and provided counsel in international arbitration forums linked to the International Centre for Settlement of Investment Disputes and the Permanent Court of Arbitration. His honours included recognition from provincial governments, legal societies such as the Canadian Bar Association and the Royal Society of Canada, and awards similar to those given by the Order of Canada and provincial orders, reflecting a national profile engaged with organizations like the Canadian Judicial Council.

Personal life and legacy

La Forest's personal life was rooted in Bathurst, New Brunswick and he remained connected to Francophone communities including ties to Université de Moncton alumni and cultural institutions like the Acadian Festival. His legacy endures in Canadian case law shaping doctrines of federalism, maritime law, and administrative fairness, influencing law schools such as University of British Columbia Faculty of Law, University of Alberta Faculty of Law, and practitioners within the Canadian legal profession. His writings and judgments are regularly cited in decisions from the Federal Court of Appeal, provincial courts of appeal such as the Court of Appeal for Ontario, and comparative treatments in publications from the International Journal of Constitutional Law and the Canadian Journal of Law and Jurisprudence.

Category:Justices of the Supreme Court of Canada Category:Canadian jurists Category:1926 births Category:2019 deaths