Vancouver's intellectual climate breathes fresh air into Beverley McLachlin's open-minded court

    1 of 1 2 of 1

      Not long ago, the director of UBC's Peter Wall Institute for Advanced Studies, Philippe Tortell, spoke about what is becoming a hallmark of West Coast intellectual life.

      According to Tortell, there's an open-minded attitude in Vancouver universities, which are not hindered by as much history or tradition as many postsecondary institutions in other countries. It's reflected in the interdisciplinary approach embraced by many B.C. academics.

      "There's an opportunity here on the West Coast to say we're different," Tortell said. "We're not constrained by convention. We're not constrained by history. There is a fluidity on the West Coast and there's a real willingness to step out of one's comfort zone."

      His remarks coincided with the upcoming release of the Peter Wall Institute for Advanced Studies' new book, Reflections of Canada: Illuminating Our Opportunities and Challenges at 150+

      I thought about those comments as I reviewed Chief Justice Beverley McLachlin's stellar career before writing an article about her upcoming retirement.

      McLachlin, too, didn't seem overly hidebound by history and traditions in her Supreme Court of Canada decisions on a wide variety of topics.

      Her landmark rulings on Canada's first legal supervised-injection site, three of the country's prostitution laws, and the Tsilhquot'in assertion of aboriginal title demonstrated the mind of someone who wasn't afraid to challenge convention.

      She wasn't timid about reaching controversial conclusions on rights-based cases. She demonstrated fluidity in arriving at logical assessments of where previous rulings and the charter of rights indicated to her how the law should be applied.

      For that, she became an inspiration to many across Canada.

      McLachlin's knack for bringing other Supreme Court justices together to work in harmony was also a sharp departure from the past. Silos were shattered, in a similar manner to what's occurring at B.C. universities.

      She was born in Pincher Creek, Alberta, but was strongly influenced by the intellectual climate in Vancouver.

      McLachlin was called to the B.C. bar in 1971 and was an associate professor and full professor of law at UBC from 1974 to 1981. She moved on from there to be a judge on the Vancouver County Court, later becoming a B.C. Court of Appeal justice and then chief justice of the B.C. Supreme Court. In 1989, she was appointed to the Supreme Court of Canada by then prime minister Brian Mulroney.

      Of course, B.C. has long been a hothouse of fresh thinking in Canada. In the early 1970s, the Barrett government created an Agricultural Land Reserve to preserve farmland for future generations. B.C. was also the first outpost of right-wing free-market zealotry in Canada, as embodied by the Bennett government's restraint program of the early 1980s. That grew out of the Fraser Institute, which was established in Vancouver in 1974.

      B.C. is the only jurisdiction that gives citizens the power to recall politicians and to launch initiatives to strike down legislation that they oppose.

      And our province's intellectuals and legal scholars have often been beacons for the country. They've helped force national changes in everything from LGBT legal rights to physician-assisted death to looking upon drug addiction as a medical issue.

      In many instances, the B.C. Civil Liberties Association has played a leading role.

      In the 1990s, B.C. doctors led the country in advancing public-health initiatives, including mandatory use of bicycle helmets.

      This type of fresh thinking has also been on display in trying to figure out how to address the world's most pressing environmental challenges. All three of B.C.'s major universities are national leaders in this regard.

      So as you stop to ponder about the magnificent legal career of Beverley McLachlin, also spare a thought for the milieu in which she honed her legal mind.

      She represents a West Coast intellectual tradition that is reshaping the country. And that's something you probably won't hear about in the central Canadian media.

      Comments