Robert Smith (Canadian judge)

Robert Smith (December 7, 1858 – March 18, 1942) was a Canadian lawyer, politician and puisne justice of the Supreme Court of Canada.

The Honourable Robert Smith
Puisne Justice of the Supreme Court of Canada
In office May 18, 1927 – December 6, 1933
Nominated by	William Lyon Mackenzie King
Preceded by	None (new position)
Succeeded by	Henry Hague Davis
Member of the Canadian Parliament for Stormont
In office January 20, 1909 – July 29, 1911
Preceded by	Robert Abercrombie Pringle
Succeeded by	Duncan Orestes Alguire
Personal details
Born	(1858-12-07)December 7, 1858 Ramsay Township, Canada West
Died	March 18, 1942(1942-03-18) (aged 83) Ottawa, Ontario, Canada
Political party	Liberal
Children	Arnold Neilson Smith
Military service
Allegiance	Canadian Militia
Years of service	1897 - 1910
Rank	Captain Lieutenant Colonel
Unit	59th Stormont and Glengarry Regiment (1897-1908)
Commands	59th Stormont and Glengarry Regiment (1908-1910)

Early life

Born in Lanark County, Canada West (now Ontario), the son of William Smith and Jean Neilson, he was educated in Almonte and at Osgoode Hall.^[1] He was called to the Ontario Bar in 1885. He then practiced law in Cornwall, Ontario.^[2]

In 1888, Smith married Florence Parker Pettit.^[1]

Smith joined the 59th Stormont and Glengarry Regiment on May 28, 1897 and commanded the regiment as Lieutenant Colonel from 1908 to April 11, 1910.

Political life

In 1904, he ran for the House of Commons of Canada as a Liberal in the riding of Stormont, Ontario. He lost but won in 1908. He did not run for re-election.^[3]

Legal and business life

In 1908, Smith was named King's Counsel. Smith was a director and secretary-treasurer for the Montreal and Cornwall Navigation Company. He served as lieutenant-colonel in the militia.^[1]

In 1922, he was appointed to the High Court Division of the Supreme Court of Ontario and then to the Appellate Division in 1924.^[2] His appointment to the bench was a combination of his abilities and Liberal patronage.^[2] In 1926, Smith served as an ad hoc justice of the Supreme Court of Canada.

Justice of the Supreme Court of Canada

On May 18, 1927, Prime Minister William Lyon Mackenzie King appointed Smith to the newly created seventh seat on the Supreme Court at the age of 67.^[4] His appointment was based on his legal skill, his respected standing at the Ontario bar, and pressure from his son, Arnold Neilson Smith, who had been elected to the House of Commons in 1926.^[2] Smith tried to negotiate a special pension as part of the appointment but accepted only a vague government promise to provide for him in retirement.^[5]

For reasons unknown, the federal government took over a year to appoint a replacement for Justice Smith, eventually appointing Henry Hague Davis in 1935.^[6]

Later life

Smith died in Ottawa at the age of 83.^[1]

Electoral record

v t e 1904 Canadian federal election: Stormont
Party	Candidate	Votes	%	±%
	Conservative	Robert Abercrombie Pringle	2,700	51.0
	Liberal	Robert Smith	2,589	49.0
Total valid votes			5,289
Total rejected ballots			45
Turnout			5,334	76.3
Eligible voters			6,991
Source: Elections Canada[7] and Canada Elections Database[8]

v t e 1908 Canadian federal election: Stormont
Party	Candidate	Votes	%	±%
	Liberal	Robert Smith	2,383	47.0
	Conservative	Robert Abercrombie Pringle	2,033	40.0
	Independent	Ambrose Fitzgerald Mulhern	658	13.0
Total valid votes			5,074
Total rejected ballots			48
Turnout			5,122	72.26	-4.04
Eligible voters			7,088
Source: Elections Canada[9] and Canada Elections Database[10]