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Charles Fitzpatrick
20th-century Chief Justice of Canada and Lieutenant Governor of Quebec From Wikipedia, the free encyclopedia
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Sir Charles Fitzpatrick, PC, GCMG (December 19, 1851 – June 17, 1942) was a Canadian lawyer and politician who served as Minister of Justice of Canada, as Chief Justice of Canada and then as Lieutenant Governor of Quebec.
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Early life
Fitzpatrick was born in Quebec City, Canada East, to John Fitzpatrick and Mary Connolly.[1] He studied at Laval University, where he earned a Bachelor of Arts degree (1873) and a Bachelor of Laws degree (1876), receiving the Dufferin Silver Medal.[2] Called to the bar of Quebec in 1876, he established his practice in Quebec City and later founded the law firm of Fitzpatrick & Taschereau.[1]
In 1885, he acted as chief counsel to Louis Riel, who was on trial for leading the North-West Rebellion. Riel was found guilty and sentenced to death.[3]
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Political life
Fitzpatrick entered politics in 1890, winning election to the Quebec Legislative Assembly in the Québec-Comté electoral district. He was re-elected in 1892, but he resigned in June 1896 to enter federal politics.[4]
He was first elected to the House of Commons of Canada in the Quebec County electoral district in the 1896 federal election as a Liberal Member of Parliament (MP). He served as Solicitor General of Canada from 1896 to 1902, and as Minister of Justice from 1902 until 1906.[3][4] In 1905, he took part, as the federal government representative, in the negotiations that led to the creation of the provinces of Alberta and Saskatchewan.
As Solicitor General, Fitzpatrick advocated for several reforms to the Supreme Court. He was sympathetic to Chief Justice Samuel Henry Strong's request for additional funding to attend court as a member of the Judicial Committee of the Privy Council.[5] Additionally, Fitzpatrick raised the status of the Registrar of the Supreme Court to the level of a deputy head in the civil service.[6]
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Chief Justice of the Supreme Court of Canada
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On June 4, 1906, Prime Minister Wilfrid Laurier appointed Fitzpatrick the 5th Chief Justice of Canada after the retirement of Henri Elzéar Taschereau on May 2, 1906.[7] Personally, Fitzpatrick sought a role on the Supreme Court as early as 1904, but Prime Minister Laurier opposed his appointment, noting his importance to his Cabinet.[8] With his appointment to Chief Justice, Fitzpatrick became the only person appointed directly to the role since the first Chief Justice William Buell Richards, and the only person appointed to the role appointed without any prior judicial experience.[9]
Fitzpatrick and the Court took a narrow view of civil liberties. In Quong Wing v The King, the Court upheld a Saskatchewan law prohibiting white women from working for Chinese-Canadian men. In upholding the law, Fitzpatrick considered it similar to any other employment legislation, intended to "safeguard the bodily health, but also the morals of Canadian workers."[10][ps 1]
Snell and Vaughan note that the retirement of Chief Justice Samuel Henry Strong in 1902 led to an improvement in the inter-personal relationships of the Court. Several of the Justices made efforts to create a cooperative atmosphere at the Court.[11] Chief Justice Fitzpatrick's efforts were a main catalyst for this improvement. He secured a knighthood for the senior Puisne Justice Girouard.[12] When conflicts did arise, justices were cooperative and the issues did not linger.[12]
As Chief Justice, the Court made several changes to improve efficiency and administration for French language appeals. In 1907, to increase efficiency of the Court, the rules of the Court restricted the number of counsel that could be heard by each side of a case to two, and a maximum time of three hours for arguments.[13] In 1908, a French stenographer was appointed to the Court staff.[13] Additionally, Fitzpatrick made more frequent use of judicial conferences than his predecessors, and was known to consult Court staff members including his secretary and the Court Registrar on his draft decisions.[12]
Fitzpatrick continued to participate in politics on the bench, giving private political advice to active politicians.[14] Fitzpatrick lobbied the government to appoint Judge Cannon of Quebec to the Court upon the death of Justice Robert Sedgewick.[14] Fitzpatrick had a personal debt to Prime Minister Wilfrid Laurier of $5,000.[14] Fitzpatrick did not only provide political advice to the Liberal government, but also recommended Senate appointments, legislation and provided political advice on issues in Quebec to the Borden government.[14] Snell and Vaughn note that Fitzpatrick acted as Prime Minister Borden's personal agent to the Quebec Conservative Party.[14]
Fitzpatrick was appointed to the Imperial Privy Council in 1909, permitting him to sit as a member of the Judicial Committee of the Privy Council.[15] His appointment was delayed as there was a maximum of two appointments, and former Chief Justice of Canada Samuel Henry Strong refused to resign despite no longer attending sessions.[15] In 1909, Fitzpatrick was appointed as a British member of the Permanent Court of Arbitration in the Hague. He enjoyed the appointment and made a considerable effort to be reappointed in 1913.[15]
On October 20, 1918, Fitzpatrick resigned as Chief Justice to accept an the Lieutenant Governor of Quebec.[7] Prime Minister Robert Borden appointed Louis Henry Davies of Prince Edward Island as Fitzpatrick's successor.
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Lieutenant Governor of Quebec
Fitzpatrick served as the 12th Lieutenant Governor of Quebec since Confederation until October 31, 1923.
Partway through his term as Lieutenant Governor, his wife's nephew (Louis-Alexandre Taschereau) became the Premier of Quebec.
Personal life
On May 20, 1879, Fitzpatrick married Marie-Elmire-Corinne Caron. She was the daughter of René-Édouard Caron, 2nd Lieutenant Governor of Quebec, and his wife Marie-Joséphine De Blois.
Following tradition, Fitzpatrick as the Chief Justice was knighted in 1907.[16] However, Fitzpatrick argued that a knight bachelorhood was insufficient and threatened to reject the appointment, so he was awarded the Order of St Michael and St George.[16]
Fitzpatrick died on June 17, 1942, at the age of 90 years and 6 months. He is interred in Sillery, at Saint-Michel Cemetery (cimetière Saint-Michel de Sillery).[17]
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Electoral record
By-election: On Mr. Fitzpatrick being appointed Solicitor General, 11 July 1896
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Archives
There is a Charles Fitzpatrick fonds at Library and Archives Canada.[18]
References
Further reading
External links
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