1 00:00:05,044 --> 00:00:08,077 I it's with I'll lot serve I am 2 00:00:08,077 --> 00:00:13,143 pleasure and only a little trepidation that I welcome everyone back to 3 00:00:14,043 --> 00:00:18,086 New Year the new term and of course part 2 4 00:00:18,086 --> 00:00:21,120 have ethical lawyering and a global community and we 5 00:00:22,002 --> 00:00:25,024 are very as much looking forward to 6 00:00:25,042 --> 00:00:29,076 this section of the course to getting at back into 7 00:00:29,076 --> 00:00:32,119 and how the lively discussions we left off in September 8 00:00:33,019 --> 00:00:36,067 hearing more about your own thoughts and 9 00:00:36,067 --> 00:00:39,126 journeys in at Law School over the other 10 00:00:40,026 --> 00:00:43,055 courses you took in the fall and of course 11 00:00:43,055 --> 00:00:46,138 exploring some really important interesting 12 00:00:47,038 --> 00:00:51,897 issues compelling and top-of-mind topics given the headlines 13 00:00:52,239 --> 00:00:55,305 a in the fall and of course I'm getting you 14 00:00:55,899 --> 00:01:00,160 I rolling up your own sleeve said I in now the paper and 15 00:01:00,016 --> 00:01:03,084 in the at the case study project in you'll hear more about 16 00:01:03,084 --> 00:01:07,113 all of that in addition to the various air readings and 17 00:01:07,869 --> 00:01:10,872 themes for each day when we yes separate 18 00:01:10,899 --> 00:01:13,982 into our sections after this plenary session 19 00:01:14,729 --> 00:01:18,510 but the plenary session I is an absolutely 20 00:01:18,051 --> 00:01:21,059 perfect way to kickoff part 2 21 00:01:21,059 --> 00:01:24,878 I and I'll introduce a in cairo is here too 22 00:01:25,409 --> 00:01:29,520 take us through a little bit over different lands on 23 00:01:29,052 --> 00:01:32,104 professionalism ethics and legal education and one that 24 00:01:33,004 --> 00:01:36,943 I is rooted in the question that we haven't really explored 25 00:01:36,979 --> 00:01:41,790 I well enough it seems to me after week one at this course and that's how did we 26 00:01:41,079 --> 00:01:41,142 get here 27 00:01:42,042 --> 00:01:46,103 where did we come from how did the profession legal education 28 00:01:47,003 --> 00:01:52,021 take shape in at least this jurisdiction but again no jurisdiction 29 00:01:52,021 --> 00:01:56,046 I is in a vacuum and so picking up on trends and themes 30 00:01:56,046 --> 00:01:59,132 I in the US in the UK elsewhere in the world 31 00:02:00,032 --> 00:02:05,095 I is an important comparative and insider lands on that the topics were 32 00:02:05,095 --> 00:02:05,168 exploring 33 00:02:06,068 --> 00:02:11,087 I and olive it has a really important and really intriguing history and some 34 00:02:11,087 --> 00:02:12,101 of the stories 35 00:02:13,001 --> 00:02:17,053 I that ought to be told about that history you're gonna hear through the 36 00:02:17,053 --> 00:02:19,082 eyes of some the individuals who 37 00:02:19,082 --> 00:02:22,170 where either a product other times are help shape their times I think it's fair 38 00:02:23,007 --> 00:02:24,016 to say 39 00:02:24,709 --> 00:02:28,260 I and I we hope that that discussion and the sense over 40 00:02:28,026 --> 00:02:31,033 historically rooted vision 41 00:02:31,033 --> 00:02:35,051 have legal professionalism is something that carries forward air during 42 00:02:35,051 --> 00:02:39,129 this says second part for the course so 43 00:02:40,029 --> 00:02:43,117 Ian is the a perfect interlocutor for 44 00:02:44,017 --> 00:02:47,105 for this project and many have you will know him from 45 00:02:48,005 --> 00:02:51,023 at the I really am and 46 00:02:51,023 --> 00:02:56,067 enjoyable and landmark study he co author to the fiercest debate 47 00:02:56,067 --> 00:03:00,069 which tells a story not just a vase good but I have 48 00:03:00,087 --> 00:03:03,092 legal education and cherry only in the 49 00:03:03,092 --> 00:03:06,741 emergence at the University of Toronto's law school in the other law schools in 50 00:03:07,569 --> 00:03:08,410 the province 51 00:03:08,041 --> 00:03:11,059 and told through the story 52 00:03:11,059 --> 00:03:16,072 have Cesar a right to is really one at that most remarkable figures 53 00:03:16,072 --> 00:03:19,811 in the history of legal education and as someone of course who played a 54 00:03:20,459 --> 00:03:26,470 huge role in this law school so at how did at your income to 55 00:03:26,047 --> 00:03:29,062 be the interlocutor a legal I'm 56 00:03:29,062 --> 00:03:32,241 educations history he'll tell you a little bit more about that 57 00:03:32,799 --> 00:03:36,410 but let me tell you a word or two about him 58 00:03:36,041 --> 00:03:39,125 any brings not only and a law degree but 59 00:03:40,025 --> 00:03:43,090 a a doctorate and in 60 00:03:43,009 --> 00:03:47,072 he was it in history I hope it was in history I it's a kinda thing you should 61 00:03:48,053 --> 00:03:50,068 check before launching into someone's 62 00:03:50,068 --> 00:03:55,140 background but it was Sam just as he received his doctorate 63 00:03:56,004 --> 00:03:59,083 I think just before he was receiving an 64 00:04:00,019 --> 00:04:03,060 at his call that he was asked to join 65 00:04:03,006 --> 00:04:08,395 now what was then fast kine and Calvin now Fasken Martineau or simply faz kins 66 00:04:08,989 --> 00:04:12,700 where he spent their the bulk up his career 67 00:04:12,007 --> 00:04:14,126 following the trajectory 68 00:04:14,819 --> 00:04:17,835 in the growth of it. law and 69 00:04:17,979 --> 00:04:21,250 all the different pre-mutation state 70 00:04:21,025 --> 00:04:24,066 at the world the technology has created for law 71 00:04:24,066 --> 00:04:28,081 any spend I was just double checking this I know I've got it right 72 00:04:28,081 --> 00:04:32,156 33 years ADF askins before his 73 00:04:33,056 --> 00:04:36,107 retirement from the firm in 2013 and we are 74 00:04:37,007 --> 00:04:41,726 commenting on how comin an experience that would have been for those 75 00:04:41,789 --> 00:04:43,330 graduating in his 76 00:04:43,033 --> 00:04:46,050 year and how rare it's going to be for any view 77 00:04:46,005 --> 00:04:49,544 to spend your entire career more lesser 78 00:04:50,039 --> 00:04:53,470 single firm he has gone on 79 00:04:53,047 --> 00:04:56,926 from that long career gaskins at two now 80 00:04:57,349 --> 00:05:01,840 a practice say in-house in again information technology law 81 00:05:01,084 --> 00:05:05,158 at rpm technologies and I think it's a.m. 82 00:05:06,058 --> 00:05:09,097 again testament that he's well known to many of us 83 00:05:09,097 --> 00:05:13,666 for his work in legal history legal education and so forth but 84 00:05:14,539 --> 00:05:17,583 he is also one of the country's 85 00:05:17,979 --> 00:05:22,991 a finest lawyers in the field he specialized in has been 86 00:05:23,099 --> 00:05:26,770 recognized as a in a variety of the 87 00:05:26,077 --> 00:05:29,100 Alexis top lawyers like spurts 88 00:05:30,000 --> 00:05:35,011 a top list and so forth and at lectures and 89 00:05:35,011 --> 00:05:39,160 practices in areas that really have have begun with 90 00:05:39,259 --> 00:05:43,303 computers and now include online gaming all sorts serve 91 00:05:43,699 --> 00:05:48,768 important in scary new worlds his two main box in history that 92 00:05:49,389 --> 00:05:52,395 them when which I'd mention the fiercest debate 93 00:05:52,449 --> 00:05:56,471 that's easily write the benchers in legal education in Ontario you'll see 94 00:05:56,669 --> 00:05:57,370 and 95 00:05:57,037 --> 00:06:00,103 had the first introductory section in your readings for today 96 00:06:01,003 --> 00:06:05,057 his other more recent book lawyers families and businesses 97 00:06:05,057 --> 00:06:09,656 the shaping up to be a street law firm baskin's from 1863 98 00:06:10,169 --> 00:06:13,247 in 1963 was published by the Osgoode society 99 00:06:13,949 --> 00:06:17,968 in 2013 and again there's a series is the 100 00:06:18,139 --> 00:06:21,380 articles and other publications to his credit 101 00:06:21,038 --> 00:06:24,857 over the years have his busy practice so 102 00:06:25,199 --> 00:06:27,510 we're really delighted dad to welcome 103 00:06:27,051 --> 00:06:30,114 you hear EN we're gonna have a chance to 104 00:06:31,014 --> 00:06:35,015 hear the stories that you're gonna tell and then they'll be 105 00:06:35,024 --> 00:06:39,063 a sometime afterwards for questions and we hope this will lead into lively 106 00:06:39,063 --> 00:06:40,155 discussions in the sections to calm 107 00:06:41,055 --> 00:06:44,056 please join me and this and 108 00:06:44,056 --> 00:06:47,060 brisk morning in giving a warm welcome to Ian kyr 109 00:06:47,096 --> 00:06:53,141 thank you dean 110 00:06:54,041 --> 00:06:58,050 when I I was in first year law 111 00:06:58,005 --> 00:07:01,044 I didn't want to be here I 112 00:07:01,089 --> 00:07:04,096 I had done a PhD in mediaeval ecclesiastical history 113 00:07:05,059 --> 00:07:08,134 and I discovered as my father had warned me years before 114 00:07:09,034 --> 00:07:12,070 that nobody would hire me with that setup a background 115 00:07:12,007 --> 00:07:15,075 was my wife to convince me to go to law school so I was sitting 116 00:07:16,038 --> 00:07:20,103 in class wishing I was actually teaching in history department which I was doing 117 00:07:21,003 --> 00:07:21,077 part-time 118 00:07:21,077 --> 00:07:25,123 time I'm much to the chagrin of the Dean who told me that this country to the 119 00:07:26,023 --> 00:07:26,072 rules 120 00:07:26,072 --> 00:07:29,139 anyway what at what 121 00:07:30,039 --> 00:07:34,068 really got me involved in law which by the way I love 122 00:07:34,068 --> 00:07:38,069 and I have enjoy practicing law immensely so my life 123 00:07:38,078 --> 00:07:42,084 really deserves a lot of credit for getting me into a practice which I've 124 00:07:42,084 --> 00:07:42,171 truly enjoyed 125 00:07:43,071 --> 00:07:46,100 but to put really got me into this was a 126 00:07:47,000 --> 00:07:50,051 now mister Justice Robert sharp I thought Obama's 127 00:07:50,051 --> 00:07:53,078 as professor Bob Sharp he was teaching a class 128 00:07:53,078 --> 00:07:57,103 like this a in first-year where his job was to 129 00:07:58,003 --> 00:08:02,004 give us some background on legal history and 130 00:08:02,004 --> 00:08:05,051 I don't know if you know just sharpy's fine gentleman 131 00:08:05,051 --> 00:08:08,079 and the has become quite a legal scholar but at the time 132 00:08:08,079 --> 00:08:12,112 he's he said to the class I don't know very much about legal history at all 133 00:08:13,012 --> 00:08:16,048 their public people in the audience that no more but legal history 134 00:08:16,048 --> 00:08:19,066 than I do if any if you would like to teach is par for the course just let you 135 00:08:19,066 --> 00:08:19,097 know 136 00:08:19,097 --> 00:08:22,179 I put up my hand 137 00:08:23,079 --> 00:08:25,170 and he denied and tot the legal history section 138 00:08:26,007 --> 00:08:29,015 as during the three years and I was at Law School it was fun I loved it 139 00:08:30,005 --> 00:08:33,031 it gave me an opportunity to blend by history 140 00:08:33,076 --> 00:08:36,090 interests with my legal a studies 141 00:08:36,009 --> 00:08:41,208 and I got bitten by the bug and I have been studying legal history ever since 142 00:08:42,099 --> 00:08:46,400 and there's a lot of great stories and i wanna share something with you 143 00:08:46,004 --> 00:08:49,062 the theme up my presentation today is 144 00:08:49,098 --> 00:08:52,101 its my question how 145 00:08:53,001 --> 00:08:56,058 ought we to train lawyers and its 146 00:08:56,058 --> 00:09:00,074 interesting that the answer to that question has differed dramatically 147 00:09:00,074 --> 00:09:03,093 over the years the 148 00:09:03,093 --> 00:09:07,161 the early years we're gonna start in 1856 in a moment but 149 00:09:08,061 --> 00:09:11,107 the early years I'll take it for granted that the way 150 00:09:12,007 --> 00:09:15,022 to learn to be a lawyer was to work with 151 00:09:15,022 --> 00:09:19,076 a lawyer you were an apprentice so 152 00:09:19,076 --> 00:09:23,088 it was thought to be enough to basically learn 153 00:09:23,088 --> 00:09:26,174 how to prepare the documents where to file them 154 00:09:27,074 --> 00:09:30,135 how to fill out forms and so on by working with someone 155 00:09:31,035 --> 00:09:34,036 doing that as well they refer to it as an articled clerk 156 00:09:34,045 --> 00:09:38,052 we would say articling today City think at the 5 W's 157 00:09:39,015 --> 00:09:42,031 who where what when and why 158 00:09:42,031 --> 00:09:45,098 the emphasis was all in the first four who 159 00:09:45,098 --> 00:09:48,110 who %ah to prepare documents and who as legal rights 160 00:09:49,001 --> 00:09:52,006 where r documents to be filed 161 00:09:52,015 --> 00:09:55,053 what are they to say when should they be done all other 162 00:09:55,053 --> 00:09:58,085 how to do things the practical aspects 163 00:09:58,085 --> 00:10:01,148 a practice very little spent on why 164 00:10:02,048 --> 00:10:05,102 in fact I think it's probably safe to say no time spit 165 00:10:06,002 --> 00:10:10,038 on why why do we have laws why did they take the form they do 166 00:10:10,038 --> 00:10:13,081 what interests are the intended to to protect 167 00:10:13,081 --> 00:10:17,098 what to behavior the intended to discourage letter that 168 00:10:17,098 --> 00:10:20,144 was thought to be important to practicing practicing was basically 169 00:10:21,044 --> 00:10:25,116 a trade and you learn it by working with others who are specialists 170 00:10:26,016 --> 00:10:29,043 in that trade 171 00:10:29,043 --> 00:10:32,054 the these over time as we will see 172 00:10:32,054 --> 00:10:36,081 another view developed a few that we have now also have taken for granted 173 00:10:36,081 --> 00:10:37,175 that the proper way to train people is the 174 00:10:38,075 --> 00:10:41,128 like you go to university you doing undergraduate degree 175 00:10:42,028 --> 00:10:45,120 you then go on and do you're a college graduate work in 176 00:10:46,002 --> 00:10:49,016 in law so 177 00:10:49,034 --> 00:10:52,126 this came to be seen as the debate between the law school 178 00:10:53,026 --> 00:10:57,032 and the office the office being where you learn practical things 179 00:10:57,086 --> 00:11:01,088 and you'll hear people as we go through and look at this talking about 180 00:11:01,088 --> 00:11:05,141 the office on the law school and carried through 181 00:11:06,041 --> 00:11:09,050 its early ideas only naturally 182 00:11:09,005 --> 00:11:12,008 from England because it was an English colony 183 00:11:12,008 --> 00:11:16,102 and England the chip lead system the apprenticeship system 184 00:11:17,074 --> 00:11:20,163 was the way that one learned how to be a lawyer and so in Ontario that was 185 00:11:21,063 --> 00:11:21,124 adopted 186 00:11:22,024 --> 00:11:25,100 overtime board more we drew ideas 187 00:11:26,000 --> 00:11:30,001 from the United States where the Harvard Law School model 188 00:11:30,001 --> 00:11:33,040 came to be seen as the way to train lawyers 189 00:11:33,004 --> 00:11:37,035 but Intel realize you will discover never abandon the idea 190 00:11:37,071 --> 00:11:40,143 that learning about how to do things it through an apprenticeship 191 00:11:41,043 --> 00:11:44,117 was an important aspect of legal education so wanna looks 192 00:11:45,017 --> 00:11:48,102 what I look at the last 150 years or so love 193 00:11:49,002 --> 00:11:52,018 legal education through the eyes love 194 00:11:52,018 --> 00:11:56,083 six lawyers Nainital apologize for the fact 195 00:11:56,083 --> 00:11:59,101 that all of them except one 196 00:12:00,001 --> 00:12:03,076 who I wish had been a member of askins wasn't all them 197 00:12:03,076 --> 00:12:06,133 there at the time to look at a member's a fast dance that's in part because 198 00:12:07,033 --> 00:12:10,066 just written history the firm in these are people that I've come to know 199 00:12:10,066 --> 00:12:13,068 and unlike in the tell the story very well 200 00:12:13,086 --> 00:12:16,139 so we'll start with 201 00:12:17,039 --> 00:12:23,088 Edward Marion Chad 202 00:12:23,088 --> 00:12:26,095 1857 marion is he was called 203 00:12:27,058 --> 00:12:30,085 began his legal studies in wells 204 00:12:30,085 --> 00:12:34,177 where he became an article search he was 16 years old 205 00:12:35,077 --> 00:12:40,155 he had done high school 206 00:12:41,055 --> 00:12:47,083 as matriculated as they said them and he was about to become a lawyer 207 00:12:47,083 --> 00:12:50,115 so the Law Society provided him 208 00:12:51,015 --> 00:12:56,066 with a little guidance they said a lawyer needs to be conversant with the 209 00:12:56,066 --> 00:12:57,070 knowledge of the profession 210 00:12:58,006 --> 00:13:02,052 in all its branches the practice as well as the principles 211 00:13:02,052 --> 00:13:05,052 with equity as well as common law 212 00:13:05,052 --> 00:13:08,066 the rules a pleading and those evidence 213 00:13:08,066 --> 00:13:11,123 in short your to place yourself in a position 214 00:13:12,023 --> 00:13:16,065 to be able without extrinsic aid to advise a client 215 00:13:16,065 --> 00:13:19,072 on any matter in which he may require advice 216 00:13:19,072 --> 00:13:22,145 and the carries through a suit in all its stages 217 00:13:23,045 --> 00:13:26,074 okay sounds all great that's that's the goal 218 00:13:26,074 --> 00:13:30,156 how do I get to their well Teach Yourself 219 00:13:31,056 --> 00:13:34,103 there was no formal instruction 220 00:13:35,003 --> 00:13:39,064 he just became an article clerk 221 00:13:39,064 --> 00:13:42,066 in a law office and worked with Messer's 222 00:13:42,066 --> 00:13:46,098 lemon and Peterson Inc Wells where he discovered 223 00:13:46,098 --> 00:13:49,125 that law was a lot of 224 00:13:50,025 --> 00:13:53,037 menial tasks at least as he sought 225 00:13:53,037 --> 00:13:56,064 he was filing documents he was doing 226 00:13:56,064 --> 00:13:59,129 searches titles and mostly he was writing 227 00:14:00,029 --> 00:14:04,075 penmanship 228 00:14:04,075 --> 00:14:07,130 was considered to be the most important attribute the law student 229 00:14:08,003 --> 00:14:11,021 to be able to write clearly 230 00:14:11,048 --> 00:14:14,055 that's your magical world where 231 00:14:14,055 --> 00:14:17,102 all of the documents that he is going to be dealing with with the exception of 232 00:14:18,002 --> 00:14:19,036 you printed tax 233 00:14:19,036 --> 00:14:24,071 are hand written and as a historian who goes through and reads diaries and 234 00:14:24,071 --> 00:14:25,120 letters and so on 235 00:14:26,002 --> 00:14:29,067 good penmanship is something you do really come to appreciate 236 00:14:29,085 --> 00:14:31,170 because people who scroll 237 00:14:32,007 --> 00:14:37,044 are very hard to understand soul one of the important task issuer law student 238 00:14:38,007 --> 00:14:41,024 and you're starting your career by the important tasks you would have has 239 00:14:41,024 --> 00:14:41,103 learned to 240 00:14:42,003 --> 00:14:48,012 in gross documents documents would be prepared by the lawyers in some sort of 241 00:14:48,012 --> 00:14:49,013 shorthand 242 00:14:49,013 --> 00:14:54,028 and then you would have to write it out in full in beautiful penmanship so it 243 00:14:54,028 --> 00:14:54,075 could be you 244 00:14:54,075 --> 00:14:58,076 red easily by the courts or by the other members of the 245 00:14:58,076 --> 00:15:02,117 if you're doing your transaction so 246 00:15:03,017 --> 00:15:08,035 a lot of attention was paid depends penmanship very important aspect 247 00:15:08,035 --> 00:15:11,041 trainee and as it happened Chadwick was an exceptionally good 248 00:15:11,095 --> 00:15:15,168 10 min he was also an artist as you can see from the this is from his diary 249 00:15:16,068 --> 00:15:19,090 Monday 14th 250 00:15:19,009 --> 00:15:23,031 some month showed up at at lemon and Peterson 251 00:15:24,012 --> 00:15:27,054 and got too tall to go off and help 252 00:15:27,054 --> 00:15:31,129 with the feeding of the poor Solaris for this 253 00:15:32,029 --> 00:15:36,046 beautiful picture this is 254 00:15:36,046 --> 00:15:39,119 the diary that he prepared when he started his law studies a brief 255 00:15:40,019 --> 00:15:43,115 accurate record or journal up the deets miss the 256 00:15:44,015 --> 00:15:48,098 it's our adventures Edward Marion's headway commenced on the first day of 257 00:15:48,098 --> 00:15:51,102 January in the year of our Lord 1861 258 00:15:52,002 --> 00:15:55,054 thank goodness by the way for his diary it's whether 259 00:15:55,054 --> 00:15:58,130 reasons why I was able to tell the story of askins in the early years 260 00:15:59,003 --> 00:16:02,101 his youthful enthusiasm for law 261 00:16:03,028 --> 00:16:07,055 waned at when he discovered was involved in being 262 00:16:07,055 --> 00:16:13,069 a law student people yet wanna to understand 263 00:16:13,069 --> 00:16:17,113 more about law and is it happened he had an opportunity 264 00:16:18,013 --> 00:16:21,076 because they had just started in 1858 265 00:16:21,076 --> 00:16:24,141 at the Law Society had appointed to permanent lectures 266 00:16:25,041 --> 00:16:29,084 SH strong for equity in JT Anderson for law 267 00:16:29,084 --> 00:16:32,158 and they began to offer lectures at Osgoode Hall 268 00:16:33,058 --> 00:16:36,062 which look like 269 00:16:36,062 --> 00:16:39,131 that in the old days 270 00:16:40,031 --> 00:16:42,112 so the only 271 00:16:43,012 --> 00:16:46,096 fly in the ointment was that you had to go to trial to attend the lectures 272 00:16:46,096 --> 00:16:49,169 it was much misguided by many people 273 00:16:50,069 --> 00:16:53,140 in the province as an inappropriate 274 00:16:54,004 --> 00:16:57,022 expropriation of legal talent by trato 275 00:16:57,058 --> 00:17:00,115 up because Autoline landed in various places 276 00:17:01,015 --> 00:17:04,069 all of whom could of course train lawyers to the apprenticeship program 277 00:17:04,069 --> 00:17:07,096 did not have the lectures and so many 278 00:17:07,096 --> 00:17:10,128 went to trial to attend these voluntary lectures 279 00:17:11,028 --> 00:17:15,114 and they were voluntary a they were just intended to prepare you for your exams 280 00:17:16,014 --> 00:17:19,023 no marking are on the lectures as such 281 00:17:19,023 --> 00:17:24,109 so that the thought was that at this was the way the trial was attracting all 282 00:17:25,009 --> 00:17:27,072 this talent people go to law school there then would stay there in practice 283 00:17:27,072 --> 00:17:28,075 in trouble 284 00:17:28,075 --> 00:17:31,172 many people a in the province complain that it was inappropriate 285 00:17:32,072 --> 00:17:37,077 that that happen so in in February 1862 286 00:17:37,077 --> 00:17:40,092 when he had about a year left in this article's 287 00:17:40,092 --> 00:17:45,157 chadwick went off to Toronto and he finished 288 00:17:46,057 --> 00:17:50,103 he attended the lectures and he finished his lectures unfairly the 20th 1862 he 289 00:17:51,003 --> 00:17:52,021 wrote in his diary 290 00:17:52,021 --> 00:17:55,028 articles expired I am released from bondage 291 00:17:55,091 --> 00:18:00,169 5 exclamation marks he clearly was happy to be out 292 00:18:01,069 --> 00:18:05,160 but he still had the to writers excelencia two sets for exams 293 00:18:06,006 --> 00:18:09,009 1 these are both oral and written exams 294 00:18:09,009 --> 00:18:12,015 want to be certified as a solicitor 295 00:18:12,096 --> 00:18:15,103 and then a year later another exam 296 00:18:16,003 --> 00:18:20,028 to be called to the bar as a barrister so 297 00:18:20,028 --> 00:18:23,076 after he passed the first set it make sense 298 00:18:23,076 --> 00:18:27,081 he and his roommate Calvin brown began to study 299 00:18:28,026 --> 00:18:32,104 for the really hard exams to be called as a barrister and he prepared very 300 00:18:33,004 --> 00:18:33,096 detailed 301 00:18:33,096 --> 00:18:37,182 materials River their teaching themselves like say at this point so we 302 00:18:38,082 --> 00:18:40,144 gotta get all this mature they thought well you know we've got 303 00:18:41,044 --> 00:18:48,044 a lot of really good study notes so being entrepreneurial they publish them 304 00:18:49,071 --> 00:18:52,084 this was the first text books that was prepared for Osgoode Hall 305 00:18:52,084 --> 00:18:56,180 Osgoode Hall examination questions given at examinations for call 306 00:18:57,008 --> 00:19:01,065 with and without on urs for certificate of fitness with concise answers 307 00:19:02,037 --> 00:19:06,052 and the Student's Guide collection of directions and forms for the use of 308 00:19:06,052 --> 00:19:06,150 students at law 309 00:19:07,005 --> 00:19:10,046 an article certs was a best-seller 310 00:19:10,091 --> 00:19:13,099 amongst other few legal students that they were at the time 311 00:19:14,071 --> 00:19:19,170 the cars will publish that so 312 00:19:20,007 --> 00:19:23,049 he then of course had to go often find a job 313 00:19:24,012 --> 00:19:27,048 as he said to sell themselves to diverse legal practitioners 314 00:19:27,048 --> 00:19:30,113 but he was unable to do so 315 00:19:31,013 --> 00:19:34,086 he ended up spending a year with the firm 316 00:19:34,086 --> 00:19:37,150 that hit are tickled with without pay just two 317 00:19:38,005 --> 00:19:42,069 to get experience any good fortune in the in fact 318 00:19:43,014 --> 00:19:46,062 ended up meeting a young lady her brother 319 00:19:46,062 --> 00:19:50,117 happen to be also fact getting ready to practice law 320 00:19:51,017 --> 00:19:55,059 and the two of them form to a law firm in February 1863 321 00:19:55,059 --> 00:19:59,060 called billion chadwick which we know today as fast can mark no 322 00:19:59,006 --> 00:20:02,099 Dylan L p so 323 00:20:03,053 --> 00:20:06,136 that list mister Chadwick's experience with love very much in the English 324 00:20:07,036 --> 00:20:07,107 tradition 325 00:20:08,007 --> 00:20:13,008 little bit of have lecturing but mostly self-study 326 00:20:13,008 --> 00:20:19,060 let's go on a few years going to the eighteen seventies 327 00:20:19,006 --> 00:20:26,006 look at Thomas gives blackstock Palace gives blacks like this one of my 328 00:20:26,093 --> 00:20:27,117 favorite 329 00:20:28,017 --> 00:20:31,050 a lawyers in history of the fastenings lawford 330 00:20:31,005 --> 00:20:34,024 for a whole host of reasons interesting man 331 00:20:34,069 --> 00:20:38,133 he was the son of a 332 00:20:39,033 --> 00:20:44,114 very influential but poor Methodist minister so his father was an itinerant 333 00:20:45,014 --> 00:20:47,085 preacher he would go around on horseback 334 00:20:47,085 --> 00:20:50,106 from community to community in the Methodist 335 00:20:51,006 --> 00:20:55,061 teaching are preaching sees me and often paid in chickens and 336 00:20:55,061 --> 00:20:59,122 who whatever aches 337 00:21:00,022 --> 00:21:03,025 in a lot of money at 8:16 338 00:21:03,052 --> 00:21:07,146 Tom I'll left home because he was a burden he thought in this family 339 00:21:08,046 --> 00:21:11,089 he went to live with his in-laws know as it happened 340 00:21:11,089 --> 00:21:14,093 his his mother was hella 341 00:21:14,093 --> 00:21:18,177 well-to-do family the Gibbs family from partial and a 342 00:21:19,077 --> 00:21:23,102 so Sir Tom was looked after by the Gibbs 343 00:21:24,002 --> 00:21:27,026 the Tom refused 344 00:21:27,026 --> 00:21:31,110 to have the gives people papers education because he just thought that 345 00:21:32,001 --> 00:21:35,047 it was inappropriate he won't be beholden to them 346 00:21:35,056 --> 00:21:38,097 so insisted that he pay its own way and 347 00:21:38,097 --> 00:21:42,161 his father had told him that there is nothing better than a university 348 00:21:43,061 --> 00:21:43,134 education 349 00:21:44,034 --> 00:21:48,060 so he wanted to go to Le Toux University 350 00:21:48,006 --> 00:21:53,063 now this was a optional way of preparing for law at the time 351 00:21:54,017 --> 00:21:57,065 you had a choice you could do as 352 00:21:57,065 --> 00:22:00,138 chadwick it done and spend five years articling 353 00:22:01,038 --> 00:22:04,131 without going to university right out of high school or you could go to 354 00:22:05,031 --> 00:22:05,120 university 355 00:22:06,002 --> 00:22:11,016 get an undergraduate degree and then all you had to do was spend three years 356 00:22:11,034 --> 00:22:14,092 articling now if you add up to discover that 357 00:22:14,092 --> 00:22:17,155 that mean she say an extra year if you go to university Height's 05 the first 358 00:22:18,055 --> 00:22:18,119 way through 359 00:22:19,019 --> 00:22:22,046 6 the year the second way through but 360 00:22:22,046 --> 00:22:26,052 your better-educated but what was happening is that the well-to-do people 361 00:22:27,006 --> 00:22:30,097 we're going to university and the people who had to pay their own way we're not 362 00:22:30,097 --> 00:22:35,170 because three years tuition you know room and board how this the things it 363 00:22:36,007 --> 00:22:39,045 lawless and know only too well was a real 364 00:22:40,008 --> 00:22:45,081 challenge for people who didn't have money now 365 00:22:45,081 --> 00:22:49,085 as they say Tom hat could have head is in-laws 366 00:22:49,085 --> 00:22:53,148 pay for the University that he insisted that that not be the case but he was 367 00:22:54,048 --> 00:22:55,144 very smart man he won a scholarship 368 00:22:56,044 --> 00:22:59,103 at Upper Canada College and then another scholarship at the University 369 00:23:00,003 --> 00:23:00,100 a 370 00:23:01,000 --> 00:23:03,809 China so that certainly help but it didn't pay for all 371 00:23:03,809 --> 00:23:07,970 we're very fortunate harm because he was led away from home 372 00:23:07,097 --> 00:23:11,100 wrote these letters to his parents and so we have all of these things in which 373 00:23:12,000 --> 00:23:12,085 he's debating 374 00:23:12,085 --> 00:23:15,172 do I ill go to university why not 375 00:23:16,072 --> 00:23:20,084 at one point he said I use Google you ever seen the rotors father 376 00:23:20,084 --> 00:23:23,120 and he said to dear Papa 377 00:23:24,002 --> 00:23:27,040 in what is it in response where the numerous 378 00:23:27,058 --> 00:23:30,277 advertisements appearing in the globe for a law student 379 00:23:30,799 --> 00:23:34,820 I apply to Snelling and Clark I wait upon them today 380 00:23:34,082 --> 00:23:38,135 was asked to do some writing how do you tell the good law student 381 00:23:39,035 --> 00:23:42,037 right and of course I did my worst 382 00:23:42,037 --> 00:23:45,125 but they did offer me fifty dollars a year though I could have got more 383 00:23:46,025 --> 00:23:50,086 had a pressed but I prefer to be at my ease and lastly the quiz consideration 384 00:23:50,086 --> 00:23:51,125 is that I expect five years 385 00:23:52,025 --> 00:23:55,069 in learning the profession by which I expect to pay my butt 386 00:23:55,069 --> 00:23:58,100 my bread and butter consider three years hiding between 387 00:23:59,000 --> 00:24:03,000 Osgoode Hall in office will be better and what could be better 388 00:24:03,000 --> 00:24:07,046 in learning from and a burly getting so willing mister clarke 389 00:24:07,046 --> 00:24:10,079 well as father said no no no hold on a second here 390 00:24:10,079 --> 00:24:14,095 don't give up your dream is a way to go to university 391 00:24:14,095 --> 00:24:17,095 Tom then when she talked with teachers and they said yes 392 00:24:17,095 --> 00:24:20,146 no university education will be better although it's funny 393 00:24:21,046 --> 00:24:24,054 mister louder his professor at the University thomas et al 394 00:24:25,026 --> 00:24:28,045 it seems to be upon the whole 395 00:24:28,045 --> 00:24:31,126 that if you have sufficient means it's better to take the university course 396 00:24:32,026 --> 00:24:36,061 though University men do not do as well as others 397 00:24:36,061 --> 00:24:39,102 because you're not sufficiently acquainted with business but 398 00:24:40,002 --> 00:24:43,100 you might get on well issue go for three years into an office for the large 399 00:24:44,000 --> 00:24:48,036 connection such as blake's cell 400 00:24:48,036 --> 00:24:52,098 Tom did decide that he woulda continue with the University 401 00:24:52,098 --> 00:24:56,161 and he came up with a novel way of paying for universe 402 00:24:57,061 --> 00:25:02,134 he went buffalo hunting 403 00:25:03,034 --> 00:25:05,045 how many lawyers started their career 404 00:25:05,045 --> 00:25:08,049 as a buffalo hunt I suspect that Tom may be unique in that regard 405 00:25:08,085 --> 00:25:11,110 hiya he didn't initially 406 00:25:12,001 --> 00:25:16,002 intend to be about 400 he actually thought he would sell bibles hywell 407 00:25:16,002 --> 00:25:21,111 to Topeka Kansas with a stack of Bibles and discovered that lo and behold nobody 408 00:25:21,309 --> 00:25:26,950 wanted to buy them so he did say Topeka Kansas was the most Eastern like a 409 00:25:26,095 --> 00:25:28,110 western cities the most churchgoing 410 00:25:29,001 --> 00:25:32,080 another study that it could get a job I couldn't sellers bibles 411 00:25:32,089 --> 00:25:36,146 so you not to dodge City and every family had salable skills 412 00:25:37,046 --> 00:25:41,074 because he knew how to ride having done with this father writing about to 413 00:25:41,074 --> 00:25:45,513 to the various churches and he also was an award-winning 414 00:25:46,179 --> 00:25:50,010 marksman with the Queen's Own rifles and so we put a skills 415 00:25:50,001 --> 00:25:54,063 to use any hunted buffalo now for those of you who are environmentally conscious 416 00:25:54,063 --> 00:25:57,099 what to assure you that in fact 417 00:25:57,099 --> 00:26:00,164 harvest gives blackstock was an environmentalist 418 00:26:01,064 --> 00:26:05,069 it's true he did participate in the slaughtering buffalo but he felt guilty 419 00:26:05,069 --> 00:26:05,111 about it 420 00:26:06,011 --> 00:26:09,065 and you later when he was a successful lawyer 421 00:26:09,065 --> 00:26:12,126 he donated a her to Buffalo to the Canadian government which 422 00:26:13,026 --> 00:26:16,087 is the basis for the a Wood Buffalo National Park heard 423 00:26:16,087 --> 00:26:20,180 and I was reading a history have parks in Kent and they say that that donation 424 00:26:21,008 --> 00:26:22,077 by Thomas gives blacks like 425 00:26:23,049 --> 00:26:27,064 changed a conservation in Canada significantly soul 426 00:26:27,064 --> 00:26:30,072 we can forgive him for his buffalo hunting 427 00:26:30,072 --> 00:26:33,084 but he did come back with a lot of Los skins 428 00:26:33,084 --> 00:26:37,176 and he paid for his education he resumed his studies in 1874 429 00:26:38,076 --> 00:26:41,128 briefly articles with William I like one of the great 430 00:26:42,028 --> 00:26:45,073 chortle barristers but he didn't like working with my like 431 00:26:45,073 --> 00:26:48,082 has Malik made it work too hard didn't leave enough time do is studies 432 00:26:49,063 --> 00:26:53,066 as a member the whole purpose about this is the pass the exams at the end 433 00:26:53,066 --> 00:26:58,138 so I joined another smaller firm but much disagree and they did not offer him 434 00:26:59,038 --> 00:26:59,124 a position 435 00:27:00,024 --> 00:27:04,052 when he was called to the Bar he briefly practiced on its own 436 00:27:04,052 --> 00:27:05,139 and then much to his family chagrin 437 00:27:06,039 --> 00:27:09,070 he went into partnership with a drinker and a smoker 438 00:27:09,007 --> 00:27:12,014 I'll my goodness so they had to do something about that 439 00:27:13,004 --> 00:27:17,011 so they took a matter that for a man they got a mini putting into the Goodman 440 00:27:17,047 --> 00:27:18,048 what's family for 441 00:27:18,057 --> 00:27:21,063 firm just gives for related to the good ones and 442 00:27:22,017 --> 00:27:25,022 that for was median chadwick and sold 443 00:27:25,022 --> 00:27:28,023 come join that for the provincial became call 444 00:27:28,023 --> 00:27:31,051 PD blackstock what are the people that 445 00:27:31,051 --> 00:27:34,056 reeves met when he was articulate my like 446 00:27:34,056 --> 00:27:40,056 was William Albert reeve who you all should know 447 00:27:40,056 --> 00:27:43,080 because he was the first principle Osgoode Hall Law School 448 00:27:43,008 --> 00:27:48,032 now when tom Adam he was not that he was practicing 449 00:27:49,004 --> 00:27:52,078 as a sole practitioner in Napa neon te reo 450 00:27:52,078 --> 00:27:55,122 reversal was very well-educated 451 00:27:56,022 --> 00:27:59,058 not only did he have an undergraduate degree but he had a master's degree as 452 00:27:59,058 --> 00:27:59,062 well 453 00:27:59,098 --> 00:28:02,176 the problem with the 454 00:28:03,076 --> 00:28:07,079 with we've unfortunately is that he wasn't good with clients 455 00:28:07,079 --> 00:28:12,101 either getting them or keeping them two important skills you'll discover when 456 00:28:13,001 --> 00:28:14,020 you're a practicing 457 00:28:14,002 --> 00:28:17,087 he was considered to be 458 00:28:18,005 --> 00:28:22,009 to retiring a disposition the reality is 459 00:28:22,045 --> 00:28:26,072 he was to academic for a 460 00:28:26,072 --> 00:28:29,088 for the practice he practiced the 461 00:28:29,088 --> 00:28:33,089 Tom blacks that brought him into the fast ends for men he 462 00:28:33,098 --> 00:28:37,149 practice unsuccessfully there for a few years and then 463 00:28:38,049 --> 00:28:42,067 mister be tried to get him a job as a judge which is why he's 464 00:28:42,067 --> 00:28:46,092 writing to Sir John a MacDonald here that it was quite 465 00:28:46,092 --> 00:28:49,191 suited to be a judge had very good judgment he just doesn't foresee what's 466 00:28:50,091 --> 00:28:50,169 good with people 467 00:28:51,069 --> 00:28:54,081 so 468 00:28:54,081 --> 00:28:58,094 hiya he didn't get the judgeship but he got to be the first 469 00:28:58,094 --> 00:29:01,156 in applause get a law school the first full-time teacher a flaw 470 00:29:02,056 --> 00:29:06,120 in the province Ontario and being the good academic that he was what did he do 471 00:29:07,002 --> 00:29:08,060 when he became deion 472 00:29:08,078 --> 00:29:10,162 or principle it is me 473 00:29:11,062 --> 00:29:14,108 he he went down to the states and you into Harvard in 474 00:29:15,008 --> 00:29:18,032 Cornell various University law schools 475 00:29:18,032 --> 00:29:22,114 and studied what they were doing down there and brought a lot of their ideas 476 00:29:23,014 --> 00:29:30,014 back to 20 real now in the debate that I mentioned about the practical 477 00:29:32,007 --> 00:29:35,021 verses you know the theoretical and the 478 00:29:35,021 --> 00:29:38,066 somebody at more academic grounding for law 479 00:29:38,066 --> 00:29:41,124 the 4ws versus the Y he 480 00:29:42,024 --> 00:29:45,036 he was trying to find a way in a sense the blend the two together 481 00:29:45,036 --> 00:29:49,070 he gave his opening talk 482 00:29:49,007 --> 00:29:53,010 at the law school and said rightly considered there is no conflict 483 00:29:53,073 --> 00:29:57,073 between the educational functions of the office and those at the school 484 00:29:57,073 --> 00:30:00,080 both are necessary each is the compliment 485 00:30:00,008 --> 00:30:04,044 the other and in a sense if you were to say what is the theme 486 00:30:05,016 --> 00:30:08,098 legal education and Terry L I think that in a sense is the theme 487 00:30:08,098 --> 00:30:11,150 that you need both up academic training is 488 00:30:12,005 --> 00:30:15,072 is I think today especially for the world as complexities 489 00:30:16,017 --> 00:30:20,042 as it is is essential but practical training is also important 490 00:30:20,042 --> 00:30:23,136 and so he built a system that 491 00:30:24,036 --> 00:30:27,071 try to take advantage both in making up with a law school 492 00:30:27,071 --> 00:30:30,126 Ranger where they classes now became compulsory 493 00:30:31,026 --> 00:30:34,054 butter but it was 494 00:30:34,054 --> 00:30:38,061 combined with practicing as an article clerk 495 00:30:38,061 --> 00:30:41,760 see legal it's not your school 496 00:30:42,309 --> 00:30:45,510 day in the morning with lectures 497 00:30:45,051 --> 00:30:48,079 eight till 10 and then you go often 498 00:30:48,079 --> 00:30:51,145 practice as an article clerk throughout the day 499 00:30:52,045 --> 00:30:55,079 and then come back from four till six to get two more 500 00:30:55,079 --> 00:30:59,157 later on Bora Laskin would say we got students before they woke up in the 501 00:31:00,057 --> 00:31:02,059 morning and after they fell asleep at night 502 00:31:02,059 --> 00:31:05,076 but that was the system 503 00:31:05,076 --> 00:31:08,100 that was created that system continue for some long period of time 504 00:31:09,000 --> 00:31:12,019 regrettably reeve didn't get to see much of it 505 00:31:12,019 --> 00:31:15,055 he died at age 52 in 1894 506 00:31:15,055 --> 00:31:18,103 but one of the things that he did get to see 507 00:31:19,003 --> 00:31:25,402 was this woman 508 00:31:25,429 --> 00:31:26,270 if there's a 509 00:31:26,027 --> 00:31:29,084 hero in a sense in our story a 510 00:31:29,084 --> 00:31:34,100 certainly Clara issues player but Mark this is me 511 00:31:35,000 --> 00:31:38,099 has two has to be one of the ones we consider for level 512 00:31:38,099 --> 00:31:41,114 I see looking out here all the 513 00:31:42,014 --> 00:31:46,014 the women in the audience of course up until 514 00:31:46,014 --> 00:31:50,083 Clara there were no women in law school it was exclusively 515 00:31:50,083 --> 00:31:53,172 male is such that women we're like BRRip up to 516 00:31:54,072 --> 00:31:58,163 retiring disposition to gentle not sufficiently strong to be 517 00:31:59,063 --> 00:32:02,065 good advocates altera proved that wrong for sure 518 00:32:02,083 --> 00:32:06,121 a she turned out to be a very very good advocate for her role in causing the 519 00:32:07,021 --> 00:32:08,030 cause of women in law school generally 520 00:32:09,011 --> 00:32:12,460 so her first problem 521 00:32:12,559 --> 00:32:16,470 the on Lake you know whether 522 00:32:16,047 --> 00:32:19,128 Tom gives blackstock a who what 523 00:32:20,028 --> 00:32:23,073 it debated about doing a university in some she'd already gone to university 524 00:32:23,073 --> 00:32:25,076 had an undergraduate degree when she applied 525 00:32:26,003 --> 00:32:29,762 to to the law school in May 1891 526 00:32:29,789 --> 00:32:33,150 and and share the money to 527 00:32:33,015 --> 00:32:36,021 to pay for this but the benches never last 528 00:32:36,075 --> 00:32:39,114 rejected her application on the basis that she was not a person 529 00:32:40,014 --> 00:32:45,065 qualified to come a lawyer the words 530 00:32:45,065 --> 00:32:48,158 in the Law Society act where you know that the loss it is open to persons 531 00:32:49,058 --> 00:32:53,110 seeking to enter the profession but clearly persons did not mean women 532 00:32:54,001 --> 00:32:58,014 cell she didn't take this lying down 533 00:32:58,023 --> 00:33:02,089 she put together a coalition of prominent people in the community who 534 00:33:02,089 --> 00:33:03,098 supported her 535 00:33:03,098 --> 00:33:07,103 the most prominent of which was her premium 0 at the premier of the province 536 00:33:08,048 --> 00:33:09,061 of Ontario 537 00:33:09,061 --> 00:33:12,076 so to ensure that could be no doubt 538 00:33:12,076 --> 00:33:15,169 millet to the government passed a bill in the entire legislature 539 00:33:16,069 --> 00:33:19,151 that permitted the Law Society to consider the admission of women s 540 00:33:20,051 --> 00:33:20,122 listeners 541 00:33:21,022 --> 00:33:24,069 so in September 1892 they did consider 542 00:33:24,069 --> 00:33:27,087 the admission women and they decided no 543 00:33:27,087 --> 00:33:30,386 that they don't pull so 544 00:33:31,169 --> 00:33:33,830 Premium Outlets not place 545 00:33:33,083 --> 00:33:34,178 as a former attorney general he was 546 00:33:35,078 --> 00:33:39,167 annex official bencher the Law Society so he personally attended convocation 547 00:33:40,067 --> 00:33:44,164 as was his right in December animated motion that women 548 00:33:45,064 --> 00:33:50,068 the admitted to the profession and even though this was the premier of the 549 00:33:51,004 --> 00:33:52,035 province of Ontario 550 00:33:52,035 --> 00:33:55,049 the vote was close 12 to 11 551 00:33:55,049 --> 00:33:59,100 but clear I got here she are tickled with a 552 00:34:00,000 --> 00:34:04,036 with Malec as Malik Miller's the firms and was called 553 00:34:04,036 --> 00:34:07,124 a just let you know how small a profession was 554 00:34:08,024 --> 00:34:11,030 the Miller that was molecular 555 00:34:11,084 --> 00:34:16,093 was Nicholas Miller whose departure from the BT firm had opened up the place for 556 00:34:16,093 --> 00:34:16,135 a 557 00:34:17,035 --> 00:34:21,061 for relieved to join the firm is a small community in those days 558 00:34:21,061 --> 00:34:26,133 so in 1896 Clara convince the entire legislature Twitter to be called to the 559 00:34:27,033 --> 00:34:27,112 bar as well 560 00:34:28,012 --> 00:34:32,047 initially they were allowed to be only solicitors 561 00:34:32,047 --> 00:34:35,103 but then in 1886 562 00:34:36,003 --> 00:34:39,020 province and said you know you can also be called to the bar 563 00:34:39,002 --> 00:34:42,039 and she became the first woman 564 00:34:42,057 --> 00:34:45,102 called the bar in the British Empire but 565 00:34:46,002 --> 00:34:51,006 she didn't find a place at BT blackstock or any of the large downtown firms 566 00:34:51,006 --> 00:34:54,038 that it takes sixty years before 567 00:34:54,038 --> 00:35:00,043 they broke into the large law firms now what are the people 568 00:35:00,043 --> 00:35:03,045 that Clara a was in class with 569 00:35:03,063 --> 00:35:06,098 with this gentleman what's 570 00:35:06,098 --> 00:35:10,120 or I can't say it great line if it were not a nice 571 00:35:11,002 --> 00:35:14,026 set out to open the way to the bar for others at my sex 572 00:35:14,044 --> 00:35:17,066 I would have given up the effort long ago that's what she's had a thing called 573 00:35:17,066 --> 00:35:17,119 to the Bar 574 00:35:18,019 --> 00:35:23,021 the Sun easy road for her by the way she became a family lawyer 575 00:35:23,039 --> 00:35:27,047 which was regardless like you know 576 00:35:27,047 --> 00:35:34,047 the women's role in law for a number of years 577 00:35:35,789 --> 00:35:36,260 okay 578 00:35:36,026 --> 00:35:39,123 that well the people that she would have met at Law School this gentleman 579 00:35:40,023 --> 00:35:44,092 Rs Robertson Robert spelman Robertson 580 00:35:44,299 --> 00:35:49,306 who like chadwick went into law grade out of high school 581 00:35:49,369 --> 00:35:52,490 now 582 00:35:52,049 --> 00:35:55,117 it wasn't because his family didn't favor education in fact it was the 583 00:35:56,017 --> 00:35:56,626 opposite 584 00:35:56,779 --> 00:35:59,828 he was the odd man out hits three brothers 585 00:36:00,269 --> 00:36:03,323 his oldest brother John Charles Robertson 586 00:36:03,809 --> 00:36:08,430 was the gold medalist at University of Toronto did graduate work at Johns 587 00:36:08,043 --> 00:36:08,124 Hopkins 588 00:36:09,024 --> 00:36:14,063 became a noted classical scholar and in fact became the 589 00:36:14,279 --> 00:36:17,330 dean of factly Arts at the University oil so 590 00:36:17,789 --> 00:36:21,740 certainly somebody who knew academics well second oldest brother 591 00:36:21,074 --> 00:36:24,139 Alexander Martin Robertson also university graduate 592 00:36:25,039 --> 00:36:29,198 also taught at University in modern languages and mathematics 593 00:36:29,549 --> 00:36:33,602 interesting combination William his youngest brother 594 00:36:34,079 --> 00:36:37,470 a let University and became the editor 595 00:36:37,047 --> 00:36:41,446 up the God which signals the newspaper in the Goderich where they grew up 596 00:36:41,869 --> 00:36:45,450 to RS robertson not going to university was something unusual 597 00:36:45,045 --> 00:36:48,374 is clearly very bright 598 00:36:48,779 --> 00:36:52,160 it was just that he didn't think it was the right way to learn how to be a 599 00:36:52,016 --> 00:36:52,064 lawyer 600 00:36:52,064 --> 00:36:55,503 he attended elementary school and high school in Goderich 601 00:36:56,079 --> 00:36:59,190 and any went a you 602 00:36:59,019 --> 00:37:02,040 became an article clerk with JT Caro who would later 603 00:37:02,004 --> 00:37:07,923 be appointed to the to the bench so he was sworn in 604 00:37:08,319 --> 00:37:11,364 a as a barrister just before 605 00:37:11,769 --> 00:37:17,660 a corporate mark he became in fact one event area's best 606 00:37:17,066 --> 00:37:22,069 litigators extremely good in 1931 at 607 00:37:22,096 --> 00:37:25,755 vacancy occurred in the ranks of the benchers Robertson was chosen by 608 00:37:26,619 --> 00:37:26,713 complication 609 00:37:27,559 --> 00:37:30,564 to fill it and 610 00:37:30,609 --> 00:37:33,611 that was beginning at him being elected 611 00:37:33,809 --> 00:37:36,840 subsequently a venture when he became a pincher 612 00:37:37,119 --> 00:37:42,040 he was appointed to the legal education committee 613 00:37:42,004 --> 00:37:44,012 and they were faced with a question love 614 00:37:44,084 --> 00:37:47,090 art the law school to become 615 00:37:48,044 --> 00:37:52,052 a full-time University School 616 00:37:52,052 --> 00:37:56,055 Dean John Falconbridge in is teaching staff 617 00:37:56,055 --> 00:38:00,067 at Osgoode Hall we're starting to push for this now initially didn't ask for 618 00:38:00,067 --> 00:38:04,091 it to be a full-time university school they wanted to be a full-time 619 00:38:04,091 --> 00:38:07,096 law school but the University part was 620 00:38:08,041 --> 00:38:12,126 what they would have liked but who didn't initially asked for what are the 621 00:38:13,026 --> 00:38:14,079 people who is pushing for this 622 00:38:14,079 --> 00:38:17,085 was a slow 623 00:38:17,085 --> 00:38:20,103 see-saw Agustus right 624 00:38:21,003 --> 00:38:24,077 know if you have a name cease August is it doesn't take long before your friends 625 00:38:24,077 --> 00:38:27,090 begin to call you Caesar Augustus or caesar 626 00:38:27,009 --> 00:38:31,075 and thats the name that he came to be known by now he looks like somebody who 627 00:38:32,056 --> 00:38:37,120 would say I favor an academic approach to what do you think so 628 00:38:38,002 --> 00:38:41,005 he was a very bright guy from London Ontario 629 00:38:41,005 --> 00:38:45,013 a came to the law school won the gold medal 630 00:38:45,058 --> 00:38:48,067 a the Dean wanted him to go to Harvard 631 00:38:49,048 --> 00:38:52,130 for graduate work and he did and you often did a a doctorate 632 00:38:53,003 --> 00:38:57,572 in law at Harvard they came back in a joint 633 00:38:57,869 --> 00:39:01,130 the legal profession the the staff 634 00:39:01,013 --> 00:39:08,013 sees me at Osgoode Hall Law School what are the people 635 00:39:08,085 --> 00:39:11,094 that he he got to know a fellow teacher 636 00:39:11,094 --> 00:39:14,096 at the school the Sydney Smith any view have 637 00:39:15,014 --> 00:39:18,733 went to you lost he or visited you with Tian see George 638 00:39:18,859 --> 00:39:22,650 will no Sydney Smith Hall is an awful building 639 00:39:22,065 --> 00:39:26,065 a send Sydney Smith is actually a great person its 640 00:39:26,065 --> 00:39:29,074 sad thing to be that that this very interesting man gets is terrible 641 00:39:30,055 --> 00:39:30,148 building named after 642 00:39:31,048 --> 00:39:35,110 a anyway Sydney Smith and Cesar right became 643 00:39:36,001 --> 00:39:40,048 very close friends and that became an alliance that would change legal 644 00:39:40,057 --> 00:39:40,856 education 645 00:39:41,369 --> 00:39:44,560 they when I did 646 00:39:44,056 --> 00:39:47,057 quite different careers a Smith 647 00:39:47,066 --> 00:39:50,070 went off and became the 648 00:39:50,007 --> 00:39:52,061 the Dean at two 649 00:39:53,024 --> 00:39:54,095 the house the law school and then the 650 00:39:54,095 --> 00:39:58,103 the president at the University of Manitoba and then in nineteen forty-five 651 00:39:59,003 --> 00:40:00,037 became the president 652 00:40:00,037 --> 00:40:04,045 at the University of Toronto meanwhile Cesar right 653 00:40:04,045 --> 00:40:07,114 had spent his career trying to convince the benchers 654 00:40:08,014 --> 00:40:11,081 to a change legal education 655 00:40:11,081 --> 00:40:15,164 his time at Harvard heading convince him that 656 00:40:16,064 --> 00:40:19,068 University education was the proper way 657 00:40:19,068 --> 00:40:24,068 to train lawsuits and it became a slight school 658 00:40:24,068 --> 00:40:28,163 to change the way that legal education was carried out 659 00:40:29,063 --> 00:40:32,084 and it turned out Sydney Smith would be a very 660 00:40:32,084 --> 00:40:35,158 valuable ally 12 became the president at the University trial 661 00:40:36,058 --> 00:40:40,058 right his business was also very 662 00:40:40,058 --> 00:40:46,134 well connected politically a he would eventually become a cabinet minister in 663 00:40:47,034 --> 00:40:47,103 the 664 00:40:48,003 --> 00:40:52,004 Diefenbaker Conservative government but 665 00:40:52,004 --> 00:40:56,022 his conservative ties political ties but also prove very important 666 00:40:56,022 --> 00:41:01,066 in changing legal education now 667 00:41:01,066 --> 00:41:04,108 initially going back to 1930 668 00:41:05,008 --> 00:41:10,064 right a the first person to when the people at right had to convince 669 00:41:10,064 --> 00:41:13,070 the legal education needed to change was Rs Roberts 670 00:41:14,024 --> 00:41:17,078 now ever Rs robert is a product 671 00:41:17,078 --> 00:41:21,081 up the old system he has done exceptionally well 672 00:41:21,081 --> 00:41:26,130 he does not believe that you need a university education his by the standoff 673 00:41:27,003 --> 00:41:27,009 ended our 674 00:41:27,009 --> 00:41:30,010 University but he is dominating 675 00:41:30,091 --> 00:41:34,158 you know the legal profession without any that's our training so he knows you 676 00:41:35,058 --> 00:41:38,157 it's not essential the you have the summer training so 677 00:41:39,057 --> 00:41:46,057 he was not a enamored uprights ideas 678 00:41:48,339 --> 00:41:51,413 this is what he said in the nineteen thirty-five report those written legal 679 00:41:52,079 --> 00:41:52,151 education 680 00:41:52,799 --> 00:41:56,807 if you gave students the sort of Education right what 681 00:41:57,599 --> 00:42:01,641 university education they would be far beyond the stage of learning to do 682 00:42:02,019 --> 00:42:06,098 accurately and carefully the innumerable small things that fall for the lot 683 00:42:06,809 --> 00:42:10,812 at the online your is practice so 684 00:42:10,839 --> 00:42:13,883 member going back to art w's you know 685 00:42:14,279 --> 00:42:17,357 the emphasis is on the practice you know are we gonna 686 00:42:18,059 --> 00:42:21,124 I think you know how to file documents and you know when to 687 00:42:21,709 --> 00:42:25,650 do things in how to fill out forms and all these sorts of things 688 00:42:25,065 --> 00:42:28,234 which have traditionally been the role of the above the law student and the 689 00:42:28,819 --> 00:42:28,882 young lawyer 690 00:42:29,449 --> 00:42:33,532 as opposed to what right wanted to encourage people to do was to think 691 00:42:34,279 --> 00:42:34,287 about the law 692 00:42:35,079 --> 00:42:39,430 to think about why things are gone the way they're doing having a blog perform 693 00:42:39,043 --> 00:42:42,302 if we don't ever stop and think about why the law takes shape but others 694 00:42:42,689 --> 00:42:46,773 so that's why I right wanted an honest to god law school is used to call it 695 00:42:47,529 --> 00:42:53,160 as opposed to this cause the law school that I asked hole was where you get 696 00:42:53,016 --> 00:42:53,555 people 697 00:42:53,699 --> 00:42:59,160 before they woke up in the morning and after they fell asleep at night so 698 00:42:59,016 --> 00:43:02,405 summer of 1945 now we've gone ten years later 699 00:43:02,549 --> 00:43:07,602 right is now working with his friend his other president at the university of 700 00:43:08,079 --> 00:43:08,128 China 701 00:43:08,569 --> 00:43:11,586 what better allied to have in the fight to turn 702 00:43:11,739 --> 00:43:16,420 law into a university disciplined and have the president at the University 703 00:43:16,042 --> 00:43:19,631 as a former teacher at Osgoode Hall endured longtime friend 704 00:43:20,009 --> 00:43:23,064 its it's funny when the 705 00:43:23,559 --> 00:43:27,601 when right learned that a Smith was going to become the press at the 706 00:43:27,979 --> 00:43:29,170 University talking about this 707 00:43:29,017 --> 00:43:33,022 basic telegram Allah be praised Lassie Come Home 708 00:43:33,067 --> 00:43:40,067 never happier in my life 709 00:43:41,099 --> 00:43:41,191 it was an emotional 710 00:43:42,091 --> 00:43:46,166 outpouring so he had his friend 711 00:43:47,066 --> 00:43:50,127 who do they have to convince who they want to get on side 712 00:43:51,027 --> 00:43:55,101 Rs Robertson now Rs Robertson is the chief justice 713 00:43:56,001 --> 00:43:59,018 up the province of Ontario very powerful 714 00:43:59,018 --> 00:44:02,039 figure very influential person somebody who's opinion 715 00:44:02,039 --> 00:44:06,043 would matter to the Ventures a former venture person who wrote 716 00:44:06,043 --> 00:44:09,129 the report 1935 that said that you know things were good as they were 717 00:44:10,029 --> 00:44:13,037 if we can get him on side then surely we can win the 718 00:44:14,009 --> 00:44:17,093 the battle so right goes off to see in the summer 719 00:44:17,093 --> 00:44:20,169 at at his cottage a 720 00:44:21,069 --> 00:44:25,143 make never won and is sitting by the lake 721 00:44:26,043 --> 00:44:30,045 talking about legal education I can imagine more exciting things to talk 722 00:44:30,063 --> 00:44:33,094 about but that's what they were talking and it was exciting to them because 723 00:44:33,094 --> 00:44:36,131 it matter to that their lives 1 724 00:44:37,031 --> 00:44:40,112 because he was the teacher the students and the other because he saw the results 725 00:44:41,012 --> 00:44:48,012 what was coming out of the law school's in front of him on a daily basis so 726 00:44:50,017 --> 00:44:51,102 since this was not there so 727 00:44:52,002 --> 00:44:55,063 right after the meeting wrote to say this with telling him what 728 00:44:55,063 --> 00:45:00,071 Robertson said he thinks that legal education and Terry was lousy 729 00:45:00,071 --> 00:45:04,169 something must be done his the moving to the idea that the best thing is to give 730 00:45:05,069 --> 00:45:06,076 a lawyer a good education 731 00:45:07,039 --> 00:45:11,103 and he will know how to go about his practical work I have a feeling he likes 732 00:45:12,003 --> 00:45:12,036 me 733 00:45:12,036 --> 00:45:16,082 for exhibition five-hole 5 734 00:45:16,082 --> 00:45:20,138 well he also was very excited so 735 00:45:21,038 --> 00:45:24,096 they thought this is it we've got the Chief Justice Montero nice I'd 736 00:45:24,096 --> 00:45:27,163 how can we lose well ventures unfortunately 737 00:45:28,063 --> 00:45:32,097 they may have admired robertson's career and so on but they thought its third for 738 00:45:32,097 --> 00:45:34,134 the fact that the current system was quite good 739 00:45:35,034 --> 00:45:38,088 it produced Robertson why do we need to change 740 00:45:38,088 --> 00:45:42,155 so they would not do this right and 741 00:45:43,055 --> 00:45:46,058 and Smith got the province the pre near the province material 742 00:45:46,085 --> 00:45:49,138 on onside to encourage the Ventures the Law Society 743 00:45:50,038 --> 00:45:53,065 to rethink the issue just says closer Brett Martin had gotten 744 00:45:53,065 --> 00:45:57,100 more downside this time the result wasn't 745 00:45:58,000 --> 00:46:01,097 disclose and it was a loss the 746 00:46:01,097 --> 00:46:04,097 but the less I did agree to do was to have a study 747 00:46:04,097 --> 00:46:08,121 and they commissioned the study and 1948 748 00:46:09,021 --> 00:46:12,043 sees a right became dean of the school 749 00:46:12,043 --> 00:46:15,124 by virtue I'll seniority I suspect and he was an excellent teacher but 750 00:46:16,024 --> 00:46:19,025 but I don't think at that point on the bench is particularly liked him 751 00:46:19,034 --> 00:46:22,080 he'd become a thorn in their side was always going off 752 00:46:22,008 --> 00:46:25,050 have she would love to 753 00:46:26,022 --> 00:46:30,065 to quote as is things and say to the globe for the star 754 00:46:30,065 --> 00:46:33,082 and so on you know if medicine where like law 755 00:46:33,082 --> 00:46:37,109 will be in the age at the leeches still so 756 00:46:38,009 --> 00:46:42,028 so you didn't pick it like right but it is 757 00:46:42,028 --> 00:46:44,111 they said they would study it and they did study it and they produce the report 758 00:46:45,011 --> 00:46:46,049 that came out in March 759 00:46:46,049 --> 00:46:49,140 1949 ironically on the day that I was born 760 00:46:50,004 --> 00:46:53,083 I thought to myself when I was doing this study I mustard intended 761 00:46:54,019 --> 00:46:58,050 to write this history the report that triggered all this with came out on the 762 00:46:58,005 --> 00:46:58,072 day I was born 763 00:46:59,017 --> 00:47:03,656 I didn't know a I was paying attention to other things 764 00:47:03,809 --> 00:47:06,813 anyway so 765 00:47:06,849 --> 00:47:10,420 they were so upset with right that when the issued the report they gave it to 766 00:47:10,042 --> 00:47:12,491 the newspapers and they did not tell the Dean 767 00:47:12,869 --> 00:47:16,650 at the law school about what the final report said he read about it in the 768 00:47:16,065 --> 00:47:16,684 newspaper 769 00:47:17,269 --> 00:47:20,380 The Globe and Mail call together is factly 770 00:47:20,038 --> 00:47:24,247 Stanley Edwards John Willis Bora Laskin wall to Williston 771 00:47:24,589 --> 00:47:27,980 and they all got together they decided to resign on mass 772 00:47:27,098 --> 00:47:30,193 the supply can give the ventures any choice with us quit 773 00:47:31,093 --> 00:47:34,512 gonna go off to you if he and finally 774 00:47:35,349 --> 00:47:38,880 found school and they're gonna have to acknowledge us because after all they 775 00:47:38,088 --> 00:47:39,297 can't carry on without us 776 00:47:40,089 --> 00:47:44,720 her which when I was doing this research on Willis 777 00:47:44,072 --> 00:47:47,163 wrote to me and said had we thought that the benchers but actually accept their 778 00:47:48,063 --> 00:47:49,012 resignations 779 00:47:49,579 --> 00:47:53,410 I for one think not a princeton butter 780 00:47:53,041 --> 00:47:56,125 they didn't think they would accept that but to be interested they said no no 781 00:47:57,025 --> 00:47:58,040 we're happy with the way things are 782 00:47:58,004 --> 00:48:01,004 so they a they accepted as an 783 00:48:01,004 --> 00:48:04,893 of Willis and and Laskin hadn't 784 00:48:05,289 --> 00:48:08,315 a she's right went Stanley Edwards 785 00:48:08,549 --> 00:48:12,490 a and Walter williston went into private practice 786 00:48:12,049 --> 00:48:15,066 Stanley term from the industry's RBD 787 00:48:15,066 --> 00:48:20,455 and Walter Willison at baskets sewer 788 00:48:21,049 --> 00:48:25,440 we now have a school being set up at UT 789 00:48:25,044 --> 00:48:28,133 has no students but it has excellent factly 790 00:48:28,529 --> 00:48:31,630 and we have a lot of students at Osgoode Hall no 791 00:48:31,063 --> 00:48:34,064 teachers no full-time teachers they had 792 00:48:34,064 --> 00:48:38,233 members in the profession we're still teaching but the benches has been out 793 00:48:38,809 --> 00:48:39,630 and hired new 794 00:48:39,063 --> 00:48:41,752 faculty wanted to continue as 795 00:48:42,319 --> 00:48:45,367 they had been doing but the had to reach a compromise 796 00:48:45,799 --> 00:48:48,807 they ended up going with two-year full-time 797 00:48:49,599 --> 00:48:52,614 a program followed by two years 798 00:48:52,749 --> 00:48:56,130 %uh articling they were good enough to say 799 00:48:56,013 --> 00:49:00,018 that the youth she graduates who after all taught by the faculty that they 800 00:49:00,018 --> 00:49:01,092 themselves had had in place before 801 00:49:01,092 --> 00:49:05,531 the house they say they weren't qualified a those people were admitted 802 00:49:06,359 --> 00:49:09,660 they they could then do the two years apart ically as well 803 00:49:09,066 --> 00:49:12,955 so we gave me go back to the five is you know the extra year 804 00:49:13,549 --> 00:49:17,551 if you wanna University a Education City with UT 805 00:49:17,749 --> 00:49:22,140 you its three-year undergrad three years 806 00:49:22,014 --> 00:49:25,021 a at the that law school in two years both 807 00:49:25,021 --> 00:49:28,090 a vertically if you want to ask you could still go 808 00:49:28,279 --> 00:49:31,660 directly out of high school a 809 00:49:31,066 --> 00:49:35,070 but you would have to go at least three years a at Law School in two years 810 00:49:35,007 --> 00:49:41,007 soul 1949 to 1957 thats wat continued 811 00:49:41,007 --> 00:49:44,028 a with the two schools and 812 00:49:44,091 --> 00:49:47,540 the a 813 00:49:48,359 --> 00:49:51,385 that this discrepancy in the in the treatment of the group 814 00:49:51,619 --> 00:49:55,380 one of the people who 815 00:49:55,038 --> 00:49:58,237 work behind the scenes to bring the benches around 816 00:49:58,579 --> 00:50:03,900 was Walt Wilson what is amazing man in a lot of respects 817 00:50:03,009 --> 00:50:08,408 both good and bad a he did not join 818 00:50:09,299 --> 00:50:12,390 I'll right and Laskin and Willis 819 00:50:12,039 --> 00:50:15,388 at UT he returned to his private practice he had been 820 00:50:15,739 --> 00:50:20,210 a is called to the bar in in 1944 821 00:50:20,021 --> 00:50:23,630 had been practicing a task is for two years before he became a full-time 822 00:50:23,819 --> 00:50:25,380 teacher in 1948 823 00:50:25,038 --> 00:50:28,041 units that one year full-time teaching at Osgoode Hall 824 00:50:28,068 --> 00:50:31,757 a sees a right to appointed him 825 00:50:32,369 --> 00:50:36,414 when he became dean the season was a title to a point to people in 826 00:50:36,819 --> 00:50:39,896 one of them was Walter Willison and they became 827 00:50:40,589 --> 00:50:44,604 lifelong friends and allies a but 828 00:50:44,739 --> 00:50:47,746 but Walter felt more at home in practice 829 00:50:47,809 --> 00:50:51,160 then in the classroom 830 00:50:51,016 --> 00:50:53,019 so after his eventful year the 831 00:50:53,046 --> 00:50:56,114 he he didn't go off 832 00:50:57,014 --> 00:51:00,703 to continue he she went into back in private practice they worked 833 00:51:00,829 --> 00:51:03,890 behind the scenes he got elected as a venture and he 834 00:51:03,089 --> 00:51:06,094 work to try to convince the Ventures that 835 00:51:06,094 --> 00:51:09,121 their system with silly and that they should go with the full time 836 00:51:10,021 --> 00:51:13,118 universities schools and open it up not just you TVA to universities 837 00:51:14,018 --> 00:51:17,071 generally 22 1957 838 00:51:17,071 --> 00:51:21,139 for that happen and money ultimately became the most important factor 839 00:51:22,039 --> 00:51:25,080 a it just got to expensive for 840 00:51:25,008 --> 00:51:29,008 at the the profession members the privately funded school in those days 841 00:51:29,008 --> 00:51:32,103 a hospital so wears a 842 00:51:33,075 --> 00:51:36,080 universities were publicly funded so 843 00:51:37,025 --> 00:51:40,053 in 1957 the bench is finally decided that was causing too much 844 00:51:40,053 --> 00:51:43,066 to do this they opened it up and we got the system much 845 00:51:43,066 --> 00:51:46,097 as we know it today and while the people who became important in 846 00:51:46,097 --> 00:51:50,976 achieving that goal was Walter Wilson never tell you this little walter 847 00:51:51,849 --> 00:51:54,898 a night and again about that they do it have questions 848 00:51:55,339 --> 00:51:59,040 a Walter was on more 849 00:51:59,004 --> 00:52:02,083 modern person he had a sense then 850 00:52:02,119 --> 00:52:05,490 than many other people we have looked at in the study so far 851 00:52:05,049 --> 00:52:10,358 a for those of you who know anything about civil procedure you know that 852 00:52:10,799 --> 00:52:14,040 there is a book called williston rules on court forms 853 00:52:14,004 --> 00:52:17,333 and watertight civil procedure at 854 00:52:17,369 --> 00:52:20,466 but the killer part mission Kors after this compromise 1957 855 00:52:21,339 --> 00:52:24,510 compromise was we have a 30 University 856 00:52:24,051 --> 00:52:28,850 lol be program est 857 00:52:29,309 --> 00:52:32,500 a detail did you know and 858 00:52:32,005 --> 00:52:35,804 that's followed by the one-year articling and 859 00:52:36,299 --> 00:52:39,390 and then they had a six-month partition course at that park mission course 860 00:52:39,039 --> 00:52:39,047 watertight 861 00:52:40,019 --> 00:52:44,067 Civil Procedure the rules in Williston roles 862 00:52:44,067 --> 00:52:47,118 was wrong roles and they were The Odd Couple 863 00:52:48,018 --> 00:52:51,104 little if any of you know that you'll sign and play the odd couple but 864 00:52:52,004 --> 00:52:56,763 gamer television program many years ago 865 00:52:56,799 --> 00:52:58,850 in in that the play we have the sloppy 866 00:52:59,309 --> 00:53:03,480 a person and and the fastidious person with that was 867 00:53:03,048 --> 00:53:07,657 Walter and roll/rolls ron was exceptionally well organized spoke with 868 00:53:08,089 --> 00:53:09,220 great precision 869 00:53:09,022 --> 00:53:12,121 great attention to proper grammar enunciation 870 00:53:12,319 --> 00:53:17,170 Chester pick a plea and Walter was sloppy 871 00:53:17,017 --> 00:53:21,656 not in thinking but in dress but they got along very well together they work 872 00:53:21,809 --> 00:53:22,440 very well 873 00:53:22,044 --> 00:53:26,393 up but they were different and one other way and that is Walter was a 874 00:53:26,789 --> 00:53:27,797 heterosexual he loved women 875 00:53:28,589 --> 00:53:32,637 much to problems that he created the end up marrying for them 876 00:53:33,069 --> 00:53:37,740 a butter and Ron roles was gay 877 00:53:37,074 --> 00:53:40,113 at a time when the in gay was not accepted 878 00:53:40,779 --> 00:53:43,970 but want to do that ron was 879 00:53:43,097 --> 00:53:46,426 was gay and she welcomed him as he did 880 00:53:47,299 --> 00:53:50,397 a with the with others what it was a very 881 00:53:51,279 --> 00:53:54,354 open present much more inclusive 882 00:53:55,029 --> 00:53:59,127 that's why i say more modern then the than many before him 883 00:54:00,009 --> 00:54:03,093 and it may be in part because while to had an unusual background 884 00:54:03,849 --> 00:54:07,140 is born in China his father 885 00:54:07,014 --> 00:54:10,099 was an Anglican missionary his mother was Jewish a 886 00:54:10,099 --> 00:54:13,468 he became an iconoclast he loves fighting 887 00:54:14,359 --> 00:54:17,401 a on behalf of the underdog and a 888 00:54:17,779 --> 00:54:22,210 and the him it's actually a good at it if it wasn't for the fact that he was 889 00:54:22,021 --> 00:54:23,140 also a drunkard 890 00:54:23,329 --> 00:54:28,440 he would have had an even more prelude career anywhere fast the man very 891 00:54:28,044 --> 00:54:29,363 interesting now 892 00:54:29,759 --> 00:54:32,842 the D mention this but I would encourage you 893 00:54:33,589 --> 00:54:36,666 if you wanna learn more about this those you had fallen asleep during this 894 00:54:37,359 --> 00:54:38,220 presentation 895 00:54:38,022 --> 00:54:43,063 the fiercest debate I'll I think evan is my therapy it was the book I wrote 896 00:54:43,063 --> 00:54:47,114 to feel good about the in-law a the history of legal education 897 00:54:48,014 --> 00:54:53,045 and the latest book lawyers families and businesses which is about the baskets 898 00:54:53,045 --> 00:54:54,114 for but it's more 899 00:54:54,519 --> 00:54:57,572 about tomatoes society and the practice of law 900 00:54:58,049 --> 00:55:01,670 over century and a half and how it changed 901 00:55:01,067 --> 00:55:05,072 it focuses obviously and fastens but it doesn't it's not a narrow focus I try to 902 00:55:06,017 --> 00:55:09,017 tell a broader story leeway 903 00:55:09,017 --> 00:55:16,017 so open for questions 904 00:55:22,095 --> 00:55:27,106 so here for some widgets a.m. for those who joined us in October 905 00:55:28,006 --> 00:55:33,013 on October 7th as you'll have read in the introductory section and heard a 906 00:55:33,013 --> 00:55:33,112 little bit 907 00:55:34,012 --> 00:55:37,018 when the story every Eve was being told I 908 00:55:37,072 --> 00:55:41,075 in 1889 there was a an initial inaugural address to this 909 00:55:42,002 --> 00:55:45,039 fourth attempt at getting a law school at Osgoode 910 00:55:45,039 --> 00:55:48,045 firmly established this one took in so we take that date 911 00:55:48,099 --> 00:55:51,121 October 7th 1889 as really the 912 00:55:52,021 --> 00:55:55,092 the birth point this law school and so 913 00:55:55,092 --> 00:55:59,109 in now October of 2014 on the 7th 914 00:56:00,009 --> 00:56:03,073 I read some passages from that inaugural address by Reeve 915 00:56:03,073 --> 00:56:06,169 we marked the 125th and we've been doing and 916 00:56:07,069 --> 00:56:10,124 a series of events over the academic year to 917 00:56:11,024 --> 00:56:15,058 take note outside the milestone but of course it was a completely disembodied 918 00:56:15,058 --> 00:56:19,065 reference who is this reef where did he come from where were his ideas formed 919 00:56:20,028 --> 00:56:24,028 and I think it is an amazing to connect some other dots 920 00:56:24,028 --> 00:56:28,089 health the times that shaped some the individuals in the individuals that 921 00:56:28,089 --> 00:56:28,146 shaped 922 00:56:29,046 --> 00:56:32,085 at some other times and it is a story of that 923 00:56:32,085 --> 00:56:36,173 push in polls including somebody outsiders who either studied outside 924 00:56:37,073 --> 00:56:41,142 grew up outside the community coming in typically more 925 00:56:42,042 --> 00:56:45,059 as the reformers I and this ongoing 926 00:56:45,059 --> 00:56:49,141 push back from an establishment that quite liked the position of privilege 927 00:56:50,041 --> 00:56:51,052 and power that 928 00:56:51,052 --> 00:56:54,118 it enjoyed in fact these are themes everyone I've which 929 00:56:55,018 --> 00:56:58,030 in stashed on that we wrestle with today 930 00:56:58,003 --> 00:57:01,016 whether the themes over form practice 931 00:57:01,043 --> 00:57:04,062 verses academic at training in law 932 00:57:04,062 --> 00:57:07,131 as some other the back stories I'll outsiders 933 00:57:08,031 --> 00:57:13,052 insiders my knee and have privilege and power shaping 934 00:57:13,052 --> 00:57:17,094 regulatory aspects of the profession and the story of 935 00:57:17,094 --> 00:57:20,103 who gets access to education and so forth so 936 00:57:21,003 --> 00:57:24,004 a great history to tell an important one 937 00:57:24,013 --> 00:57:27,080 but with residence I think for very much the debates 938 00:57:27,008 --> 00:57:28,527 that we're going through 939 00:57:29,319 --> 00:57:33,190 at today's so I we're gonna up course continue talking 940 00:57:33,019 --> 00:57:36,024 and in the sections but any at top of mind 941 00:57:36,069 --> 00:57:40,998 question clarification we would welcome now Indiana let you 942 00:57:41,619 --> 00:57:48,619 take on one or two before we have to break 943 00:57:51,599 --> 00:57:54,623 this a purses indicating that you should have a microphone 944 00:57:54,839 --> 00:57:58,130 your 945 00:57:58,013 --> 00:58:04,047 her and 946 00:58:04,047 --> 00:58:07,143 sorry to start again a basically I really like the 947 00:58:08,043 --> 00:58:11,212 I mean I'm from the state so I'm actually not used to the idea 948 00:58:11,599 --> 00:58:15,000 articling it's something that's been growing on me and doing the reading and 949 00:58:15,000 --> 00:58:16,849 seeing how its really transition from 950 00:58:16,849 --> 00:58:20,450 a practical setting to an educational setting is interesting on the one hand 951 00:58:20,045 --> 00:58:22,118 on the other hand I don't know when we made the jump from going 952 00:58:23,018 --> 00:58:26,099 22 years the right for two years I cling to when you're right a clean cuz it 953 00:58:26,099 --> 00:58:27,438 seems like it's really 954 00:58:28,329 --> 00:58:31,910 really important part of practice now it's interesting 955 00:58:31,091 --> 00:58:34,770 you say the coast I had that feeling when I myself graduated 956 00:58:35,589 --> 00:58:40,210 November having a PhD in them a law degree at the University for thirteen 957 00:58:40,021 --> 00:58:40,065 years 958 00:58:40,065 --> 00:58:44,068 and when I started to practice I didn't know 959 00:58:44,068 --> 00:58:47,247 anything about the practical aspect 960 00:58:47,859 --> 00:58:51,906 and article was I thought exceptionally important in terms of helping ground you 961 00:58:52,329 --> 00:58:52,405 and give you that 962 00:58:53,089 --> 00:58:56,290 its roots but its it was the concert debate but 963 00:58:56,029 --> 00:59:00,030 but as he's right said I don't train lawyers for the first six months to the 964 00:59:00,039 --> 00:59:00,045 practice 965 00:59:00,099 --> 00:59:03,428 I train them for their career and and so 966 00:59:04,319 --> 00:59:07,380 you're going to learn those practical things whether you learn them 967 00:59:07,038 --> 00:59:10,077 you know in our weekly or as you start your practice and you're gonna probably 968 00:59:10,077 --> 00:59:12,146 make some mistakes and learn the hard way as 969 00:59:12,839 --> 00:59:16,760 education Hill experience is a tough teacher type 970 00:59:16,076 --> 00:59:19,122 but but agree you need both 971 00:59:20,022 --> 00:59:23,068 you need unit so that practical training i've certainly in one that believes that 972 00:59:23,068 --> 00:59:24,116 we should meet a an articling 973 00:59:25,016 --> 00:59:28,925 I think critically is a very important aspect in my practice I member 974 00:59:29,069 --> 00:59:32,990 a in my 34th year I was down in New York working on a deal 975 00:59:32,099 --> 00:59:35,193 and there was a its summit Justin called to the bar in the States 976 00:59:36,093 --> 00:59:39,116 who had no practical training and 977 00:59:40,016 --> 00:59:43,215 very smart person but knew nothing you boat 978 00:59:43,359 --> 00:59:46,434 what actually do and I whisked United this is personal the other side the 979 00:59:47,109 --> 00:59:48,206 transaction is happening guide them through three 980 00:59:49,079 --> 00:59:51,260 you should be doing this between the hat 981 00:59:51,026 --> 00:59:55,060 you know SEL I really do think that articling does serve a practical purpose 982 00:59:55,006 --> 01:00:02,006 we will maybe we'll let do this cuz looking at the time I know we're gonna 983 01:00:03,023 --> 01:00:05,090 have to break in a moment but there's one question that's been 984 01:00:05,009 --> 01:00:09,036 at nagging at me as I been at listening to 985 01:00:10,017 --> 01:00:13,083 to Ian and it says even more I think apparent in 986 01:00:13,083 --> 01:00:16,145 reading the excellent day histories that 987 01:00:17,045 --> 01:00:20,128 which are really just great stories in addition to covering important material 988 01:00:21,028 --> 01:00:21,072 force 989 01:00:21,072 --> 01:00:24,137 but the question that's been nagging at me maybe I'll finish with this money in 990 01:00:25,037 --> 01:00:25,102 for you 991 01:00:26,002 --> 01:00:30,038 is are you telling this story I love how change happens 992 01:00:30,038 --> 01:00:33,062 how education and the practice 993 01:00:33,062 --> 01:00:36,149 open up become more inclusive become more progressive 994 01:00:37,049 --> 01:00:40,146 become more aware a public interest less have just the 995 01:00:41,046 --> 01:00:46,047 private am calculations or is it really the opposite the story 996 01:00:46,047 --> 01:00:49,062 have the resilience I love a very 997 01:00:49,062 --> 01:00:54,110 insular community against all the forces of change in remember in these years 998 01:00:55,001 --> 01:00:56,039 that we're talking about 999 01:00:56,048 --> 01:00:59,143 1889 osgood dad being dominated by the profession 1000 01:01:00,043 --> 01:01:03,131 there are certainly other parts of the country where law schools were governed 1001 01:01:04,031 --> 01:01:08,066 by their losses ID's but also doubt housing which had been university-based 1002 01:01:08,066 --> 01:01:12,079 throughout this entire period in you heard the reference to Sydney Smith 1003 01:01:12,079 --> 01:01:17,083 where Willis I went off so it's not like it was only an American idea or ideal 1004 01:01:17,083 --> 01:01:20,097 so is is your story the story have 1005 01:01:20,097 --> 01:01:23,105 reform and changes at the story I love 1006 01:01:24,077 --> 01:01:27,103 conservatism and resistance to change 1007 01:01:28,003 --> 01:01:31,097 and I think that also his attention we're continuing to explore in the 1008 01:01:31,097 --> 01:01:31,153 current 1009 01:01:32,053 --> 01:01:35,141 debates in you followed the current debates as well as explore the history 1010 01:01:36,041 --> 01:01:37,122 so I'd be curious on your 1011 01:01:38,022 --> 01:01:41,065 parting thought on that front up well 1012 01:01:41,065 --> 01:01:43,158 I mean I think in a sense it's it's the story of both 1013 01:01:44,058 --> 01:01:47,136 a I think it's the story of how 1014 01:01:48,036 --> 01:01:53,074 changes happen and how you overcome 1015 01:01:53,074 --> 01:01:56,156 a reluctance and you know the 1016 01:01:57,056 --> 01:02:00,083 the conservatism up the profession 1017 01:02:00,083 --> 01:02:03,156 a to my mind you know if you look at the two people 1018 01:02:04,056 --> 01:02:07,058 sees a right and and Sydney Smith they're both become 1019 01:02:07,058 --> 01:02:10,119 the important aspect to the so we'll focus our attention on 1020 01:02:11,019 --> 01:02:14,067 on Cesar naturally mean he he attracted the attention 1021 01:02:14,067 --> 01:02:18,116 but sees it was a surprising who believe that the way to change people was the 1022 01:02:19,016 --> 01:02:20,051 hit them over the head 1023 01:02:20,051 --> 01:02:24,099 constantly with what he saw as that the truth the principles 1024 01:02:24,099 --> 01:02:27,107 on or not and what he did was create 1025 01:02:28,007 --> 01:02:31,011 a real backlash against him Sydney Smith 1026 01:02:31,047 --> 01:02:34,070 is the one who ended up engineering 1027 01:02:34,007 --> 01:02:37,039 change because city Smith knew how to compromise 1028 01:02:38,002 --> 01:02:41,043 he knew how he was the politician you know how I'll 1029 01:02:41,043 --> 01:02:47,044 to address people's concerns rather than say oh you must change up my choice 1030 01:02:47,044 --> 01:02:51,049 saying well you know there is some merit to what caesar's saying 1031 01:02:51,094 --> 01:02:54,115 but we don't have to go the whole way you know we can do this we can do that 1032 01:02:55,015 --> 01:02:55,052 began 1033 01:02:55,052 --> 01:02:59,061 and she's the one who brought about change and i think thats 1034 01:02:59,061 --> 01:03:02,119 to my mind to hear the story is really Sydney Smith a 1035 01:03:03,019 --> 01:03:06,076 not and there are others who came in as well to help 1036 01:03:06,076 --> 01:03:09,162 him but butter that there's a wonderful letter 1037 01:03:10,062 --> 01:03:13,127 that I can because I was doing the study it or 1038 01:03:14,027 --> 01:03:18,059 you know with somebody saying %um the benches have agreed 1039 01:03:18,059 --> 01:03:24,093 to meet but on only one condition that sees a right not attend the meeting and 1040 01:03:24,093 --> 01:03:27,179 and Sydney Smith brought on the bottom to his secretary 1041 01:03:28,079 --> 01:03:31,138 I wanna be the one who tell Cesar this it's gotta be 1042 01:03:32,038 --> 01:03:36,124 positioned in a way that he will accept and that's that was the genius at Sydney 1043 01:03:37,024 --> 01:03:37,077 Smith 1044 01:03:37,077 --> 01:03:41,086 he do this is waiting to be had with us but he said I can get him to accept this 1045 01:03:41,086 --> 01:03:44,121 and he did and the they did eventually bring about change 1046 01:03:45,021 --> 01:03:50,054 so I think it's a story of how change happens 1047 01:03:50,054 --> 01:03:54,106 well as a someone who's had the experience a teaching in Sydney Smith 1048 01:03:55,006 --> 01:03:59,033 all I can confirm it is a sad testament to a great day personality 1049 01:03:59,033 --> 01:04:03,034 the architecture could use the kind of sprucing up 1050 01:04:03,034 --> 01:04:08,075 that this a great law school a sad that you have tea is getting and the story of 1051 01:04:08,075 --> 01:04:09,123 the relationship between 1052 01:04:10,023 --> 01:04:14,032 at the trial until school's legal education in Ontario and the profession 1053 01:04:14,032 --> 01:04:17,118 is one that we're grateful for Ian 1054 01:04:18,018 --> 01:04:21,043 to get us started in discussing will continue 1055 01:04:21,043 --> 01:04:25,105 throughout this course I hope throat at this year for flexion time where we've 1056 01:04:26,005 --> 01:04:27,060 come from and where we're heading 1057 01:04:27,006 --> 01:04:30,101 on this are 120 fit so as we at 1058 01:04:31,055 --> 01:04:34,059 part now and I have a break as we make our way to 1059 01:04:34,095 --> 01:04:37,119 at the sections in you should have the rooms in the schedules 1060 01:04:38,019 --> 01:04:40,063 please join me one last time in thanking the entire