Jean Beetz | |
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| Puisne Justice of theSupreme Court of Canada | |
| In office January 1, 1974 – November 10, 1988 | |
| Nominated by | Pierre Trudeau |
| Preceded by | Bora Laskin |
| Succeeded by | Charles Gonthier |
| Justice of theQuebec Court of Appeal | |
| In office 1973–1974 | |
| Nominated by | Pierre Trudeau |
| Personal details | |
| Born | (1927-03-27)March 27, 1927 Montreal,Quebec |
| Died | September 30, 1991(1991-09-30) (aged 64) |
| Alma mater | Université de Montréal Faculty of Law;Pembroke College, Oxford |
| Profession | Lawyer |
Jean-Marie Philémon Joseph Beetz,CC, c.r. (March 27, 1927 – September 30, 1991) was aCanadianlawyer, academic and judge fromQuebec. He served as apuisne justice of theSupreme Court of Canada from 1974 to 1988.
Born inMontreal,Quebec, Beetz was the son of Jean Beetz and Jeanne Cousineau.[1]
He was the grandson of Adéla Tanguay (1884-1954) andJohan Beetz (1874–1949), aBelgianphysician,surgeon,naturalist,illustrator andbusinessmen.
Beetz earned aBachelor of Arts degree in 1947 from theUniversité de Montréal and aLicentiate of Laws in 1950. He was awarded aRhodes Scholarship and attendedPembroke College, Oxford, where he receivedBachelor of Arts andMaster of Arts degrees in 1953.[2]
Beetz wascalled to the bar in Quebec before leaving for England on his Rhodes Scholarship. On his return to Canada in 1953, he became an assistant professor teachingCanadian constitutional law at the Université de Montréal. He taught there for twenty years, including serving as Dean of the Faculty of Law from 1968 to 1970.[1] He had a reputation as a reflective and meticulous scholar and a wise and caring teacher.[3] One of his colleagues on the Faculty of Law wasPierre Trudeau, later thefederal Minister of Justice and thenPrime Minister of Canada.
In addition to his academic work, Beetz also served in Ottawa from 1966 to 1971. He was the Assistant Secretary to theCabinet andAssistant Clerk of the Privy Council. He then served as Prime Minister Trudeau's Special Counsel on Constitutional Affairs. In that position, he was deeply involved in theVictoria Charter constitutional reform process,[3] which was a fore-runner to thepatriation of the Constitution in 1982 and the adoption of theCanadian Charter of Rights and Freedoms.
In 1973, Prime Minister Trudeau appointed Beetz to theQuebec Court of Appeal. He served on that court for less than a year, being elevated to theSupreme Court of Canada on January 1, 1974.[1]
Beetz's areas of expertise were thecivil law of Quebec, andCanadian constitutional law. Because his time on the Supreme Court coincided with major federal-provincial disputes on federalism issues, he took part in several major federalism decisions. More than anyone else on the Court at the time, he supported the provinces in the division of powers, taking the traditional Quebec interpretation for a decentralised federation. SinceChief Justice Laskin was a strong centralist, they usually took opposing views on federalism issues. James MacPherson, former Dean ofOsgoode Hall Law School, has summarised the Beetz-Laskin debates: "The result was that constitutional lawyers, academics, and students were regularly treated to two scholarly, beautifully reasoned, and eloquent — but in the end — opposing judgments. Put simply, Professors Laskin and Beetz, as Chief Justice and Justice, elevated the level of discourse in Canadian constitutional law."[3]
One of Beetz's most significant decisions was his dissenting opinion inReference re Anti-Inflation Act. The case concerned a federal statute which implemented wage and price controls during a time of high inflation. The issue was whether the federal Parliament had the authority to pass the Act, under the emergency branch of the federalpeace, order and good government power. Beetz wrote a lengthy decision outlining the doctrinal basis for the emergency branch, and concluded that the Act did not meet the necessary strict test for federal legislation under this power. The other justices of the Court disagreed with his conclusion, and upheld the constitutional validity of the federal Act. However, they agreed with his interpretation of the emergency branch. As a result, Beetz's outline of the emergency branch is now the standard analysis. James MacPherson has stated that Beetz's opinion is "... the single best written judgment in a distribution of powers case in the history of Canadian constitutional law."[3]
Beetz also participated in the 1981Patriation Reference, which consideredPrime Minister Pierre Trudeau's attempt to have the federal government unilaterallypatriate theConstitution of Canada without the consent of theprovinces. By a 7-2 division, a majority of the Court held that Parliament had the legal authority to act unilaterally. However, by a division of 6-3, the Court also held that unilateral federal action would violate aconstitutional convention that had emerged sinceConfederation, requiring substantial provincial agreement on constitutional amendments.
Beetz, along with the other two judges from Quebec andJustice Dickson, was in the majority on both issues: he agreed that Parliament had the legal authority to act unilaterally, but also agreed that a constitutional convention required a substantive degree of provincial agreement for major constitutional amendments.[4]
Beetz retired in 1988 due to ill health.[3] In 1989 he was made a Companion of the Order of Canada, for his contribution to Canadian federalism, administrative, public, and civil law.[5]In addition to his reputation as a judge, Beetz was also respected for his personal characteristics of warmth, humour and modesty. At a memorial service for Beetz, his former colleague,Chief Justice Lamer stated: "Jean, mon ami, pour le dire le plus simplement possible, était un homme bon" (Jean, my friend, to say it as simply as possible, was a good man).[3]
Beetz died on September 30, 1991.
He is appointed to the Order of Canada in 1989 for his contribution to Canadian federalism, administrative, public, and civil law.
special adviser to the Prime Minister of Canada on constitutional issues,
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