Robert P. Armstrong | |
|---|---|
 Justice Armstrong in 2017 | |
| Justice of theCourt of Appeal for Ontario | |
| In office January 2002 – March 2013 | |
| 56th Treasurer of the Law Society of Upper Canada | |
| In office 1999–2001 | |
| Preceded by | Harvey Thomas Strosberg |
| Succeeded by | Vern Krishna |
| Personal details | |
| Born | Robert Patrick Armstrong (1938-03-07)March 7, 1938 (age 87) |
| Education | Carleton University(BA) University of Toronto(MA,LLB) Law Society of Upper Canada(LLD,honoris causa) |
Robert Patrick ArmstrongKC (born March 7, 1938) is a Canadianlawyer and retiredjudge. He served on theCourt of Appeal for Ontario from 2002 until his retirement in 2013. Before serving on the bench, Armstrong was a partner atTorys and was lead counsel in theDubin Inquiry on steroid use in Canadian sports. After leaving the bench, Armstrong joinedArbitration Place, a Canadian group specializing inalternative dispute resolution.
Armstrong was born on March 7, 1938.[1] He was a student atCarleton University, theUniversity of Toronto, and theLondon School of Economics. He earned hisLLB from theUniversity of Toronto Faculty of Law in 1965 and was called to the bar two years later in 1967.[2] Armstrong began practicing law with Kimber, Dubin inToronto.[3]
Armstrong joinedTorys in Toronto in 1972, where he would stay until his 2002 appointment to the Ontario Court of Appeal.[2] Armstrong became a partner at Torys in 1973, and was appointed aQueen's Counsel in 1978.[3]
Armstrong was commission counsel in the 1981 Grange Commission on Railway Safety, which was formed to study the1979 Mississauga train derailment.[3][4][5] According to theLos Angeles Times, Armstrong's "tenacious grilling" of witnesses in the Grange Commission bolstered his reputation.[6]
Armstrong served as lead counsel for the 1989Dubin Inquiry, a federal inquiry launched afterBen Johnson's doping scandal at the1988 Summer Olympics inSeoul.[7] Armstrong worked with his mentor JusticeCharles Dubin, the chair of the inquiry, to guide the testimony of witnesses such as Ben Johnson,Angella Taylor-Issajenko,Charlie Francis about the extent of theiranabolic steroid use and how they avoided discovery. The inquiry recommended random, unannounced drug-testing of athletes to deter the use ofanabolic steroids.[7][8]
Armstrong has appeared in important cases including the 1995 case ofHill v. Church of Scientology of Toronto in theSupreme Court of Canada.[3][9]
Armstrong was abencher ofthe Law Society of Upper Canada from 1995 to 2002 and the 56thTreasurer of the Law Society of Upper Canada from 1999 to 2001.[10] He is also a former member of the Board of Regents of theAmerican College of Trial Lawyers,[11] and the former president of the Canadian Institute for Advanced Legal Studies.[12][3]
Armstrong was appointed to theOntario Court of Appeal on January 25, 2002.[2][3] He was one of the last judges on the Court of Appeal to not have previously held a judicial position, which was previously a widespread practice for federal appointments.[13] In October 2002, Armstrong was awarded aDoctor of Law (LLD)honorary degree by the Law Society of Upper Canada for his contributions to Canadian law.[3][14]
In December 2008, Armstrong wrote the majority decision upholding a lower court's decision that unions cannot force courts to enforce fines it imposes on its members who crosspicket lines. Armstrong, with JusticePaul Rouleauconcurring, found that the union's constitution created a power imbalance with its members, making itunconscionable for the court to enforce the fines. Armstrong's colleague, JusticeRussell G. Juriansz, dissented saying that the imbalance of power had not been abused and the workers were always free to leave the union.[15][16] The union in the case applied forleave to appeal the case to theSupreme Court of Canada, but the application was dismissed with costs.[17]
In February 2009, Armstrong wrote a decision holding that a defendant had correctly been found guilty ofcriminal harassment even though there was no previous contact and there was only a single incident, unlike the repetitive nature of traditional stalking cases. Armstrong wrote that this was because the defendant's actions – jumping out of a bush at the complainant and chasing her down a street – were "highly threatening and persistent" and had caused thecomplainant to reasonably fear for her safety.[18][19][20] The defendant's application for leave to appeal to the Supreme Court was dismissed.[21]
In February 2013, Armstrong, supported by the other two Court of Appeal judges hearing the case, dismissed the appeal inR v Fearon. Armstrong wrote that Fearon's right to privacy was not violated because a cellphone without password protection can be searched by police during an arrest without awarrant.[22][23] Armstrong's decision was appealed to the Supreme Court, which dismissed the appeal in a 4–3 decision in 2014.[24]
Armstrong became asupernumerary judge for the court in September 2012, and was replaced as a full-time judge byPeter Lauwers from theOntario Superior Court of Justice.[25] Armstrong retired in March 2013 upon reaching the mandatory retirement age of 75.[1][3][26]
A year after retiring from the Court of Appeal in 2013, Armstrong joinedArbitration Place, a Canadianarbitration firm,[27] as a resident arbitrator andmediator.[28] Armstrong was also a Distinguished Visiting Jurist for the 2013 – 2014 school year at theUniversity of Toronto Faculty of Law.[29]
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