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Gordon F. Henderson

Gordon Fripp Henderson,CCQC (April 17, 1912 – August 17, 1993) was aCanadianintellectual property lawyer who joined the law firmGowling Lafleur Henderson LLP in 1937, and later became its chairman. He was known for his advocacy on intellectual property matters as well as his involvement in intellectual property organizations throughout his career. Henderson's contribution to the development of Canadian and international jurisprudence is described as one of the most significant in Canadian legal history.

Gordon Fripp Henderson
Henderson (1984) taken byHarry Palmer
Honorary Consul toLiberia inCanada
51st President of theCanadian Bar Association
In office
1979–1980
Preceded byThomas J. Walsh
Succeeded byA. William Cox
Chancellor of theUniversity of Ottawa
In office
1991–1993
Preceded byMaurice Sauvé
Succeeded byHuguette Labelle
Personal details
Born(1912-04-17)April 17, 1912
Ottawa, Ontario, Canada
DiedAugust 17, 1993(1993-08-17) (aged 81)
Ottawa, Ontario, Canada
SpouseJoan Parkins (m. 1942-1993)
RelationsHenderson family
Children3 includingGordon Henderson
Parent(s)Gordon Smith Henderson
Charlotte Stratton
Alma mater
ProfessionLawyer
AwardsOrder of Canada

Henderson appeared in a reported 400 cases including 90 cases before the Supreme Court of Canada and worked right until his death in 1993. He founded the Intellectual Property Institute of Canada, the Canadian Patent Reporter, and was the president of theCanadian Bar Association.

He was involved in many organizations outside of the law. He took part in, and founded, multiple cable and radio companies in Ottawa and served on countless boards. He was the chancellor of theUniversity of Ottawa and was instrumental in the foundation ofSOCAN as its lawyer and later as chairman.

Henderson was a philanthropist and civic leader in Ottawa having lent his support to many causes. For his decades of service he received the 1988B'nai B'rith Award of Merit and a Companionship within theOrder of Canada.

Personal life and education

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Henderson was born inOttawa,Ontario, on April 17, 1912. His father was a well known defense lawyer in Ottawa,Gordon Smith Henderson, and his mother was Charlotte Stratton. Henderson was an only child and grew up in fairly affluent surroundings. His grandfather,William Henderson, came from Scotland, and eventually moved to Victoria to become a provincial Government architect.[1] His uncle,Stuart Alexander Henderson, was described as the best criminal lawyer of his time in the country.[2] He received a Bachelor of Arts degree from theUniversity of Toronto in 1934 and graduated fromOsgoode Hall Law School in 1937.[3] In 1942 he marriedJoan Parkins,[4] and they had three children together: Joanne,Gordon, and Robert.[5] Henderson passed away on August 17, 1993, in Ottawa.

 
Henderson's fatherGordon Smith Henderson
 
Henderson's Osgoode yearbook photo (1937)

Career

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Advocacy

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Upon hiscall to the bar in 1937, Henderson joined the firm of Henderson & Herridge (which later becameGowling Lafleur Henderson).[6] Within 3 years, and before the age of 28, Henderson had appeared successfully on two separate occasions at theSupreme Court of Canada.[7] Throughout his career, Henderson developed a reputation for litigation in all areas of law, especially in intellectual property. FormerOntario Superior Court Justice Roydon Kealey referred to Henderson as "one of three top lawyers in Canada. He was a legend, a prodigious worker, and more or less a genius."Ian Scott, formerAttorney General of Ontario, called him "the best all-round lawyer the profession has produced since the War."[7] He was known as a "lawyer's lawyer" by the Ottawa community, and by his colleagues as "a gentlemen, a character, and Canada's most respected lawyer".[8] By the time of his death, Henderson appeared as counsel in nearly 400 reported cases, including 90 before the Supreme Court of Canada.[7] Henderson never retired.[9]

In the 1940s he was the first to have home movies screened as evidence in a Canadian court. Later, in the same decade, Henderson convinced a judge to permit a tape recording into evidence, which was another first.[10]

Henderson was twice offered a judgeship. On the first occasion, early in his career, he was asked to be in on the trial division of theOntario High Court. He rejected the offer because he thought at his age he would not be effective on the bench. The second offer came in 1972 fromJohn Turner who asked Henderson to accept an appointment to theOntario court of appeal. He initially accepted but eventually decided against it.[11]

Professional associations

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Henderson was also an active participant in professional associations both within and outside the legal community. He was heavily involved in the Intellectual Property Institute of Canada.[12] Henderson was the president of the Patent Institute of Canada and was the president of theCanadian Bar Association from 1979 to 1980.[13] He founded the Canadian Bar Foundation during his presidency.[14] He was also involved with theInternational Bar Association as a member of the council of the business law section. Henderson helped found the Canadian Law Information Council and served as it chairman.[6]

He was also the founding editor of the Canadian Patent Reporter (CPR) (which he started in 1941).[6][15] The CPR was one of the first continuous case reporters for Canadian intellectual property law decisions, and remains a leading reporter today. For most of its existence, Henderson wrote virtually everyheadnote and comment in the publication.[7]

Henderson was a part time lecturer at the University of Ottawa.[16] In his later years, Henderson served on the Board of Governors of theUniversity of Ottawa, and from 1991 until his death in 1993, he was Chancellor of the university.

He was the first honorary chairperson forREACH Canada (1981), an organization that assists people with disabilities in getting legal help.[17]

Henderson was the founding chairman of theUniversity of Ottawa Heart Institute Advisory board.[18] In 1982 Henderson chaired the Ottawa Civic HospitalFrank Sinatra/Rich Little Gala dinner which raised 750,000 dollars for charity.[19]

He was a part owner of theOttawa Rough Riders from 1966 to 1969, during which the team won 2Grey cup championships in 1968 and 1969.[20] He and 11 other businessmen owned equal stakes of the team until, in 1969,David Loeb bought them out.[21] He was also a trustee of theSchenley Awards.[3]

Henderson was Honorary Consul to Liberia in Canada, a position that brought diplomatic privileges.[22]

Cable and radio

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Henderson went into the cable business just as it was starting and was very successful. He Co-Founded Ottawa Cablevision In 1965 and served as chairman. He was elected president of CKOY limited, nowCIWW (CityNews Ottawa), and was a part owner in CKOY as well as in Ottawa Cablevision.[23] In 1980, Henderson joined the board of directors atSelkirk Communications.[24] His cable and radio holdings were eventually sold toMaclean-Hunter (nowRogers).[25]

Notable Court Cases

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Tennessee Eastman Co v. Canada (Commissioner of Patents): Henderson represented the appellant (Tennessee Eastman Co) and lost.[26]

Capital City V. CRTC: Henderson acted on behalf of the appellants (Capital City). The court held that the content on both cable and broadcast television was within the jurisdiction of the Federal Government. Henderson lost this case. (1978)[27]

Johnson (S.C.) and Son, Ltd. et al. v. Marketing International Ltd. (1980)[28]

St. Peter's Evangelical Lutheran Church v. Ottawa (1982)[29]

R. v. Eldorado Nuclear Ltd.; R. v. Uranium Canada Ltd.: Henderson represented the appellant (Uranium Canada). Henderson argued that as a crown company, Uranium Canada could not be prosecuted, and he won. (1983)[30]

Operation Dismantle v. R: Henderson represented the appellant (Operation Dismantle) and lost.[31]

International Woodworkers of America, Local 2-69 v. Consolidated-Bathurst Packaging Ltd: Henderson acted on behalf of the respondent (Ontario Labour Relations Board) and won.[32]

Music Industry

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Henderson congratulatesLeonard Cohen as he receives an award

Henderson was instrumental in the formation ofSOCAN, a major Canadiancopyright collective, as its lawyer and later as chairman.[33] Henderson was in charge of the Performing Rights Organization of Canada (PROCAN), which merged with the Composers, Authors, and Publishers Association of Canada (CAPAC) to create SOCAN in 1990. BMI's president Edward M. Cramer credits the initiative for the merger to himself and Gordon Henderson.[34] Today SOCAN represents over 175,000 people in the music industry.

The Gordon F. Henderson/SOCAN Copyright Competition was named in his honour in 1990 and annually has offered a prize of $2000 to a Canadian law student, or lawyer in their first year of articling, for an essay on the subject of copyright relating to music[35]

At the time of his death, Henderson was a member of the Senate of theStratford Festival.[33] He was the chairman of the board of theOttawa Congress Centre.[3]

Legacy

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Henderson was a philanthropist, humanitarian and civic leader in his native Ottawa, having founded or lent his support to numerous causes. He was the founder of the Community Foundation of Ottawa and the Ottawa School Breakfasts Program. His decades of service to the University of Ottawa Heart Institute Foundation were recognized by the establishment of the Gordon F. Henderson Chair in Leadership to be held by the CEO of the institute.[18] The University of Ottawa recognized Henderson's leadership through an endowment supporting the Gordon F. Henderson Chair in Human Rights.

In September 2019, the county of Carleton Law Association (CCLA) announced that their library would bear the name ofThe Gordon F. Henderson LibraryArchived 2022-11-04 at theWayback Machine.[36] Alongside this, since 1992, the CCLA has given out The Gordon F. Henderson award to legal community members who have made a significant contribution to the community through charitable services.[37] Past winners includeLawrence Greenspon andWarren Creates.[38] The Gordon Henderson postdoctoral fellowship was established at the University of Ottawa in his name. The fellowship is offered to a researcher with an innovative and promising research project which aligns with the mandate of the Human Rights Research and Education Centre (HRREC) at the University of Ottawa.[39]

Henderson was featured in David Ricardo Williams bookJust Lawyers Seven Portraits.[40] He was also in the bookLearned Friends A Tribute to Fifty Remarkable Ontario Advocates, 1950–2000.[10]

Honours and awards

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DescriptionNotes
Queen's Counsel (QC)Awarded in 1953[3]
Officer of theOrder of Canada (OC)Awarded on July 11, 1977. Invested on September 25, 1977. For his numerous contributions to the legal profession in Canada and to community organizations in Ottawa.[22]
Canadian Bar Foundation testimonial dinnerHeld in 1982 and televised in Ottawa[3]
Life bencher of theLaw Society of Ontario[41]From 1983 until his death in 1993
Companion of the Order of Canada (CC)Awarded on July 11, 1988. Invested on November 08, 1988. This is a promotion within the Order[22]
B'nai B'rith Award of Merit[22]Awarded in 1988 at a televised dinner in honour of Henderson.
County of Carleton Law Association medal[3]Awarded in 1990

Honorary doctorates

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LocationYearSchoolDegree
  Ontario1979University of Ottawa[3]Doctor of Laws (L.L.D.)
  Ontario1982Law Society of Ontario[3]Doctor of Laws (L.L.D.)
  Ontario1984Carleton University[3]Doctor of Laws (L.L.D.)

Honorific eponyms

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  •   Gordon F. Henderson Award (CCLA)
  •   Gordon F. Henderson/SOCAN Copyright Award
  •   Gordon F. Henderson Postdoctoral Fellowship
  •   Gordon F. Henderson Chair in Human Rights
  •   Ottawa Heart Institute Gordon F. Henderson Chair in Leadership
  •   Gordon F. Henderson Law Library

Books

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References

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  1. ^Williams, pp. 226
  2. ^Patterson (1999). "Canada's Clarence Darrow".Nanaimo Daily News.
  3. ^abcdefghiKieran Simpson (1990).Canadian Who's Who.
  4. ^"The Ottawa Journal 17 Aug 1942, page Page 10".Newspapers.com. Retrieved2022-11-03.
  5. ^"Gordon Fripp Henderson obit".The Ottawa Citizen. 1993-08-22. p. 43. Retrieved2022-11-03.
  6. ^abc"» The Gordon F. Henderson Award".ipmootcanada.ca.
  7. ^abcdHenderson, Gordon F., ed.,Trade-marks Law of Canada (Toronto: Carswell, 1993) at xlvii.
  8. ^"Gordon Henderson a Lawyer's Lawyer".The Ottawa Citizen. September 8, 1987.
  9. ^"Lawyers need more practice at retiring".The Globe and Mail. 2003-02-24. Retrieved2023-05-01.
  10. ^ab"Learned Friends".Irwin Law. Retrieved2023-12-15.
  11. ^Williams, pp. 243
  12. ^Olano, Gabriel."Ottawa law library renamed after former Gowling WLG chairman Gordon Henderson". Law Times. Retrieved23 October 2019.
  13. ^"Canadian Bar Association - The Canadian Bar Association".www.cba.org.
  14. ^"Prominent Lawyer Honored".The Ottawa Citizen. January 15, 1982.
  15. ^gordon f. henderson/ SOCAN foundation copyright competition 2009Archived 2016-03-04 at theWayback Machine
  16. ^https://www.uottawa.ca/faculty-law/sites/g/files/bhrskd406/files/2022-02/reunion-uofo-common-law-eng-web.pdf[bare URL PDF]
  17. ^"Our Mission | Reach Canada".www.reach.ca. Retrieved2023-01-05.
  18. ^ab"At the Heart Institute we know great leaders set new standards".The Ottawa Citizen. April 5, 2003.
  19. ^Roston, Margo (September 13, 1982). "Who's Who in Ottawa Attended Gala Evening".The Ottawa Citizen.
  20. ^Crossley, Drew (2020-07-03)."Ottawa Rough Riders".Fun While It Lasted. Retrieved2022-09-18.
  21. ^"Glory, Failure equal parts of Riders History".The Ottawa Citizen.
  22. ^abcdOrder of Canada citation
  23. ^"CIWW-AM | History of Canadian Broadcasting".broadcasting-history.com. Retrieved2022-11-03.
  24. ^"Selkirk Communications Ltd. (1920's-1989) | History of Canadian Broadcasting".broadcasting-history.com. Retrieved2022-11-03.
  25. ^Williams, pp. 234
  26. ^"Tennessee Eastman Co. et al. v. Commissioner of Patents - SCC Cases".scc-csc.lexum.com. Retrieved2023-02-18.
  27. ^"Capital Cities Comm. v. C.R.T.C., 1977 CanLII 12 (SCC), [1978] 2 SCR 141".CanLII.
  28. ^"Johnson (S.C.) and Son, Ltd. et al. v. Marketing International Ltd. - SCC Cases".scc-csc.lexum.com. Retrieved2023-02-18.
  29. ^"St. Peter's Evangelical Lutheran Church v. Ottawa - SCC Cases".scc-csc.lexum.com. Retrieved2023-02-18.
  30. ^"R. v. Eldorado Nuclear Ltd.; R. v. Uranium Canada Ltd. - SCC Cases".decisions.scc-csc.ca. Retrieved2023-02-18.
  31. ^"Operation Dismantle v. The Queen - SCC Cases".scc-csc.lexum.com. Retrieved2023-02-18.
  32. ^"Iwa v. Consolidated-Bathurst Packaging Ltd. - SCC Cases".scc-csc.lexum.com. Retrieved2023-02-18.
  33. ^abhttps://worldradiohistory.com/CANADA/RPM/90s/1993/RPM-1993-09-04.pdf (PDF).RPM WEEKLY.58 (8): 2. September 4, 1993.
  34. ^https://www.scribd.com/document/482086863/Whose-Idea-Was-It-to-Merge-PROCAN-With-CAPACArchived 2023-01-02 at theWayback Machine| Copyright | Property".Scribd. Retrieved 2023-01-02.
  35. ^"PRO Canada Awards | The Canadian Encyclopedia".www.thecanadianencyclopedia.ca. Retrieved2023-01-06.
  36. ^Walker, Jennifer (2019-09-24)."Introducing our New Library Name: The Gordon F. Henderson Library".Robeside Assistance. Retrieved2022-11-02.
  37. ^"Awards".County of Carleton Law Association. 2022-11-02.
  38. ^"Weblist - Gordon F Henderson Winners"(PDF).County of Carleton Law Association. 2022-11-02.
  39. ^"Gordon Henderson postdoctoral fellowship".Research and innovation. Retrieved2022-11-03.
  40. ^Williams, David Ricardo (1995).Just Lawyers: Seven Portraits. Osgoode Society for Canadian Legal History.ISBN 978-0-8020-0747-6.
  41. ^"Law Society of Ontario Benchers".Law Society of Ontario.
  42. ^"WorldCat".

Bibliography

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Wikimedia Commons has media related toGordon F. Henderson.

Williams, David Ricardo (1995).Just Lawyers: Seven Portraits. Osgoode Society for Canadian Legal History.ISBN 978-0-8020-0747-6.

Academic offices
Preceded by Chancellor of theUniversity of Ottawa
1991–1993
Succeeded by

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