This article is the third of a trilogy on the history of the teaching of international law in Canada. The first was published in Volume XII of the Canadian Yearbook of International Law 67–110 (1974) and the second in Volume XIII, ibid., 255–80 (1975).

¹⁴³ Though in 1885 the University of Manitoba had established a three-year reading course in law leading to the LL.B. degree, few students attended and the course soon came to an end. For essential background information, see Dale, and Gibson, Lee, Substantial Justice: Law and Lawyers in Manitoba 1670–1970 152 (Winnipeg: Peguis Publishers, 1972).Google Scholar

¹⁴⁴ There was one full-time instructor, R. P. Hills, an Englishman, and seven part-time lecturers. The law school was only pro forma a faculty of the university: Gibson, op. cit., 215–17, 247–51, 268–70, 272–73, 288–90, 295–97, 302–5, 316. “The Law School constituted yet another variant on the relationships the university had formed with professional bodies, relationships determined not so much by academic considerations as by the professional predilections and the strength of the various bodies”: Morton, W.L., One University: A History of the University of Manitoba 1877–1952 98–99 (Toronto: McClelland and Stewart, 1957).Google Scholar See too Williams, E.K., “Legal Education in Manitoba: 1913–1950,” (1950) 28 Can. Bar Rev. 759–80, 880–92.Google Scholar For a concise historical narrative, see the booklet entitled Robson Hall, Faculty of Law, University of Manitoba, published on the occasion of the opening of the new law building on September 15, 1969.

¹⁴⁵ Letter from David A. Golden, dated July 17, 1973, at 2. Mr. Golden, now president of Telesat Canada, was a part-time member of the staff from 1947 until 1951. For biographical details on W.F. Osborne, see Bedford, A.G., The University of Winnipeg: A History of the Founding Colleges 29, 52, 129 (University of Toronto Press, 1976).Google Scholar

¹⁴⁶ His notes are available for inspection in the Archives of Western Canadian Legal History, Robson Hall, University of Manitoba.

¹⁴⁷ Letter from David A. Golden, dated July 17, 1973, at 2.

¹⁴⁸ Gibson, op. cit. supra note 143, at 248–52. This modest experiment with full-time study was brought to an end eight years later when concurrent articling was fully reinstated.

¹⁴⁹ Letter from Joseph T. Thorson dated June 12, 1972, at 2 and 3. Thorson was born in Winnipeg in 1889. He was educated at the University of Manitoba (B.A. 1910, LL.B. 1912) and Oxford (B.A. in Jurisprudence 1912). Called to the bar in Manitoba in 1913, he was a part-time lecturer at Manitoba Law School from 1919 to 1941 and dean from 1921 to 1926. He left academic life to enter federal politics in 1926. In 1938 he was a delegate to the Assembly of the League of Nations. In 1952 he was selected president of the International Congress of Jurists, Berlin. Thorson was Minister of National War Services, Ottawa, 1941. He was appointed president of the Exchequer Court of Canada on October 6, 1942, and held that office until statutory retirement at the age of seventy-five on March 15, 1964. See Canadian Who’s Who, vol. 13, 1973–75, at 988. See too Ross, Val, “Thorson’s Last Stand,” Weekend Magazine, October 9, 1976, at 25.Google Scholar

¹⁵⁰ Letter from Joseph T. Thorson dated June 12, 1972, at 3. Thorson’s influence on the curriculum appears to have been short-lived: public international law did not become “an important subject”; the Manitoba Law School was for years perceived as a “practical” institution; and it was only in 1964-65 that the school adopted a three-year full-time programme of instruction. It was in the late 1950’s that “the board of trustees decided to do something about it”: Gibson, op. cit. supra note 143, at 302. The school’s concerns on the eve of its merger with the University of Manitoba are detailed by Lamont, F.B., “Legal Education in Manitoba,” (1963) 35 Manitoba Bar News 29–34.Google Scholar Thorson himself was critical of the system that prevailed after his departure: see his remarks to the Canadian Bar Association in The Winnipeg Free Press, September 1, 1961.

¹⁵¹ Knott was “a learned and articulate, but hopelessly intemperate man, whose brief tenure at the law school left those who came in contact with him rich in anecdotes.” His “turbulent association” with the school came to an end in 1925: Gibson, op. cit. supra note 143, at 248–49. We know nothing about Knott’s course in international law or his attitude to the subject.

¹⁵² For an assessment of his work, see Johnson, D.H.N., “The Contribution of Sir Erie Richards to the Science of International Law,” (1963) 39 Brit. Yb. Int’l L. 365.Google Scholar

¹⁵³ F. H. Coleman was appointed dean in July 1929, with freedom to practise in the afternoons. He left the law school in 1933 to take up the position of Under-Secretary of State, to which he was appointed by Prime Minister R.B. Bennett. Though “an urbane intellectual with a mania for reading,” he was really a part-time dean. We know little about his academic interest in international law. He served as Canadian Ambassador to Cuba (1950-51) and to Brazil (1951-53). Biographical details appear in Who’s Who in Canada 1956–57, at 964; Canadian Who’s Who, vol. 8, 1958–60, at 216.

¹⁵⁴ In 1927 the law course was lengthened to four years and the concurrent articling system in the third and fourth years was reinstituted. “The previous program had in the trustees’ opinion been too theoretical in nature” : Gibson, op. cit. supra note 143, at 249.

¹⁵⁵ Letter from Cohen, Maxwell, entitled “Flowers for the Memory,” dated July 3, 1973, at 4.Google Scholar

¹⁵⁶ Letter from C. Rhodes Smith dated April 21, 1972, at 2.

¹⁵⁷ Smith later served as Minister of Labour, Minister of Education, and Attorney-General in Manitoba; Chairman of the Restrictive Trade Practices Commission, and Chairman of the Canada Labour Relations Board in Ottawa; Chief Justice of Manitoba 1967–71; and Chairman of the 1973 Commission of Inquiry into the Forest and Industrial Complex in Northern Manitoba. In 1968 he was awarded an LL.D. degree honoris causa by the University of Manitoba. Unfortunately Smith found no time to write in the field of international law. For his published opinion “that the aim of legal education is fundamentally practical,” see his essay “Legal Education: A Manitoba View,” (1935) 13 Can. Bar Rev. 404-14. His entry in Canadian Who’s Who, vol. 13, 1973–75, at 923 makes no reference to his academic interests.

¹⁵⁸ length of the school term was shortened, lectures were curtailed in some courses, and the school’s calendar was reduced to a mimeographed bulletin: Gibson, op. cit. supra note 143, at 272. The situation was similar in other Canadian law schools.

¹⁵⁹ Letter from David A. Golden, dated July 17, 1973, at 3. For a statement of Tallin’s practice oriented pedagogical views, see his notes entitled “Legal Education in Manitoba,” (1954) 26 Manitoba Bar News 44–51; (1964) 5 U. Toronto L.J. 432–37; and for a note on relevant names and dates, see Buchwald, Harold, “The Manitoba Law School: Forty Years,” (1954) 26 Manitoba Bar News 77–83.Google Scholar

¹⁶⁰ A biographical note on Tallin appears in The Winnipeg Free Press, Monday, June 4, 1945. The same information appears in (1945) 17 Manitoba Bar News 39. “Pete Tallin bore an uncanny resemblance to Mussolini both in face and girth. He kept extremely fit and used to spend his lunch hour exercising as he ate an apple as his mid-day meal. One of his more unusual occupations was to invite people to jump up and down on his abdomen which, although ample, was extremely strong” : letter from David A. Golden, dated September 17, 1976, at 2.

¹⁶¹ Though John Sharp published extensively, most of his writings were on torts and commercial law. He was preparing to return to international law, his favourite field, when illness overtook him. An obituary notice appears in The Winnipeg Tribune, June 16, 1976.

¹⁶² For background information on the city and the province, see Artibise, Alan F.J., Winnipeg: A Social History of Urban Growth 1874–1914 (Montreal: McGill-Queen’s University Press, 1975)Google Scholar; Morton, W.L., Manitoba: A History (2nd ed., Toronto: University of Toronto Press, 1976).Google Scholar

¹⁶³ A short history of the College of Law can be found in the calendar of the College for 1972-73, at N-3-7, and in the brochure entitled “College of Law 1913-1967,” distributed at die opening of the law building in 1967. Brief references to the College appear in Moxon, Arthur S. (ed.), Saskatchewan: The Making of a University 70, 97 (Toronto: University of Toronto Press, 1959).Google Scholar For F. C. Cronkite’s tribute to Arthur Moxon, see Corry, J.A., Cronkite, F.C., and Whitmore, E.F. (eds.), Legal Essays in Honour of Arthur Moxon ix-xii (xToronto: University of Toronto Press, 1953).Google Scholar See too the note on Moxon in (1963) 28 Sask. Bar Review 107; and the warm appraisal of former Prime Minister John G. Diefenbaker: “He could have touched the heights in law. He had a great heart, and his knowledge and appreciation of jurisprudence brought that subject to life for us. No student I know who was privileged to have had him as professor but would agree with me that no one was his equal as a teacher. Certainly, he inspired in his students a determination to emulate his erudition, however small our success in the attempts” : Diefenbaker, John G., One Canada: The Crusading Years 1895–1956, at 80 (Toronto: Macmillan of Canada, 1975).Google Scholar

¹⁶⁴ For biographical information on MacKay, see supra note 14. “No one had a greater influence on me in university than he. He was my professor in political science and law, and he had that quality essential to a great teacher, the power to inspire. He was a man of much wisdom and I remember many of his lessons. He judged that a people can never be made good by legislation, a point that many of us never learn. His words come back to me when I think of the Morgen taler case: ‘The law is not what should be; the law is what the consensus in the community ordains that it shall be....’ But Ira Allen Mac-Kay was also a man often remote from the ordinary things of life. On one occasion, he came goose-hunting with three or four of us. We dug the pits, a surprise to him, and put out the decoys. Before long, a flock of geese began their approach. When they were about a hundred yards away, he stood up to proclaim: “Never, in all my life, have I ever before realized the meaning of the poetry of motion.’ That was the end of his goose-hunting with us!”: Diefenbaker, John G., One Canada: The Crusading Years 1895–1956, at 79–80 (Toronto: Macmillan of Canada, 1975).Google Scholar

¹⁶⁵ Professor W. H. McConnell, to whom I am indebted for having responded to many queries and for having checked all general calendars of the university from 1915 to 1962, provides this information in his letter of June 14, 1972, at 1.

¹⁶⁶ Letter from D. Gordon Blair dated March 8, 1974, at 2.

¹⁶⁷ Ibid., 2.

¹⁶⁸ The teaching staff comprised four full-time professors and six or seven part-time lecturers from the local bar, a reasonably strong establishment for those days.

¹⁶⁹ Cole recalls that MacKenzie and Laing’s casebook was outdated; that there was no other suitable casebook to assign to students; and that library resources were inadequate: letter from Charles V. Cole dated May 22, 1973, at 2, 3. The situation would have been similar in other Canadian law schools.

¹⁷⁰ Biographical details on Colwyn Williams appear in (1971-72) 36 Sask. Law Rev. 234.

¹⁷¹ A leading Canadian law teacher and a fine scholar, Cronkite held B.A. and M.A. degrees from the University of New Brunswick, and M.A. and LL.B. degrees from Harvard. He graduated from Harvard Law School in 1923, practised for a year in Woodstock, New Brunswick, and joined the staff of the law school in Saskatoon in 1924. His M.A. work at Harvard was in economics and international law, the latter under George Grafton Wilson. Professor W. H. McConnell’s profile of Cronkite appears in (1974) 38 Sask. Law Rev. 375.

¹⁷² “In terms of your inquiry my perspective is negative. Speaking for the thirties, forties and fifties, no International Law was taught at Saskatchewan. This was for the reason that I did not believe that Public International Law had a proper place on a Law School curriculum” : letter from F. C. Cronkite dated April 3, 1972, p. 1. Cronkite died April 27, 1973.

¹⁷³ Ibid., 2.

¹⁷⁴ Letter from W.H. McConnell dated June 29, 1972, at 2.

¹⁷⁵ Letter from F. C. Cronkite dated April 3, 1972, at 1; letter from W. H. McConnell dated June 29, 1972, at 3; and letter from B. L. Strayer, dated September 24, 1976, at 2: “It should also be kept in mind that the curriculum in the College of Law included, during his time, compulsory courses in legal history and in jurisprudence, a situation not I think very common among Canadian law schools. This reflected, I think, Dean Cronkite’s views as to the importance of developing well-rounded lawyers. Again, this approach would have tended to favour the inclusion of public international law in the curriculum. I therefore am inclined to agree with your conclusions … [in footnote 177].”

¹⁷⁶ Letter from J. A. Cony dated May я8, 1973. Cony writes as follows: “I left the Saskatchewan Law School in 1936 and have not had any detailed knowledge of it since. For the period from 1920 to 1936 your story is correct, and Cronkite’s philosophy of the matter was as you state. Moxon, the Dean who preceded him, took the same view. How far they were making a virtue of necessity I cannot say.”

¹⁷⁷ Cronkite was ambivalent on the subject. His letter of April 3, 1972 first states that he “did not believe that Public International Law had a proper place on a Law School curriculum.” But then he adds that, “a few years before my retirement I had gathered materials for a seminar class designed to show the necessity and feasibility of world law or, if you like, enforceable international rules of law…. I had recruited [Colwyn Williams] largely because of his known interest in international affairs.” Obviously there is a contradiction here. Those with whom I have corresponded emphasize that throughout his career Cronkite maintained the need for an idealistic approach to law and society. Mr. Gordon Blair believes that “the extreme intellectual honesty of Dean Cronkite may have caused you to over-emphasize an apparent lack of interest in public international law during his deanship” : letter from D. Gordon Blair dated March 8, 1974, at 3. My conclusion is that Cronkite, who was interested in world federalism, was not intellectually hostile to international law; he was preoccupied with the priorities of other teaching and administrative necessities.

¹⁷⁸ Henry Marshall Tory was an extraordinary man. He became successively (from 1905 on) founder of McGill College in British Columbia, later to become the University of British Columbia; founder and first president of the University of Alberta; founder and president of Khaki University during World War I; and president of the National Research Council. At his death he was president of Carleton College, Ottawa, an institution he had been instrumental in establishing a few years earlier. The Montreal Standard described him as “one of the most vigorous and aggressively constructive characters ever to enter Canadian public life”: Corbett, E.A., Henry Marshall Tory: Beloved Canadian 227–28 (Toronto: The Ryerson Press, 1954).Google Scholar

¹⁷⁹ See Johns, W.H., History of the Faculty of Law, The University of Alberta (Edmonton, 1973).Google Scholar This short statement, prepared for and distributed at the opening of the Law Centre on May 4, 1972, provides useful information about the school from 1908 to 1971 and shows how the teaching of law began as a kind of extension activity from 1913 until 1921, when the first intramural class was registered. The flavour of the early days is caught by W. F. Bowker in his articles on Chief Justice Harvey in (1954) 32 Can. Bar Rev. 933, 1118.

¹⁸⁰ W. H. Johns, op. cit. supra at 4.

¹⁸¹ Neither had any notable interest in international law. Power wrote a short article, “Search and Seizure at Sea,” (1938–40) 5 Alberta Law Quarterly 182–89; Scott returned to England where he edited Craies Statute Law.

¹⁸² The University of Alberta, Calendar 1913-14, at 103–7.

¹⁸³ The first professor of law and, soon after his appointment, dean of the faculty, was John Alexander Weir. Weir died in 1942 and was succeeded by Malcolm Murray Maclntyre, who joined the faculty in 1930, established the Alberta Law Quarterly, resigned in 1944, and joined the U.B.C. Law School in 1948. Weir and Maclntyre, the only full-time teachers during this long period, taught about fifteen hours a week, an “exploitation almost inevitable in a university whose services had far outstripped its income.” Maclntyre’s tribute to Weir appears in (1942) 5 Alberta Law Quarterly 1, and W. F. Bowker’s tribute to Maclntyre in (1964) 3 Alberta Law Review 161. Interestingly, President Tory first asked Roscoe Pound of Harvard Law School to suggest an appropriate dean and Pound suggested Ivan C. Rand, who was unable to accept.

¹⁸⁴ The University of Alberta, Calendar 1921–22, at 85–86.

¹⁸⁵ The four courses, in addition to international law, were legal philosophy, corporation finance, political science, and Roman Law: The University of Alberta, Calendar 1922–33, at 88.

¹⁸⁶ This question remains unresolved. Professor Peter L. Freeman writes that in 1922–23 “International Law does not appear to be an offering of the Law School, but this year marks the beginning of the Degree with Distinction, whereby a student was permitted to take additional subjects, one of which was International Law. The Degree with Distinction was continued until 1961. There do not appear to have been any other offerings of International Law within the Law School to that date”: letter from Peter L. Freeman dated June 21, 1973, at 1. In view of the fact that Weir was the only identifiable full-time professor from 1921 until 1930, when he was joined by Maclntyre, and that, from 1930 until 1942, when Weir died, both men were handling most of the teaching of the traditional subjects, it is unlikely that time or energy was available for international law. The calendar certainly implies that the subject was available in the law school. But we have no record of an instructor being assigned or of students taking the course.

¹⁸⁷ The degree with distinction was continued under the university’s general regulations until 1960. In 1961 it became a university-wide degree: The University of Alberta, General Calendar, 1960-61, at 32 and 1961–62, at 31. No information is available about the status of this degree in the law school in recent years. The “last successful candidate was Mr. Morris Shumiatcher in 1941. Thereafter, chiefly because of lack of staff and perhaps of interest during and after World War II, the option was not taken. It does not appear in the Calendar for 1952-53 so I presume it was dropped in 1952”: letter from W. H. Johns dated January 9, 1974. Professor W. H. Angus agrees: letter from W. H. Angus dated March 4, 1974, at 1.

¹⁸⁸ “Clearly the subject of International Law was not offered in the curriculum in the 1959-1961 academic years”: letter from Professor W. H. Angus dated March 4, 1974, at 1.

¹⁸⁹ As in most Canadian law schools of the time, library resources were grossly inadequate. “We were struggling along in all fields and international law was not a priority when we first began to build up the law library starting in about 1962. I remember that at that time the total annual appropriation for the library was $3,600” : letter from Professor Andrew R. Thompson dated March 18, 1974.

¹⁹⁰ Head’s essays include the following: “Canadian Claims to Territorial Sovereignty in the Arctic Regions,” (1963) 9 McGill L.J. 200–26; “The Stranger in Our Midst: A Sketch of the Legal Status of the Alien in Canada,” (1964) 2 Canadian Yearbook of International Law 107–40; “The Canadian Offshore Minerals Reference: The Application of International Law to a Federal Constitution,” (1968) 18 U. Toronto L.J. 131–57; “The Legal Clamour over Canadian Off-Shore Minerals,” (1967) 5 Alberta Law Rev. 312–27; “A Fresh Look at the Local Remedies Rule,” (1967) 5 Canadian Yearbook of International Law 142–58; International Law, National Tribunals and the Rights of Aliens (Syracuse U.P., 1971) (with F. G. Dawson); “The Foreign Policy of the New Canada,” (1972) 50 Foreign Affairs 23752; “The ‘New Federalism’ in Canada: Some Thoughts on the International Legal Consequences,” (1966) 4 Alberta Law Rev. 389–94.

¹⁹¹ Assessors of Ivan Head’s contributions to Canada’s international law position should not overlook the effect of private practice on his intellectual formation. Head has in fact a very practical, private lawyer’s approach to law, life, and world affairs. Before arriving in Ottawa, he interested himself mightily in the subtleties (of which there are few finer) of locating the oil and gas lease within the given framework of the English law of real property. “I am,” he has observed, “a disciple of Louis Henkin who said: ‘the rule of law is an ideal state of health, not a prescription for achieving it’.”

¹⁹² It is understood that if he had remained at the university his plans for an interdisciplinary programme in international legal studies, already well advanced, would have led to co-operatve programmes between law, political science, and other divisions of the university. Head worked to this end with Grant Davey, King Gordon, and Neville Linton. The Banff Conference on World Affairs, 1965, was one consequence of their collaboration. That conference produced a book entitled This Fire-Proof House: Canada Speaks Out about Law and Order in the International Community (N.Y., Oceana Publications, 1966).

¹⁹³ For Professor Anderson’s tribute to Bowker, with asides on the policies and problems of the Alberta law school, see Anderson, D. Trevor, “Wilbur Fee Bowker: In Appreciation,” (1976) 14 Alberta Law Rev. 199–222. For bio graphical details on G. V. La Forest, now a member of the Law Reform Commission of Canada, see A.C.L.T. Teachers’ Directory, 1966–67, at 37.Google Scholar

¹⁹⁴ L. C. Green’s impressive publications, to which, happily, he continues to add, are too numerous to list here. A few of them have been collected under the title Law and Society (N.Y., Oceana Publications, 1975).

¹⁹⁵ Professor Anderson comments as follows: “There is some danger in looking at the school with particular regard to the teaching of international law, of leaving the impression that the outlook of the faculty in earlier years was generally limited and almost exclusively vocational. I think that would be wrong. Weir was both learned and scholarly; Maclntyre was one of the first of the Canadian teachers to display the law effectively to students in the light of its social purposes and utility (he had been much influenced at Harvard by Pound and his ideas); Alex Smith always taught constitutional law in the wider context of political and social development, and Dean Bowker always gave great emphasis to the value of a broad education in law, himself having particular interest in legal history, jurisprudence and civil liberties. The sentence on page 7 [of a draft of this essay] attributing to ‘many members’ of the faculty the opinion that international law was a ‘frill,’ seems to me to overstate the matter. Rather, it was a question of priorities as between courses competing for curricular space, given limited faculty members, the qualifications of available sessional lectures, and the predominant interests of the students. Once the School entered the era of rapid expansion in the 1960’s, it did, as you say, make much greater provision for international law, and I am sure that if Ivan had not joined the staff in 1963, someone else qualified in the subject (and you will recall it was pretty popular at that stage in LL.M. courses everywhere) would have soon been recruited for the purpose of developing at least a basic course in the subject.” : letter from D. Trevor Anderson dated March 7, 1974, at 1. However, Ivan L. Head observes that during the post-World War II era “the curriculum offered no room for what were then called ‘frills’…. Had anyone suggested an option or indeed a subject that could not be tied directly to the earning of fee income by a practising lawyer in the Province of Alberta, he would not have been listened to … the method of teaching by seminar was foreign to the law school all through these years” : letter from Ivan L. Head dated March 19, 1974, at 2.

¹⁹⁶ Although the school paid little attention to international law in the past, a number of its graduates have made notable careers in the field. Max Wer-shof in 1930 (formerly legal adviser to the department of external affairs); William Epstein in 1935 (until recently director of the disarmament division of the U.N.); and Ivan L. Head (now special adviser to the prime minister of Canada). J. O. Parry and J. S. Stanford are members of the bureau of legal and consular affairs in the department of external affairs in Ottawa.

¹⁹⁷ For a brief description of the founding of the Faculty of Law, see Logan, Harry T., Tuum Est: A History of the University of British Columbia 157–58, 178, 186, 229 (Vancouver, 1958).Google Scholar For information on the beginnings of legal education in the province, see Watts, Alfred, History of the Law Society of British Columbia 1869-1973 (Vancouver, no date)Google Scholar; Russ, A.B., “The Law Student in Early British Columbia,” (1953) 11 The Advocate 77–80,Google Scholar outlining the educational requirements for enrolment as a student at law from 1875; and for a note on recent developments, see Bourne, Charles B., “Legal Education in British Columbia,” (1966) 24 The Advocate 41–45.Google Scholar

¹⁹⁸ In 1947 Frederick L. Shuman’s International Politics: An Introduction to the Western State System was added to the list; further readings were recommended thereafter, for example, Nussbaum, Arthur, A Concise History of the Law of Nations (N.Y., Macmillan Co. Ltd., 1947; 3rd rev. ed. 1954).Google Scholar

¹⁹⁹ “When young dean Curtis first stood on the raw pitch of ground that was to become the site of the new Law School, all he had was his appointment and his ideas, but he affixed to the freehold the incorporeal hereditament of enthusiasm. The first physical fixture to reach the ground was an army hut, sawn in two, so as to be brought on a couple of trucks. And the Law School became a going concern”: Lucas, E.A., “Faculty of Law,” (1946) 4 The Advocate 7–12, 128, 166–67.Google Scholar See too the tribute to Curtis by Professor J.M. Maclntyre in (1971) 6 U.B.C. Law Review 108–10. Associate Professor Frederick Read of Manitoba was the other full-time member of the founding faculty.

²⁰⁰ It covered “principles of international law in the context of economic transactions. The first part will be concerned with public economic institutions and treaties with economic significance. The latter part will be devoted to an examination of the effects of these institutions, treaties and principles upon economic transactions.”

²⁰¹ For Chief Justice Laskin’s tribute to MacKenzie, see Proceedings of the Fourth Annual Conference of the Canadian Council on International Law 178 (Ottawa, 1976).

²⁰² Wheaton, Henry, Elements of International Law (Boston: Little, Brown & Co., 6th ed. by Lawrence, William B., 1855),Google Scholar with very extensive and illuminating “introductory remarks.” These remarks explain the unusual publishing history of this influential work, which, according to Reddie, “although not British, [was] indisputably the best of the kind in the English language.”

²⁰³ An observation by Professor Johnson, D.H.N., in his excellent study, “The English Tradition in International Law,” (1962) 11 Int’l & Comp. L.Q. 416, 439.CrossRefGoogle Scholar

²⁰⁴ Kent’s Commentary appeared in 1826 and Wheaton’s Elements in 1836. W. O. Manning’s Commentaries on the Law of Nations does not seem to have been used in Canada. In 1866 J. T. Abdy, the editor of Kent’s Commentary, wrote as follows: “The science of international law has never lacked able and eloquent exponents from the times of Ayala and Alberic Gentili down to our own. But it must be acknowledged that, among modern authors at all events, there are three whose learning and labour, as judges and writers, have shed glory over the legal literature of the United States, and have earned the singular distinction of being recognized as authorities on international law throughout Europe. I need scarcely say that I speak of the honoured names of Story, Wheaton, and Kent.” For stimulating discussion of the literature, see D. H. N. Johnson, supra note 203.

²⁰⁵ Lauterpacht, H., “The Grotian Tradition in International Law,” (1946) 23 Brit. Yb. Int’l L. 1–53.Google Scholar

²⁰⁶ For background information, see the splendid study by Brown, Robert Craig and Cook, Ramsay, Canada 1896–1921 : A Nation Transformed (Toronto: McClelland & Stewart Ltd., 1974).Google Scholar See too Creighton, Donald, Canada’s First Century 91 (Toronto: Macmillan Comp., 1970)Google Scholar: “Among Canadians there was never a greater sense of responsibility, a wider knowledge and stronger interest in world affairs, and, above all, a greater consciousness of their own energy, power and ambition.”

²⁰⁷ Glazebrook, G.P.de T., A History of Canadian External Relations, vol. 2, at 12 (Toronto: McClelland and Stewart for the Carleton Library; revised ed., 1966).CrossRefGoogle Scholar

²⁰⁸ There is a growing scholarly literature on the period. See, for example, Keenleyside, Hugh L. et al., The Growth of Canadian Policies in External Affairs (Durham: Duke University Press, 1960)Google Scholar; Veatch, Richard, Canada and the League of Nations (Toronto: University of Toronto Press, 1975)Google Scholar; Bothwell, Robert, “Canadian Representation at Washington,” (1972) 53 Canadian Historical Review 125 CrossRefGoogle Scholar; Granatstein, J.L. and Bothwell, Robert, “A Self-Evident National Duty: Canadian Foreign Policy 1935–1939,” Journal of Imperial and Commonwealth History, 1975, at 212 CrossRefGoogle Scholar; Neatby, H. Blair, William Lyon Mackenzie King, vol. 3, 1932–1939 (Toronto: University of Toronto Press, 1976).Google Scholar

²⁰⁹ Scott, James Brown, Cases on International Law Principally Selected from Decisions of English and American Courts (St. Paul: West Publishing Company, 1922)Google Scholar; Hudson, Manley O., Cases and Other Materials on International Law (St. Paul: West Publishing Company, 1929).Google Scholar

²¹⁰ For a superb summary of what the case method was, and has become, see Rheinstein, Max, “The Case Method of Legal Education: The First One Hundred Years,” in (1975) University of Chicago Law School Record 3–15.Google Scholar

²¹¹ Evans, Lawrence B., Leading Cases on International Law (Chicago: Callaghan and Co., 1917; 2nd ed., 1922).Google Scholar No other reference to this early collection of British and American judicial decisions appears on a Canadian syllabus.

²¹² The mood of the times — what it felt like to be a law professor in the 1930’s — is beautifully caught by John Willis in his reminiscences in Ansul (Dal-housie Law School forum), January 13, 1976, at 62–67.

²¹³ A note on developments at that time appears in Macdonald, R.St.J., “Meeting of Teachers of International Law,” (1964) 1 Canadian Legal Studies 103.Google Scholar

²¹⁴ It is appropriate to recall that many, admittedly not all, of the great international lawyers of the past — Wheaton, Lorimer, Oppenheim, Lauterpacht, Kelsen, Sereni, Dahm — enjoyed a familiarity with both the civil law and common law systems. These outstanding lawyers combined a conceptual and panoramic view of the principles and the classificatory ideas of the civil law with the analytical and procedural skills characteristic of the common lawyer in handling the richness of factual detail in the common law system. Canada’s pluralism and, more specifically, its bilingualism, provides an opportunity, not yet fully exploited, especially in a centralized teaching institution, for fruitful thinking and writing about international law within the framework of the two legal systems.

²¹⁵ See, for example, Thomas M. Franck in (1975) 31 Int’l J. 180; John Clay-don in (1975) 2 Dalhousie L.J. 533; D. M. McRae in (1974) 24 U. Toronto L.J. 457; A. C. Rice in (1976) 14 Alberta L. Rev. 344; R. R. Baxter in (1974) 12 Canadian Yearbook of International Law 366; and R. St. J. Macdonald, G. L. Morris, and D. M. Johnston in (1975) 25 U. Toronto L.J. 343.

²¹⁶ It is a pleasure to acknowledge once again the generous assistance of Professor D. Trevor Anderson (Manitoba), Professor Peter L. Freeman (Alberta), Dr. Marianne Scott (McGill), and Mrs. Carol Creighton (Toronto). Details about the Collège Ste. Marie (1851-1867) have now been published by Lortie, Léon, “The Early Teaching of Law in French Canada,” (1975) 2 Dalhousie L.J. 521.Google Scholar Arthurs’, H.W. stimulating essay, “Paradoxes of Canadian Legal Education,” (1976) 3 Google Scholar Dalhousie L.J. arrived after my manuscript had been completed. Additional information about the University of Toronto appears in Wright, C.A., “Legal Education: Past and Present,” in Macdonald, R.St.J. (ed.), Changing Legal Objectives 3–16 Google Scholar (U. of Toronto Press, 1963). I hope to cover the teaching of international law at the University of Sherbrooke and the University of New Brunswick at a later date. What is needed now is a history of ideas (attitudes, ideologies, and interests) in Canadian international law writings; and an account of the impact of major social and economic forces, inside as well as outside Canada, on the development of the country’s international law position. The latter is part of the social whole, the product of Canadian society, and the interaction between Canada’s aspirations and Canada’s “place” in the wider world community.