¹ The idea for this paper grew out of discussions with my friends, John P. Humphrey, Gerald L. Morris, and Douglas M. Johnston. The letters referred to herein are on file and are available for inspection in the Sir James Dunn Law Library at Dalhousie Law School. I recognize with pleasure the following friends and colleagues whose generous assistance and wise counsel made possible this initial attempt at conserving the story of our unfolding past, through which our processes of self-criticism and discovery may be further developed: D. Trevor Anderson; Margaret A. Banks; Jean-Charles Bonenfant; Alexander Brady; John Claydon; Maxwell Cohen; Carol Creighton; George F. Curtis; Claude Emanuelli; Eugene La Brie; Leon Lortie; N. A. M. MacKenzie; Howard McConnell; Donat A. Pharand; Horace E. Read; Marianne Scott; and Ivan A. Vlasic.

² For background information, see Surveyer, E.F., “Une Ecole de droit à Montréal avant Le Code civil,” (1920) 6 Revue trimestrielle canadienne 140 Google Scholar; Desjardins, P., Le Collége Sainte-Marie de Montreal. Montreal, 1940–1945, 2 volGoogle Scholar; Lahaise, Georges, “Centenaire de la Première Ecole de Droit établie au Canada,” (1951) 1 Themis 17 Google Scholar; and for an even earlier attempt at a law school in Montreal, see references in Riddell, W.R., “The First Law School in Canada,” (1932) 2 Bench and Bar 12.Google Scholar

³ Morel, André, “Maximilien Bibaud, fondateur de L’école de droit,” (1951) 1 Themis 8.Google Scholar

⁴ Bibaud, M., Commentaires sur les lois du Bas-Canada ou Conférences de l’école de droit liée au Collège des B.R. P.P. Jésuites, 1859–62, vol. 1, at 214–20.Google Scholar

⁵ Ibid., 40–53.

⁶ The Bar may have begun to question the quality of the school’s programme; Bibaud probably insisted on retaining full autonomy for his institution; the advent of confederation and the promulgation of the Civil Code may have had something to do with it; see further Bibaud, M., Notice historique sur l’enseignment du droit au Canada. Montreal: 1862 Google Scholar; Marechal, N., “L’Etude du droit et le barreau,” (1950) 10 R. du B. 97–121.Google Scholar

⁷ For a biographical note on Torrance, see Wallace, W. Stuart, The Dictionary of Canadian Biography 668 (2nd ed., Toronto: The Macmillan Comp., 1945)Google Scholar. Useful background information can be found in Cooper, John Irwin, “The Law Comes to McGill,” (1948) 30 The McGill News 6.Google Scholar

⁸ For biographical details on Kerr, a prominent counsel at the Lower Canada Bar, see Beullac, Pierre and Surveyer, E. Fabre (eds.), Le Centenaire du Barreau de Montreal 1849–1949, 96–103 (Montreal: Librairie Ducharme Ltée, 1949)Google Scholar; see too W. S. Wallace, op. cit., 320. In 1868 Kerr wrote a well researched pamphlet entitled “The Fishery Question or American Rights in Canadian Waters” (on file in the National Library, Ottawa) in which he alleged that “for a mess of pottage we consent to sell our birthright and allow our neighbors to reap the harvest placed by Providence at our doors.”

⁹ For a biographical note on Trenholm, see Le Centenaire du Barreau de Montreal, supra, 122.

¹⁰ For biographical details, see Morgan, Henry James, The Canadian Men and Women of the Time 626 (Toronto: William Briggs, 1912)Google Scholar; Who’s Who in Canada, 1928–29, at 65; and, Canadian Annual Review 1929–1930. For the tribute by Roger Brassard of the Montreal Bar, see Eugene Lafleur, (1933) 11 Can. Bar Rev. 367.

¹¹ Quoted by Sir Lyman Duff in, Eugene Lafleur: L’Homme et l’Avocat: The Man and the Lawyer 12 (Montreal: no date), a pamphlet that gathers together the addresses given at the unveiling of the bust of Lafleur in September 1934. See too A Man of Law’s Tale: The Reminiscences of the Rt. Hon. Lord Macmillan 324 (London: Macmillan & Co. 1953) where Lord Dunedin is quoted as adding that “… when you have the combination of a strong intellect with unwonted sweetness of character, you get a striking personality — that personality Mr. Lafleur was.”

¹² Letter from John P. Humphrey dated July 27, 1973. The volume referred to is Lafleur, Eugene, The Conflict of Laws in the Province of Quebec (Montreal: C. Theoret, 1898).Google Scholar

¹³ From 1921 until 1929 Lafleur served as a governor of the university and as emeritus professor of international law.

¹⁴ Ira Allen MacKay, B.A. (1897), M.A. (1898), LL.B. (1905) (Dal); Ph.D. (1901) (Cornell); called to the Bar in Nova Scotia in 1905, in Manitoba in 1906, taught the first course in international law in Saskatchewan in 1911, published a book on Canadian nationality in 1907, joined the McGill law faculty in 1921, and served as acting dean and dean of the Faculty of Arts at McGill from 1924 until 1934. For his ideas on legal education, see “The Education of a Lawyer,” (1940–42) 4 Alberta L.Q. 103–16.

¹⁵ He retired in 1946. Smith also lectured at the Royal Naval College, Greenwich, from 1935 to 1939. He was again on military service from 1939 to 1945 finishing up with the rank of Colonel on the General Staff of 21 Army Group. His main interest was the law of the sea, particularly in time of war. A biographical note appears in Recueil des Cours, 1938, vol. 63, at 607.

¹⁶ Smith was a prolific writer. In addition to the works noted above he wrote: “The Chicago Diversion,” (1930) 8 Can. Bar Rev. 330–44; “Judicial Control of Legislation in the British Empire,” (1925) 34 Yale L.J. 277–87; “The Residue of Power in Canada,” (1926) 4 Can. Bar Rev. 432–40; “The Supreme Court and the League of Nations,” (1920) 20 Columbia L.R. 68-73; “The Nature of Our Constitutional Law,” (1920) 36 Law Q.R. 14052; and, “The Legislative Competence of the Dominions,” (1927) 43 L.Q.R. 378. In 1922 he edited the fourth edition of Underhill on Trusts. The citation for the important article on interpretation is (1927) 9 Jo. Comparative Legislation (third series), 153–65.

¹⁷ (1921) 41 Canadian Law Times 27–33.

¹⁸ Ibid., 28.

¹⁹ Smith “was among the first commentators in Canada to point out that the trend in Privy Council interpretations of the B.N.A. Act …had been towards a type of constitution quite different from that which the Fathers of Confederation had clearly intended”: F. R. Scott, “Our Changing Constitution,” Proceedings of the Royal Society of Canada, vol. LV, series III, June 1961. Scott recalls Smith as “the most exciting teacher that we had.”

²⁰ “His interest in international law was quickened by his friendship with Corbett and a good deal of political involvement and optimism in the new world order which the institutions of the League might embody”: letter from his daughter dated March 10, 1972, at 1. Smith’s numerous publications after his departure from McGill include: The Economic Uses of International Rivers (1931); Great Britain and the Law of Nations: A Selection of Documents Illustrating the View of the Government in the United Kingdom upon Matters of International Law (1933–35); Le développement moderne des lois de la guerre maritime (1938); The Crisis of the Law of Nations (1947); and, The Law and Custom of the Sea (1948). While at the University of London he supervised G. Schwarzenberger.

²¹ Corbett started his formal academic career as a student of Erasmus. The translation of Institutio Principis in 1922 was his first published book.

²² Corbett also wrote: “Fundamentals of a New Law of Nations,” (1935) 1 U. Toronto L.J. 3–17; “Sanctions; Abyssinia and After,” (1936) 5 U. Toronto Quarterly 482–98; “The Work and Influence of Francois Geny,” (1937) 15 Can. Bar Rev. 1-10; “The Status of the British Commonwealth in International Law,” (1940) 3 U. Toronto L.J. 348–60.

²³ For a tribute by a distinguished former student (“I have never sat under a better teacher”), see Arnold Heeney, The Things That Are Caesar’s 15 (University of Toronto Press, 1972).

²⁴ F. R. Scott believes that Corbett left Canada because he felt the need for a larger environment in which to maximize his intellectual development.

²⁵ Letter from John P. Humphrey dated January 12, 1972, at 1.

²⁶ Humphrey’s extensive publications include the following: The Inter-American System: A Canadian View (Toronto: MacMillan Co., 1942); The Functions of Government and the Nature of Laws (McGill University, 1945); “On the Definition and Nature of Laws,” (1945) 8 Modern Law Review 194-204; “On the Foundations of International Law,” (1945) 39 Am. J. Int’l L. 231-44; “Les Fonctions Gouvernementales dans la Société Internationale,” (1946) 16 Rev. de L’Univ. d’Ottawa 172-86; “The Theory of the Separation of Functions,” (1946 6 U. of Toronto L.J. 331-61; “The International Protection of Human Rights,” (1948) 255 Annals of the American Academy of Political and Social Sciences 15; “The Universal Declaration of Human Rights,” (1949) 4 International Journal 351; “The United Nations and Human Rights,” (1963) 23 Behind the Headlines; “The United Nations and Human Rights,” (1965) 11 Howard L.J. 373–79; “The U.N. Charter and the Universal Declaration of Human Rights,” in Luard (ed.), The International Protection of Human Rights, c. 3 (1967); “The U.N. Sub-Commission on the Prevention of Discrimination and the Protection of Minorities,” (1968) 62 Am. J. Int’l L. 869-89; “Human Rights and Authority,” (1970) 20 U. Tor. L.J. 412; “The International Law of Human Rights in the Middle Twentieth Century,” in Maarten Bos (ed.), The Present State of International Law and Other Essays 75–107 (1973); and, reports on human rights to the I.L.A.: fifty-third report, 1968; fifty-fifth report, 1972.

²⁷ Letter from Maxwell Cohen dated July 3, 1973, at 4.

²⁸ Cohen’s impressive publications include the following: “Espionage and Immunity: Some Recent Problems and Developments,” (1948) 25 Brit. Y.B. Int’l L. 404; “The United States and the United Nations Secretariat: A Preliminary Appraisal,” (1953) 1 McGill Law Journal 171; “The United Nations Secretariat: Some Constitutional and Administrative Developments,” (1955) 49 Am. J. Int’l L. 295-319; “Some International Law Problems of Interest to Canada and to Canadian Lawyers,” (1955) 33 Can. Bar Rev. 389; “Some Main Directions of International Law: A Canadian Perspective,” (1963) I Canadian Yearbook of International Law 15–39; “International Law and Canadian Practice,” in McWhinney (ed), Canadian Jurisprudence 316 (1958); “Some Legal and Policy Aspects of the Columbia River Dispute,” (1958) 36 Can. Bar Rev. 25–41; “The U.N. Emergency Force: A Preliminary View,” (1957) 12 Int’l J. 109; “The Demise of UNEF,“ (1967–68) 23 Int’l J. 18–51; “Secrecy in Law and Policy: The Canadian Experience and International Relations,” in Edward Weisband and Thomas M. Franck (eds.), Secrecy and Foreign Policy 355–76; ( 1974); “Canada and the International Legal Order: An Inside Perspective,” in Macdonald, Morris and Johnston (eds.), Canadian Perspectives in International Law and Organization 1–32 (1974); “Canada and the United States: Possibilities for the Future,” (1973) 12 Colum. J. of Transnat’l L. 196; “The Condition of Legal Education in Canada,” (1950) 28 Can. Bar Rev. 267–314; “Objectives and Methods of Legal Education,” (1954) 32 Can. Bar Rev. 762–69; “Lawyers and Learning: The Professional and Intellectual Traditions,” (1961) 7 McGill L.J. l81.

²⁹ The Institute of Air and Space Law: A Brief History and Bibliography, 1951–1970, at 6 (Montreal: McGill University, 1970). See too Rose-vear, A. B., McGill’s Institute of Air and Space Law,” (1962) 14 U. Toronto L.J. 257,CrossRefGoogle Scholar reviewing the Institute’s first ten years; and, Pratt, Geoffrey N., “The Institute of Air and Space Law, McGill University,” (1964) 1 Canadian Legal Studies 22.Google Scholar

³⁰ Vlasic has also edited Explorations in Aerospace Law: Selected Essays by J. C. Cooper (Montreal: McGill U.P. 1968).

³¹ For details of Morin’s extraordinarily active political career see The Macmillan Dictionary of Canadian Biography 527.

³² For background information, see Pratte, Yves, “The Faculty of Law at Laval University,” (1965) 16 U. Tor. L.J. 175.CrossRefGoogle Scholar

³³ Due to a lack of staff, the school found it necessary to suspend the teaching of several courses listed in its early calendars. Roman Law and Civil Law appear to have been the only subjects taught in the Faculty during the early years.

³⁴ Biographical details about Routhier, “believed to be the most polished public speaker in French Canada,” can be found in: The Canadian Men and Women of the Time: A Handbook of Canadian Biography of Living Characters 977 (2nd ed., Toronto: William Briggs); Histoire de la littérature canadienne par Edward Tourneau, (Montreal: John Lovell, 1874); and in Wallace, W.S., The Dictionary of Canadian Biography 579 (2nd ed. Toronto, 1945 ).Google Scholar For the eulogy of Routhier by Judge Adjutor Rivard, see Annuaire de l’Université Laval pour l’annee académique 1921–1923, 254–55, which states that Routhier lectured in “droit international chretien.”

³⁵ His syallabus is set out in Annuaire de l’université Laval pour l’année académique 1929–30, 229-30. Rivard, known as a linguist and a writer, was the author of De la liberté de la presse (1923). Biographical details appear in The Macmillan Dictionary of Canadian Biography 632.

³⁶ According to MacKenzie’s note in (1932) 10 Can. Bar Rev. 51g, the course was compulsory and was taken by fifty-five students.

³⁷ A biographical note on Rivard appears in Biographies canadiennes — fran-cabes, vol. 8, 1928–29, at 388.

³⁸ Dufour’s departure in 1972 for full-time service with the government of Quebec was a serious loss to the ranks of the international law professoriate in Canada.

³⁹ From 1878–90, the list of professors on the staff of the University of Montreal, the list of courses scheduled for each year, and the timetables are to be found in the calendars of Laval University in Quebec City. From 1890–1920, only the names of the professors teaching at the University of Montreal are listed in the calendars of Laval University. The calendars of the University of Montreal, dating from 1920, are to be found in the university archives in Montreal. The Faculty of Law in Montreal was constituted as a “corporation civile” in 1892 and was autonomous until 1920 when it merged with the University of Montreal: see Nantel, , “L’etude du droit et le barreau,” (1950) 10 R. du Barreau 97,Google Scholar 102 and 107. For background information on the university generally, see Maurault, Oliver, L’Université de Montreal 14–17. (Montreal: Les Editions des Dix. 1952).Google Scholar

⁴⁰ For biographical details on Cherrier, see Le Centenaire du Barreau de Montreal 37–45; and, Wallace, W.S. (ed.), The Macmillan Dictionary of Canadian Biography 134–35. (Toronto: Macmillan, 1963).Google Scholar There is a eulogy of Cherrier, a pillar of strength in the community, by his successor as dean, P.J.O. Chauveau, in Annuaire de l’Université Laval, 1886–87, 66–68. When appointed as the first dean of law at University of Montreal, it was understood that because of his old age he would not teach.

⁴¹ See L’Honorable J. A. Chapleau, sa biographie, suive de ses princepaux discours (Montreal: Eusèbe Senécal et Fils, Imprimeurs — Éditeurs, 1887). This work contains general information but only fleeting references to Chap-leau’s interest in international law. The reference to his teaching in the Laval Annuaire, 1897–98 is that he was better known as a political figure than for his brief teaching career.

⁴² Descendant of an old Quebec family, Gervais (1864-1915) graduated LL.B. from Laval in 1887 “avec grande distinction,” attended presumably as a “rounding-off” year, the Albany Law School, and became one of the leaders (batonnier and batonnier-general) of the Quebec Bar. He was a leader in education in Quebec during the first decade of this century, an outstanding teacher and deeply interested in university affairs. For biographical details, see Morgan, H.J. (ed.), The Canadian Men and Women of the Time 442 (Toronto: Wm. Briggs, 1912).Google Scholar

⁴³ On this point my research is at variance with MacKenzie’s note in (1932) 10 Can. Bar. Rev. 519–24. MacKenzie indicates fifty lectures every two years to two hundred students. The article records that Lemieux lectured in other subjects as well, that the texts used were by standard authors, and that, although there were no graduate students in the subject, a course was offered at the graduate level.

⁴⁴ In the general election of 1917 he ran in both Maisonneuve and Gaspé and was elected in both constituencies. Lemieux was special envoy to Japan on the question of Japanese immigration to Canada; a special representative of Canada on several occasions; and author of two books, De la contrainte par Corps (1896), and Les Origines du Droit Franco-Canadian (1900). In 1928 he found time to give a series of lectures at the Sorbonne on the political evolution of Canada. Though a notable personality he was not a scholar of international law. However, he was a very popular lecturer; his classroom was always crowded and the students frequently broke into applause and cheering. For biographical details, see Morgan, Henry J. (ed.), The Canadian Men and Women of the Time 650–51; (Toronto: Wm. Briggs, 1912)Google Scholar; Wallace, W.S. (ed.), The Macmillan Dictionary of Canadian Biography 407 (Toronto: Macmillan, 1963)Google Scholar; Jeune, L. Le, Dictionnaire général de biographie …du Canada 137 (Ottawa: Université d’Ottawa, 1931)Google Scholar; Johnson, J.K. (ed.), The Canadian Directory of Parliament, 1867–1967, at 333 (Ottawa: Public Archives of Canada, 1968).Google Scholar

⁴⁵ Mackay was also a part-time professor of civil law and public law at the École des Hautes Études commerciales. In 1926 he became the first holder of the new chair of comparative legislation at the University of Montreal. A biographical note appears in (1954-55) 57 Revue du Notariat 656–57; and in Biographies canadiennes-françaises, vol. 9, 1930–1931, at 167. I have found no writings on international law.

⁴⁶ “As much as I can remember, I was giving only twenty lessons and my course was quite elementary. It was based upon the text books of the most modern authors from France and from the English speaking world. I insisted upon citing some jurisprudence which was not done when I was a law student. The professors at that time were Justice Gervais and Senator Rodolphe Lemieux. They were two brilliant orators and their lectures were quite appreciated”: letter from Senator L. M. Gouin dated March 15, 1972. For biographical details about Gouin, who wrote four books on commercial and industrial law, practised law in Montreal, served as acting dean of the faculty of social, economic, and political sciences, and was summoned to the Senate in 1940, see Johnson, J.K. (ed.), The Canadian Directory of Parliament 239 (Ottawa: Public Archives of Canada, 1968).Google Scholar

⁴⁷ From the early forties, “we had a compulsory course in air law where there was a fairly substantial amount of public international law. Air law became optional a couple of years ago”: letter from Mr. Justice Jean Beetz, formerly dean of law at Montreal, dated March 8, 1972.

⁴⁸ Professor Vincke, a Belgian, earned a licence en droit from Louvain and an LL.M. from the University of Montreal. Professor Rigaldies, from France, holds a licence en droit public and diplôme d’études supérieures from Bordeaux, and an LL.M. from the University of Montreal.

⁴⁹ In 1971 Professor Rigaldies conducted a student survey on the importance of international law in the law school and the results indicated an increasing interest in the subject.

⁵⁰ The law school of the University of Sherbrooke was founded in 1954 and a compulsory course in international law, based mainly on European literature, has been given at least since 1957; for background information, see Crépeau, R., “La Faculté de droit de l’Université de Sherbrooke,” (1963–64) 15 U. Toronto L.J. 432.Google Scholar

⁵¹ For background information on the law school, see Russell, Benjamin, Autobiography 136 (Halifax: The Royal Print and Litho Ltd. 1932)Google Scholar; and, Read, Horace E., “Aims and Practices of University Education in the Faculty of Law at Dalhousie,” (1964) 1 Canadian Legal Studies 3–16.Google Scholar For information on the university, see Harvey, D.C., An Introduction to the History of Dalhousie University (Halifax: McCurdy Printing Co., 1938)Google Scholar; “Dalhousie University Established,” (1938–39) 18 The Dalhousie Review 50–67 (a good short introduction); articles by V. P. Kelleher and W. C. Murray, ibid., 197–205, 426–35; and, Healy, Denis, “The University of Halifax,” (1973), 53 The Dalhousie Review 39–57.Google Scholar For information on higher education in the Atlantic region, see MacNutt, W.S., “The Universities of the Maritimes: A Glance Backward,” (1973) 53 The Dalhousie Review 432–49.Google Scholar A comprehensive history of Dalhousie Law School is being prepared by Horace E. Read.

⁵² “A Conversation with Dean [John E.] Read,” The Ansul, Dalhousie Law School Forum, May 1974, vol. 6, no. 2, at 1.

⁵³ Benjamin Russell, op. cit. supra note 51, at 79. Russell was a long-time member of the faculty and a personal friend of Weldon’s. See too the appreciation by A. Stanley MacKenzie, Dalhousie University Bulletin, Weldon Memorai Number. Halifax, 1928, at 8–11; reprinted in The Ansul, Dalhousie Law School Forum, April 1974, vol. 5, no. 4, at 1.

⁵⁴ Johann Kaspar Bluntschli (1808-81) succeeded Robert von Mohl as professor of constitutional and international law at Heidelberg in 1861. He was a member of the First Chamber of Baden, co-founder of the Institut de Droit International, Geneva, author of a civil code for Zurich, an anti-positivist and a leading scholar of the theory of the state in the early period of constitutionalism. Bluntschli’s main work was The Modern Law of Nations (3rd ed., 1868–78).

⁵⁵ In 1883 George Munro, a Pictonian who had gained wealth as a publisher in New York, endowed a chair in constitutional and international law to which he nominated Richard Chapman Weldon.

⁵⁶ Between 1880 and 1914 Canadian-American relations were marked by a series of contentious issues: the North Atlantic fisheries; the fur fisheries of the north east Pacific; the Alaska boundary; and the commercial protectionism of the United States. See further Tansill, C. C., Canadian-American Relations, 1875–1911 (Toronto: The Ryerson Press, 1943)Google Scholar; Shippee, L. B., Canadian American Relations, 1849–1874 (Toronto: The Ryerson Press. 1939).Google Scholar As Borden was later to remark during the reciprocity campaign, “we must decide whether a spirit of Canadianism or of Continentalism is to prevail on the northern half of this continent”: Creighton, D. G., Dominion of the North 435 (Boston: Houghton Mifflen Co., 1944)Google Scholar. See too Brown, R.C., Canada’s National Policy 1888–1900 (Princeton U.P. 1965)Google Scholar; and Norman Penlington, The Alaska Boundary Dispute: A Critical Reappraisal (Toronto: McGraw-Hill Ryerson Ltd. 1972).

⁵⁷ The Inaugural Addresses delivered at the Opening of the Law School in Connection with Dalhousie University at the Beginning of the First Term in 1883, 52–53 (Halifax: Nova Scotia Printing Company, 1884).

⁵⁸ Premier Angus L. Macdonald as cited by Corbett, E.A., Sidney Earle Smith 13 (Toronto: University of Toronto Press. 1961).CrossRefGoogle Scholar

⁵⁹ For further biographical information on Weldson, see Dalhousie University Bulletin, Weldon Memorial Number, Halifax, 1928. Prime Minister R. B. Bennett took the initiative in establishing the Weldon Chair of Law.

⁶⁰ Stowell, Ellery C. and Munro, Henry F., International Cases. Arbitrations and Incidents illustrative of International Law as practised by Independent States (Boston: Houghton Mifflin Comp. 1916, a vols).Google Scholar

⁶¹ Seary, V.P., “In Remembrance of a Man,” Journal of Education, Spring, 1974, at 13.Google Scholar

⁶² Letter from R. A. MacKay dated July 18, 1973.

⁶³ Brief biographical details appear in Who’s Who in Canada, 1947–48 1400. For moving tributes to his fine work in education in Nova Scotia, see Journal of Education, Spring, 1974, at 1–15.

⁶⁴ John Read had a remarkable group of students: Angus L. Macdonald; Vincent C. MacDonald; Norman Rogers; Sidney Smith; and N. A. M. MacKenzie. For the writer’s tribute to Read on the occasion of the award to him of the first John E. Read Medal for distinguished achievement in international law, see Proceedings of the Canadian Council on International Law, October 1972, at 194.

⁶⁵ Particularly noteworthy are the following: “The International Joint Commission between the United States and Canada,” (1928) 22 Am. J. Int’l L. Q92–318; “Changes in the Legal Structure of the British Commonwealth of Nations,” (1931) 272 Int’l Council 509–87; “The Problem of a Commonwealth Tribunal,” (1932) 10 Can. Bar Rev. 338–48; “Canada Goes Abroad,” (1940–1941) 30 Yale Review 109–26; “Canada and the Balance of World Power,” (1941) 7 Can. J. Econ. & Pol. Sci. 229–43.

⁶⁶ Letter from George F. Curtis dated January 27, 1972.

⁶⁷ On this point, see John E. Read, “Fifty Years of Legal Education at Dalhousie,” (1933) li Can. Bar Rev. 392.

⁶⁸ The first course in international law at the University of New Brunswick Law School was given by G. V. LaForest in 1959. He taught the subject on a mandatory basis until 1964, when it became optional. In 1969 A. I. Bulbubia replaced LaForest; in 1972 W. G. Webster replaced Bulbubia; and in 1974 Claude Emanuelli took on the teaching of the basic course and of a seminar on institutions. For historical background, see McAllister, G.A., “Some Phases of Legal Education in New Brunswick,” (1955) 8 U.N.B. Law Journal 33–51.Google Scholar

⁶⁹ “They were obliged to depend upon their own study and what knowledge they could pick up from their principals”: “A History of Legal Education in Ontario,” in The Law Society of Upper Canada Gazette Commemorative Issue, vol. 6, 1972, at 32, 40. I have relied heavily on this source, which is at variance somewhat with the account by G. A. Johnston at p. 4 of the same volume. The major references are collected in Bucknell, Baldwin, and Lakin, “Pedants, Practitioners and Prophets: Legal Education at Osgoode Hall to 1957,” (1968) 6 Osgoode Hall L.J. 139-230. See too Laskin, Bora, The British Tradition in Canadian Law 68–106 (London: Stevens & Sons, 1969).Google Scholar

⁷⁰ The Law Society of Upper Canada Gazette Commemorative Issue, vol. 6, 1972, at 43.

⁷¹ Ibid., 44, citing Bucknell, Baldwin and Lakin, supra.

⁷² They decided instead on more practical training. Writing in The Canadian Bar Review in 1924, Mr. Shirley Denison, a respected practitioner and part-time lecturer at the school, observed that the institution “has not been held in much esteem. People are not proud of attending or graduating from it”: Denison, J. Shirley, “Legal Education in Ontario,” (1924) 2 Can. Bar Rev. 85.Google Scholar

⁷³ See Arthurs, H.W., “The Affiliation of Osgoode Hall Law School with York University,” (1967) 17 U. Toronto L.J. 194.CrossRefGoogle Scholar

⁷⁴ It was only in 1945 that taxation, labour law, and administrative law were added to the curriculum. However, as early as 1875 Savigny’s Private International Law (Guthrie ed.) was included on the law school reading list.

⁷⁵ The course description appears in the calendar of 1956–57 at 27.

⁷⁶ For description of the early programme at Osgoode Hall, see Castel, J-G., “Public International Law and Comparative Law at Osgoode Hall,” (1961) 14 U. Toronto L.J. 108 CrossRefGoogle Scholar; and for the situation during the transitional era, see ’Leal, H. Allan, “Osgoode Hall Law School — Today and Tomorrow,” (1957–58) 12 U. Toronto L.J. 285.CrossRefGoogle Scholar

⁷⁷ The historical background is not without its difficulties; however, a good brief history of the faculty, written by Cecil A. Wright, appears in the Faculty of Law Calendar of 1961-62, at 9–12.

⁷⁸ Reddie, James, Inquiries In International Law (Edinburgh and London: William Blackwood, 1842, 220 pp.).Google Scholar This little book by a Scottish advocate traces the origin, growth, and development of international law and reviews historically “the more recent classifications of its component parts.”

⁷⁹ “From the very beginning of the course in Political Science, in the Faculty of Arts, established by W. J. Ashley, continued by James Mavor, reorganized by R. D. Maclver, law was not merely included, it was in the early days dominant and in the later period specially provided for. In 1910, in the third and fourth years of this course, out of fourteen required courses, eight were in law”: undated letter from Vincent W. Bladen, formerly Dean of Arts at Toronto, received January 7, 1974.

⁸⁰ Letter from Alexander Brady dated March 23, 1972, at 1.

⁸¹ The succession of teachers was: David Mills, with whom I deal below, McGregor Young, J. D. Falconbridge, and, in 1935-26, W. H. A. Foster, a practising member of the profession.

⁸² Canada and The Law of Nations, edited by Norman Mackenzie and Lionel H. Laing. Foreword by Sir Robert Borden. Introduction by James Brown Scott (Toronto: The Ryerson Press. 1938). The project was supported by the Carnegie Endowment for International Peace. Mr. Laing, a Canadian graduate student at Harvard, went on to professorial positions in political science at William & Mary and at the University of Michigan. For pithy reviews of this collection and of the problem of a “national” casebook, see 32 Am. J. Int’l L. 624 (L. H. Woolsey) and 27 Calif. L.Rev. 100 (L. Reno) pointing out that while successful, as an exploratory attempt, the volume was unbalanced because Canada was still a relatively young international person; and for crisp, fresh comments, see John Willis, ( 1940) 3 U. Toronto L.J. 459.

⁸³ His periodical writings include: “The Nature, Place and Function of International Law,” (1939-40) 3 U. Toronto L.J. 114; “Canada: The Treaty Making Power,” (1937) 18 Brit. Y.B. Int’l L. 172; “Canada and The Treaty-Making Power,” (1937) 15 Can. Bar Rev. 436; “The St. Lawrence Deep Waterway,” (1938) 16 Int’l Aff. 146; and “American Contributions to International Law,” 33 Proa, Am. Soc. Int’l L. 104.

⁸⁴ Letter from Eugene LaBrie dated June 8, 1972.

⁸⁵ Letter from Francis Vallat dated March 28, 1974, at 2.

⁸⁶ Letter from Moffatt Hancock dated May 9, 1972, at 1, 2.

⁸⁷ Letter from Francis Vallat dated March 28, 1974, at 1.

⁸⁸ Letter from Moffatt Hancock dated May 9, 1972, at 4. MacKenzie says of himself that “Most of my life and career have been given over to organizing and promoting rather than scholarship and writing, though I have written a good deal, mainly notes and articles”: letter from N. A. M. MacKenzie dated June 8, 1972, at 4.

⁸⁹ “w. P. M. Kennedy was a great character. Both as a writer and a teacher he was forceful, clear and inspiring. I owe a great deal of such success as I have had with law to his insistence on hard work as the basis of progress in a legal career. I remember very well sitting in one of his classes in the early stages of our course. We were a pretty bright class but this meant nothing to W.P.M. He thought that we were bone lazy and told us that we were so dull that he could hear the rust in our brains scraping as we tried to think. This seemed pretty harsh at the time but in the end it produced a keenness of a sense of the need for hard work which otherwise might never have developed”: letter from Francis Vallat dated March 28, 1974, at 1. Kennedy’s conception of the law course can be seen in his article “Law As A Social Science,” (1934) The Scots Law Times 165. For F. E. LaBrie’s appreciation of Kennedy, see (1963-64) 15 U. Toronto L.J. 255; and for Bora Laskin’s tribute, see (1959) 13 U. Toronto L.J. 73.

⁹⁰ I am unable to establish with certainty whether Wolfgang Friedmann taught international law at the University of Toronto. He certainly taught comparative law, jurisprudence, and anti-trust law; but whether he did international law, with which he was to become identified at Columbia, remains unclear. For recent tributes to Friedmann, see the remarks of Gerald L. Morris in Proceedings of the First Annual Conference of the Canadian Council on International Law, 1972, at 10; and Resolution of the Council of the Faculty of Law at Dalhousie dated September 22, 1972.

⁹¹ For an appreciation of Wright by two of his closest colleagues, see Abel, Albert S., “Caesar Wright As I Knew Him,” (1972) 9 The Advocate (University of Toronto Law Faculty) 23–25 Google Scholar; Laskin, Bora, “Cecil A. Wright: A Tribute,” (1967) 45 Can. Bar Rev. 215.Google Scholar; 17 U. Toronto L.J. 247.

⁹² Letter from Edward McWhinney dated December 3, 1973, at 3.

⁹³ Letter from Edward McWhinney dated December 12, 1973, at 1.

⁹⁴ A few of McWhinney’s writings on Soviet international law can be found in the following: Peaceful Coexistence and Soviet-Western International Law 1964); International Law and World Revolution (1967); Conflit ideologique et Ordre public mondial (1970); and, “Ideological Conflict and The Special Soviet Approach to International Law,” ( 1971 ) 3 U. Toledo L.R. 215.