Grace and Wisdom: Patrick G. Kerwin, Chief Justice of Canada

Chief Justice Kerwin (1889 - 1963) studied law at Osgoode Hall in Toronto, was called to the bar of Ontario in 1911, became King’s Counsel in 1928, and became a Justice of the Supreme Court of Ontario in 1932. In 1935, he became a Justice of the Supreme Court of Canada, and in 1954 he became Chief Justice. 

From the start of his career, Patrick seemed un¬complicated, pleasant, and ambitious. Success, advancement, distinction and, finally, the highest laurel of the law all came to him. However, there was more to him than that.

In his many years in the courts, no one witnessed Patrick act rudely to counsel appearing before him nor was it ever known for him to lose his temper in court. It is wonderful to know that a man who acted with such decorum over the many years is still having his words heard through the judgments provided during his career.

Patrick Grandcourt Kerwin’s innate sense of fair play and justice permeated his work from the time he practised law in Guelph, to sitting on the bench of the Ontario High Court and Supreme Court of Canada. In his own life, he kept it simple and straightforward. As his daughter noted, “If you presented him with a good argument, he would weigh the issue on its own merits.”

During a speech he gave upon receiving an Honourary Doctorate of Laws at the University of Toronto in 1956, Patrick spoke of the past, the future and the notion of ‘goodness’. On that day (Address at the University of Toronto, May 25, 1956 1-2), he stated,

"Having been born and practised law in Ontario, it is particularly gratifying that such an academic distinction should come to me from this University, situate in the capital of the Province and exercising a profound influence not only in Ontario but throughout Canada... It is a far cry from the early days of this institution and its predecessor, from the days of Upper Canada and muddy York, and from the times of comparatively slow motion in the way of travel. Since then great strides have been taken in all fields of human endeavour and the sons and daughters of this, and other universities have taken a prominent part in the march of progress, — not only in practical and mundane things but also in research and in the sphere of ideas and ideals. This in truth is an exemplification of the principle set forth by Newman in his Idea of a University that "the good is always useful". Goodness for the individual and, therefore, for all mankind. As Canadians we are concerned with the meaning and effect of that quality, in Ontario, in the other Provinces and in the Territories. Its full force may be felt only if the rights of the individual as a human being be held in high regard and nothing be done, or suffered, to cast him from his pedestal. To put the matter no higher, each one who graduates from this University has a duty to himself, to his parents and relatives and to his professors to see to it that these rights are protected."

The extent of Patrick’s experience in the field of law brought to the fore for him this notion of goodness, that the individual was the most important aspect, as well as justice was best served when not delayed. His reputation was that of a fair and hard¬working man. He had worked long and was not far from retirement age. But Patrick Grandcourt Kerwin was never able to retire and enjoy a time of ease and reflection. He was never able to enjoy the ‘evening of life’; a time spent in relaxation, deliberation and relishing his grandchildren's achievements. As well, he was unable to have time to ponder a life well lived and a life of service to the public good.

 

Stephen McKenna is an author, musician and producer living in Ottawa, Ontario, Canada; his numerous interests include the arts, research and travel. This book is a tribute to his grandfather.