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{{Infobox Officeholder
{{Infobox officeholder
| name = Roland Ritchie
| honorific-prefix = The Hon.
| name = Roland Almon Ritchie
| image =
| imagesize =
| honorific-suffix =
| office = [[Puisne Justice]] of the [[Supreme Court of Canada]]
| image =
| imagesize =
| predecessor = [[Ivan Rand]]
| office = [[Puisne Justice]] of the [[Supreme Court of Canada]]
| successor = [[Gérard La Forest]]
| predecessor = [[Ivan Rand]]
| term_start = May 5, 1959
| successor = [[Gérard La Forest]]
| term_end = October 31, 1984
| term_start = May 5, 1959
| appointer =
| term_end = October 31, 1984
| nominator = [[John Diefenbaker]]
| appointer =
| birth_date = {{birth date|1910|06|19}}
| nominator = [[John Diefenbaker]]
| birth_place = [[City of Halifax|Halifax]], [[Nova Scotia]]
| birth_date = {{birth date|1910|06|19}}
| death_date = {{death date and age|1988|06|05|1910|06|19}}
| birth_place = [[City of Halifax|Halifax]], [[Nova Scotia]]
| death_place = [[Ottawa]], [[Ontario]]
| nationality =
| death_date = {{death date and age|1988|06|05|1910|06|19}}
| death_place = [[Ottawa]], [[Ontario]]
| spouse =
| nationality =
| party =
| spouse =
| relations =
| party =
| children =
| relations =
| residence =
| alma_mater = [[University of King's College]], Halifax<br/> [[Pembroke College, Oxford|Pembroke College]], [[Oxford University|Oxford]]
| children =
| residence =
| occupation =
| profession = Lawyer
| alma_mater = [[University of King's College]], Halifax<br/> [[Pembroke College, Oxford|Pembroke College]], [[Oxford University|Oxford]]
| occupation =
| signature = <!--Military service-->
| profession = Lawyer
| nickname =
| religion = Anglican
| allegiance = [[Canadian Army]]
| signature =
| branch = [[Royal Canadian Artillery]]
| serviceyears =

| rank = [[Captain (armed forces)|Captain]]
<!--Military service-->
|nickname =
| unit =
|allegiance = [[Canadian Army]]
| commands =
|branch = [[Royal Canadian Artillery]]
| battles =
|serviceyears =
| awards =
| honorific_prefix = [[The Honourable]]
|rank = [[Captain (armed forces)|Captain]]
|unit =
| honorific_suffix = CC
|commands =
|battles =
|awards =
}}
}}
'''Roland Almon Ritchie''', {{Post-nominals|country=CAN|CC}} (June 19, 1910 &ndash; June 5, 1988) was a [[Canada|Canadian]] [[lawyer]] and [[puisne justice]] of the [[Supreme Court of Canada]].
'''Roland Almon Ritchie''', {{Post-nominals|country=CAN|CC}} (June 19, 1910 &ndash; June 5, 1988) was a [[Canadians|Canadian]] [[lawyer]] and [[puisne justice]] of the [[Supreme Court of Canada]].


==Early life and family==
==Early life and family==
Born in [[City of Halifax|Halifax]], [[Nova Scotia]], the son of William Bruce Almon Ritchie and Lillian Stewart,<ref name="scc bio">[http://www.scc-csc.gc.ca/court-cour/judges-juges/bio-eng.aspx?id=roland-almon-ritchie Supreme Court of Canada Biography: Roland Ritchie]</ref> Ritchie was a scion of prominent families — the Almons, Ritchies, and Stewarts were all major families in Nova Scotia. Ritchie's great-uncle, [[William Johnstone Ritchie|Sir William Johnstone Ritchie]], had also been on the Supreme Court, serving as a puisne justice and then as the second [[Chief Justice of Canada]].<ref>[http://www.biographi.ca/en/bio/ritchie_william_bruce_almon_14E.html ''Dictionary of Canadian Biography'': Ritchie, William Bruce Almon]</ref> His brother, [[Charles Ritchie (diplomat)|Charles Ritchie]] was an important Canadian diplomat and diarist.
Born in [[City of Halifax|Halifax]], [[Nova Scotia]], the son of William Bruce Almon Ritchie and Lillian Stewart,<ref name="scc bio">{{Cite web |url=http://www.scc-csc.gc.ca/court-cour/judges-juges/bio-eng.aspx?id=roland-almon-ritchie |title=Supreme Court of Canada Biography: Roland Ritchie |access-date=2014-08-02 |archive-url=https://web.archive.org/web/20140806001358/http://www.scc-csc.gc.ca/court-cour/judges-juges/bio-eng.aspx?id=roland-almon-ritchie |archive-date=2014-08-06 |url-status=dead }}</ref> Ritchie was a scion of prominent families — the Almons, Ritchies, and Stewarts were all major families in Nova Scotia. Ritchie's great-uncle, [[William Johnstone Ritchie|Sir William Johnstone Ritchie]], had also been on the Supreme Court, serving as a puisne justice and then as the second [[Chief Justice of Canada]].<ref>[http://www.biographi.ca/en/bio/ritchie_william_bruce_almon_14E.html ''Dictionary of Canadian Biography'': Ritchie, William Bruce Almon]</ref> His brother, [[Charles Ritchie (diplomat)|Charles Ritchie]] was an important Canadian diplomat and diarist.


==Education==
==Education==
Ritchie received a [[Bachelor of Arts]] degree from the [[University of King's College]], Halifax, in 1930. He then received a [[Rhodes scholarship]] and read law at [[Pembroke College, Oxford|Pembroke College]], [[Oxford University]], receiving an additional Bachelor of Arts degree, in law, in 1932.
Ritchie received a [[Bachelor of Arts]] degree from the [[University of King's College]], Halifax, in 1930. He then received a [[Rhodes scholarship]] and read law at [[Pembroke College, Oxford|Pembroke College]], [[Oxford University]], receiving an additional Bachelor of Arts degree, in law, in 1932.


==Military career==
==Military career==
Ritchie was called to the [[Nova Scotia Barristers' Society|Nova Scotia Bar]] in 1934, but his law practice was interrupted by [[World War II]]. He joined the [[Royal Canadian Artillery]],<ref name="illness">"[http://news.google.com/newspapers?nid=1946&dat=19841102&id=C0UwAAAAIBAJ&sjid=paUFAAAAIBAJ&pg=6451,508938 Illness forces Ritchie to retire from Supreme Court]," ''Montreal Gazette'', November 2, 1984.</ref> and eventually served as Assistant Deputy Judge Advocate with the [[3rd Canadian Division|Third Canadian Division]] from 1941 to 1944.<ref name="scc bio" />
Ritchie was called to the [[Nova Scotia Barristers' Society|Nova Scotia Bar]] in 1934, but his law practice was interrupted by [[World War II]]. He joined the [[Royal Canadian Artillery]],<ref name="illness">"[https://news.google.com/newspapers?nid=1946&dat=19841102&id=C0UwAAAAIBAJ&sjid=paUFAAAAIBAJ&pg=6451,508938 Illness forces Ritchie to retire from Supreme Court]," ''Montreal Gazette'', November 2, 1984.</ref> and eventually served as Assistant Deputy Judge Advocate with the [[3rd Canadian Division|Third Canadian Division]] from 1941 to 1944.<ref name="scc bio" />


==Legal career==
==Legal career==
After the war he helped found the law firm, Daley, Phinney & Ritchie. He was a lecturer on insurance law at [[Dalhousie University]], and acted as counsel to the royal commission on the terms of Newfoundland's union with Canada in 1949.<ref name="scc bio" />
After the war he helped found the law firm, Daley, Phinney & Ritchie. He was a lecturer on insurance law at [[Dalhousie University]], and acted as counsel to the royal commission on the terms of [[Dominion of Newfoundland|Newfoundland]]'s union with [[Canada]] in 1949.<ref name="scc bio" />


==Supreme Court of Canada==
==Supreme Court of Canada==
In 1959, without any previous judicial experience, Ritchie was appointed by the Diefenbaker government to replace [[Ivan Rand]] on the Supreme Court of Canada.
In 1959, without any previous judicial experience, Ritchie was appointed by the [[John Diefenbaker|Diefenbaker]] government to replace [[Ivan Rand]] on the Supreme Court of Canada.


Ritchie's judgements were typically conservative, which often put him on side with [[Ronald Martland]] and [[Wilfred Judson]]. He is best known for a pair of conflicting decisions concerning the ''[[Canadian Bill of Rights]]'': ''[[R. v. Drybones]]'' and ''[[Attorney General of Canada v. Lavell]]''.<ref>[http://www.thecanadianencyclopedia.ca/en/article/roland-a-ritchie/ ''Canadian Encyclopedia'': Roland A. Ritchie]</ref> In ''Drybones'', Ritchie wrote the majority decision for the Court, holding that a provision of the ''Indian Act'' was inoperative because it conflicted with the ''Canadian Bill of Rights''.<ref>''R. v. Drybones'', [1970] S.C.R. 282.</ref> However, in ''Lavell'', Ritchie wrote the majority decision holding that a federal statute such as the ''Indian Act'' could not be held inoperative because of the Bill of Rights.<ref>''Attorney General of Canada v. Lavell; Isaac v. Bédard'', [1974] S.C.R. 1349</ref>
Ritchie's judgements were typically conservative, which often put him on side with [[Ronald Martland]] and [[Wilfred Judson]]. He is best known for a pair of conflicting decisions concerning the ''[[Canadian Bill of Rights]]'': ''[[R. v. Drybones]]'' and ''[[Attorney General of Canada v. Lavell]]''.<ref>[http://www.thecanadianencyclopedia.ca/en/article/roland-a-ritchie/ ''Canadian Encyclopedia'': Roland A. Ritchie]</ref> In ''Drybones'', Ritchie wrote the majority decision for the Court, holding that a provision of the ''Indian Act'' was inoperative because it conflicted with the ''Canadian Bill of Rights''.<ref>''R. v. Drybones'', [1970] S.C.R. 282.</ref> However, in ''Lavell'', Ritchie wrote the majority decision holding that a federal statute such as the ''Indian Act'' could not be held inoperative because of the Bill of Rights.<ref>''Attorney General of Canada v. Lavell; Isaac v. Bédard'', [1974] S.C.R. 1349</ref>


One of his most significant dissents, co-authored with [[Ronald Martland|Justice Martland]], was in the [[Patriation Reference]], where they argued that as a matter of constitutional law, the federal Parliament did not have the authority to unilaterally request that the British Parliament enact the proposed patriation constitutional amendments.<ref>''Reference Re: Resolution to amend the Constitution (Patriation Reference)'', [1981] 1 SCR 753.</ref><ref>Noel Lyon, "Constitutional Theory and the Martland-Ritchie Dissent" (1981) 7 Queen's L.J. 344.</ref> Although in dissent on the legal issue, Martland and Ritchie were in the majority on the second issue in the Reference, the existence of a constitutional convention which required a significant degree of provincial support for major constitutional amendments.
One of his most significant dissents, co-authored with [[Ronald Martland|Justice Martland]], was in the [[Patriation Reference]], where they argued that as a matter of constitutional law, the federal Parliament did not have the authority to unilaterally request that the British Parliament enact the proposed patriation constitutional amendments.<ref>''Reference Re: Resolution to amend the Constitution (Patriation Reference)'', [1981] 1 SCR 753.</ref><ref>Noel Lyon, "Constitutional Theory and the Martland-Ritchie Dissent" (1981) 7 Queen's L.J. 344.</ref> Although in dissent on the legal issue, Martland and Ritchie were in the majority on the second issue in the Reference, the existence of a constitutional convention which required a significant degree of provincial support for major constitutional amendments.


==Later life and death==
==Later life==
He served on the Court until his retirement in 1984. He retired due to poor health at age 74, a year before the mandatory retirement age of 75.<ref name="illness" /> In 1985 he was made a Companion of the [[Order of Canada]]. From 1974 to 1988, he was the Chancellor of the [[University of King's College]].
He served on the Court until his retirement in 1984. He retired due to poor health at age 74, a year before the mandatory retirement age of 75.<ref name="illness" /> In 1985 he was made a Companion of the [[Order of Canada]]. From 1974 to 1988, he was the Chancellor of the [[University of King's College]].


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==External links==
==External links==
* [http://www.scc-csc.gc.ca/court-cour/judges-juges/bio-eng.aspx?id=roland-almon-ritchie Supreme Court of Canada biography]
* [https://web.archive.org/web/20140806001358/http://www.scc-csc.gc.ca/court-cour/judges-juges/bio-eng.aspx?id=roland-almon-ritchie Supreme Court of Canada biography]
* [http://archive.gg.ca/honours/search-recherche/honours-desc.asp?lang=e&TypeID=orc&id=1432 Order of Canada Citation]
* [http://archive.gg.ca/honours/search-recherche/honours-desc.asp?lang=e&TypeID=orc&id=1432 Order of Canada Citation]


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[[Category:1988 deaths]]
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[[Category:Canadian Army personnel of World War II]]

Latest revision as of 17:29, 17 April 2024

Roland Ritchie
CC
Puisne Justice of the Supreme Court of Canada
In office
May 5, 1959 – October 31, 1984
Nominated byJohn Diefenbaker
Preceded byIvan Rand
Succeeded byGérard La Forest
Personal details
Born(1910-06-19)June 19, 1910
Halifax, Nova Scotia
DiedJune 5, 1988(1988-06-05) (aged 77)
Ottawa, Ontario
Alma materUniversity of King's College, Halifax
Pembroke College, Oxford
ProfessionLawyer
Military service
AllegianceCanadian Army
Branch/serviceRoyal Canadian Artillery
RankCaptain

Roland Almon Ritchie, CC (June 19, 1910 – June 5, 1988) was a Canadian lawyer and puisne justice of the Supreme Court of Canada.

Early life and family[edit]

Born in Halifax, Nova Scotia, the son of William Bruce Almon Ritchie and Lillian Stewart,[1] Ritchie was a scion of prominent families — the Almons, Ritchies, and Stewarts were all major families in Nova Scotia. Ritchie's great-uncle, Sir William Johnstone Ritchie, had also been on the Supreme Court, serving as a puisne justice and then as the second Chief Justice of Canada.[2] His brother, Charles Ritchie was an important Canadian diplomat and diarist.

Education[edit]

Ritchie received a Bachelor of Arts degree from the University of King's College, Halifax, in 1930. He then received a Rhodes scholarship and read law at Pembroke College, Oxford University, receiving an additional Bachelor of Arts degree, in law, in 1932.

Military career[edit]

Ritchie was called to the Nova Scotia Bar in 1934, but his law practice was interrupted by World War II. He joined the Royal Canadian Artillery,[3] and eventually served as Assistant Deputy Judge Advocate with the Third Canadian Division from 1941 to 1944.[1]

Legal career[edit]

After the war he helped found the law firm, Daley, Phinney & Ritchie. He was a lecturer on insurance law at Dalhousie University, and acted as counsel to the royal commission on the terms of Newfoundland's union with Canada in 1949.[1]

Supreme Court of Canada[edit]

In 1959, without any previous judicial experience, Ritchie was appointed by the Diefenbaker government to replace Ivan Rand on the Supreme Court of Canada.

Ritchie's judgements were typically conservative, which often put him on side with Ronald Martland and Wilfred Judson. He is best known for a pair of conflicting decisions concerning the Canadian Bill of Rights: R. v. Drybones and Attorney General of Canada v. Lavell.[4] In Drybones, Ritchie wrote the majority decision for the Court, holding that a provision of the Indian Act was inoperative because it conflicted with the Canadian Bill of Rights.[5] However, in Lavell, Ritchie wrote the majority decision holding that a federal statute such as the Indian Act could not be held inoperative because of the Bill of Rights.[6]

One of his most significant dissents, co-authored with Justice Martland, was in the Patriation Reference, where they argued that as a matter of constitutional law, the federal Parliament did not have the authority to unilaterally request that the British Parliament enact the proposed patriation constitutional amendments.[7][8] Although in dissent on the legal issue, Martland and Ritchie were in the majority on the second issue in the Reference, the existence of a constitutional convention which required a significant degree of provincial support for major constitutional amendments.

Later life[edit]

He served on the Court until his retirement in 1984. He retired due to poor health at age 74, a year before the mandatory retirement age of 75.[3] In 1985 he was made a Companion of the Order of Canada. From 1974 to 1988, he was the Chancellor of the University of King's College.

References[edit]

  1. ^ a b c "Supreme Court of Canada Biography: Roland Ritchie". Archived from the original on 2014-08-06. Retrieved 2014-08-02.
  2. ^ Dictionary of Canadian Biography: Ritchie, William Bruce Almon
  3. ^ a b "Illness forces Ritchie to retire from Supreme Court," Montreal Gazette, November 2, 1984.
  4. ^ Canadian Encyclopedia: Roland A. Ritchie
  5. ^ R. v. Drybones, [1970] S.C.R. 282.
  6. ^ Attorney General of Canada v. Lavell; Isaac v. Bédard, [1974] S.C.R. 1349
  7. ^ Reference Re: Resolution to amend the Constitution (Patriation Reference), [1981] 1 SCR 753.
  8. ^ Noel Lyon, "Constitutional Theory and the Martland-Ritchie Dissent" (1981) 7 Queen's L.J. 344.

External links[edit]