Ian Binnie

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The Honourable Mr. Justice
William Ian Corneil Binnie
Puisne Justice of the Supreme Court of Canada
In office
January 8, 1998 – October 21, 2011
Nominated by Jean Chrétien
Preceded by John Sopinka
Succeeded by Andromache Karakatsanis / Michael J. Moldaver
Personal details
Born April 14, 1939 (1939-04-14) (age 72)
Montreal, Quebec
Spouse(s) Susan Binnie

William Ian Corneil Binnie (born April 14, 1939) was a puisne justice of the Supreme Court of Canada, serving from 1998 to 2011.[1] Of the justices appointed to the Supreme Court in recent years, he is one of the few to have never sat as a judge prior to his appointment.

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[edit] Personal life and career as lawyer

Binnie was born in Montreal, Quebec. He graduated from McGill University in 1960, where he was a member of the Kappa Alpha Society and the Scarlet Key Honor Society, and went on the study law at Cambridge University (graduating with an LL.B in 1963 and an LL.M in 1988) and the University of Toronto (obtaining an LL.B in 1965). He was called to the Ontario bar in 1967 and practiced private law at Wright & McTaggart, and its successor firms, until 1982, at which point he went to work as Associate Deputy Minister of Justice for the Government of Canada. In 1986, he went on to practice at McCarthy Tétrault, until he was appointed to the Supreme Court of Canada in 1998, replacing Justice John Sopinka. Just as with his predecessor, Binnie had never sat as a judge before his appointment to the Supreme Court.

Prior to his appointment, he had argued numerous cases in front of the Court. For example, he was lead counsel for the defendant in the notable case of R. v. Wholesale Travel Inc.

In May 2011, Binnie announced his plans to retire as early as August 30, 2011, unless there was a delay in the appointment of his replacement.[2][3] He continued to until Michael Moldaver and Andromache Karakatsanis were sworn in on October 27, 2011, replacing him and Louise Charron, who had left the court on August 30, 2011.

On November 16, 2011 it was announced by the New Zealand Justice Minister Simon Power that Binnie had been selected to review the David Bain case and Bain's request for compensation for wrongful conviction and imprisonment. [4]

[edit] Judgments

Due to Binnie's background in business and corporate law, he has typically written many of the judgements in those areas of law. His style of judgment in constitutional cases is said to lean towards giving deference to government. This can most clearly be seen in cases such as the recent Chaoulli v. Quebec (Attorney General) [2005].

Binnie nonetheless felt that a majority of the court was too favourable to the Crown against the rights of accused in R v Sinclair, a 2010 case regarding an accused's right to counsel during police questioning.[5][6]

[edit] See also

[edit] References

[edit] External links

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