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John Robert Cartwright

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John Robert Cartwright
Justice Cartwright, c. 1953
12th Chief Justice of Canada
In office
September 1, 1967 – March 23, 1970
Nominated byLester B. Pearson
Appointed byRoland Michener
Preceded byRobert Taschereau
Succeeded byGérald Fauteux
Puisne Justice of the Supreme Court of Canada
In office
December 22, 1949 – September 1, 1967
Nominated byLouis St. Laurent
Preceded byNone (new position)
Succeeded byLouis-Philippe Pigeon
Personal details
Born(1895-03-23)March 23, 1895
DiedNovember 24, 1979(1979-11-24) (aged 84)

John Robert Cartwright PC CC MC (March 23, 1895 – November 24, 1979) was a Canadian lawyer and judge who served as Chief Justice of Canada from 1967 until 1970 and as a puisne justice from 1949 to 1967.

Early life

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Born in Toronto, Cartwright was the son of James Strachan Cartwright and Jane Elizabeth Young. After graduating from Upper Canada College in 1912, he enrolled at Osgoode Hall Law School and began his articles with Smith, Rae & Greer.[1]

He interrupted his studies in 1914 to serve overseas with the armed forces during the First World War. In 1915, he was wounded twice and for the following two years was an aide-de-camp to three successive generals. He was awarded the Military Cross in 1917.[1]

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Upon his return to Canada, he resumed his study of law. He was called to the bar in 1920, then joined the firm of Smith, Rae & Greer in Toronto.[1][2] In 1946, he was named a bencher of the Law Society of Upper Canada, he had the most votes of any candidate.[3]

In 1947, he was counsel for the Government of Canada in the prosecutions that resulted from the findings of the Royal Commission on Spying Activities in Canada, which had been chaired by Justices Robert Taschereau and Roy Kellock.[3][1][4]

Justice of the Supreme Court of Canada

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In 1949, the Supreme Court of Canada was expanded from 7 to 9 justices. On December 22, 1949, Cartwright was appointed by Prime Minister Louis St. Laurent to the first of the new positions on the Court.[5][3]

Cartwright dissented in two cases which expanded the Implied bill of rights. In Boucher v The King (1950), Cartwright concurred with the dissent of Robert Taschereau.[ps 1] In Saumur v Quebec (City of) (1953), a case where the Supreme Court of Canada struck down a municipal by-law prohibiting the distribution of literature to the public, Cartwright in a joint dissent with Gérald Fauteux found the by-law valid, and that freedom of expression was not a separate subject-matter for constitutional purposes.[6][ps 2]

He served on the Supreme Court for 20 years and retired on March 23, 1970. The following year, he accepted a position with the law firm Gowling and Henderson as counsel.[citation needed]

Honours

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References

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  1. 1 2 3 4 "Supreme Court of Canada | The Right Honourable John Robert Cartwright, P.C., C.C., M.C." www.scc-csc.ca. Retrieved 2025-06-29.
  2. ↑ "Medals, Awards and Prizes | Osgoode Hall Law School - York University". Osgoode Hall Law School. Retrieved 2025-06-29.
  3. 1 2 3 Bushnell 1992, p. 276.
  4. ↑ Callwood, June (1984). "Emma: The True Story of Canada's Unlikely Spy". Toronto, Ontario: Stoddart Publishing. ISBN 077372026X.{{cite web}}: CS1 maint: periodical has ISBN (link)
  5. ↑ Snell & Vaughan 1985, p. 198.
  6. ↑ Snell & Vaughan 1985, p. 315.
  7. ↑ "Recipients". 11 June 2018.

Sources

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Primary sources

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