664:
549:
Indeed, military officers produced in court an order in council that ordered the conscripts in question to "be dealt with in all respects as provided by the orders in council notwithstanding the judgment and notwithstanding any judgment or any order that may be made by any Court." On July 12, 1918,
545:
in
Calgary, for failure to comply with the order to produce the conscripts. However, the sheriff on his way to arrest the officer was met by military resistance, specifically newly set up machine guns around the headquarters. Harvey viewed these circumstances as being an affront to the jurisdiction
471:
delivered the decision for the
Committee in 1923, overturning the Supreme Court and finding in favour of Scott. Harvey continued to hold ill will, to the extent that at the first hearing convened by the appeal division, Harvey walked into the courtroom with Scott, told everyone he was the true Chief
524:
The hearing before the Court was presided by then Chief
Justice Harvey along with four justices on June 21 and 22, 1918. The Court held that since the exemptions had been passed by Parliament, it was not constitutional for a mere order-in-council to remove those exemptions. Harvey was the lone
425:
enacted these changes in 1919, and it was proclaimed in 1921. The proper way to have done this would have been to abolish the old
Supreme Court and create two new courts: one for trials, another solely for appeals. However, due to "slipshod and inartistic" drafting, the enacting statute merely
628:
to
Investigate an Agreement between the City of Calgary and the Calgary Natural Gas Company Ltd in 1919; an Inquiry into the McGillivray Creek Coal and Coke Company Ltd. explosion in 1927, and the Commission regarding the Administration of Justice in 1934.
553:
Eventually, a compromise was reached at
Calgary City Hall whereby the military command in Alberta would notify the sheriff within 24 hours before the men were required to leave Alberta for eastern Canada. A similar Ontario case reached the
536:
However, rather than produce the conscripts before the Court, the
Canadian military was ordered by the highest-ranking military official in Canada and supported by the federal government to ignore the ruling. The Court issued a
646:
district of
Edmonton in 1914 which he kept until 1946. He cleared and fenced the land and built a tea house on it. In the morning, he would walk from his nearby house to the land to work in his garden, where he had prized
444:
was in office. Instead of Harvey, Meighen appointed the conservative Scott by federal letters patent dated
September 15, 1921. Much to Harvey's dismay, he became the Chief Justice of the Supreme Court Trial Division.
546:
of the Courts to declare laws unconstitutional as he wrote: "This seems to me that the military authorities and the executive government of Canada have set at defiance the highest Court in this province."
550:
Harvey issued an order to have the military explain its actions before the Court or the Court would employ the sheriff and all the able bodied men in the jurisdiction to seize the conscripts by force.
417:
It is important to recognize that when the new
Supreme Court of Alberta was formed, it comprised a trial division and an appellate division (essentially, brother justices of the Supreme Court sitting
460:
for a declaration that he, not Scott, was the Chief Justice of Alberta. By a four to two majority, the Supreme Court agreed with Harvey that he held the highest judicial office in Alberta.
768:
472:
Justice, and then left Scott to preside. Scott's victory was nevertheless short lived as Scott died less than a year after the Judicial Committee's decision.
1146:
621:
910:
683:
Harvey was the longest serving Chief Justice, having sat on the bench for 44 years, longer than any other judge in Alberta's history. In his honour, the
375:
464:
296:
742:
620:
He also served on many boards, including as Chairman of the Mobilization Board for National Services in 1940, and member of the Commission on
1141:
835:
687:
288:
215:
810:
387:
885:
860:
306:, he married Nora Lousie Palmerin in Ontario in 1893. Together they had one son, Alan Burnside Harvey, on April 22, 1899. Alan became a
1045:
499:
in Canada. However, it contained many exceptions for classes of people such as farmers. In 1918, the shortage of men was dire, and the
953:
778:
1100:
1023:
993:
943:
492:
468:
440:
who had been in office from 1896 to 1911. By the time the two courts were separated in 1919, Conservative Prime Minister
475:
Harvey was then appointed to Scott's position as Chief Justice of Alberta on August 27, 1924, by Liberal Prime Minister
1136:
488:
476:
794:
1131:
430:
398:
Alongside Harvey, two other judges from the Northwest Territories Court made the transition to the Alberta Court:
1126:
268:
50:
86:
1094:
555:
463:
Although Scott had declined to make an appearance before the Supreme Court, he appealed the decision to the
453:
421:
with a quorum of three). Harvey supported an independent appellate court designed only to hear appeals. The
367:
315:
507:
rescinding those exemptions. Norman Earl Lewis was conscripted and hired lawyer and future Prime Minister
352:
529:
voice. This was quite problematic for the government as within two weeks, over 20 other applications for
1076:
684:
602:
558:
the following week, which upheld the order-in-council as being constitutionally valid on July 19, 1918.
348:
344:
231:
20:
1121:
1116:
652:
371:
292:
746:
614:
818:
542:
437:
864:
598:
538:
526:
449:
407:
363:
311:
949:
904:
889:
774:
713:
706:
643:
399:
255:
74:
37:
1049:
374:. His first judicial appointment came on June 27, 1904, when he was appointed a judge of the
625:
504:
500:
433:
and thus Chief Justice of Alberta, his judicial appointments had all been made by a Liberal
410:
of the province in 1910, Harvey was elevated to the position of Chief Justice of Alberta by
340:
336:
702:
426:
created an independent appeal court without abolishing the old Supreme Court of Alberta.
382:, where a new courthouse had been built that year. With the creation of the province of
701:
degree from the Universities of Alberta and Toronto in 1915 and 1936 respectively, and
698:
676:
441:
434:
411:
307:
406:. The latter was appointed the first Chief Justice of Alberta. When Sifton became the
1110:
1031:
517:
508:
403:
109:
663:
496:
487:
Harvey played a key role in the Conscription Stand Off of 1918, part of the larger
390:
in 1907 to which Harvey was appointed on September 16, 1907, he moved to Edmonton.
379:
280:
147:
694:
over the three year Bachelor of Laws program the Horace Harvey Gold Medal in Law.
1070:
284:
151:
226:
655:
from 1966 until 2000. The current official residence remains in the area.
347:
in 1888. He was admitted to the Ontario Bar the following year and to the
672:
668:
648:
167:
418:
383:
359:
1046:"The Present Official Residence of the Lieutenant-Governor of Alberta"
303:
264:
260:
651:. This land would later house the official residence for Alberta's
662:
362:, at the firm of Harvey and McCarthy. In 1896 he was Registrar of
512:
386:
in 1905, he moved back to Calgary, and with the creation of the
370:
of the Northwest Territories in 1900, requiring him to move to
691:
479:. He held this position until his death on September 9, 1949.
541:
against Lieutenant-Colonel Moore, the commanding officer at
429:
Although Harvey expected to become the Chief Justice of the
617:
in 1914 which were not substantially revised until 1944.
811:"Supreme Court of Canada - Administration of the Court"
737:
735:
733:
731:
729:
945:
Foundations of Justice: Alberta's Historic Courthouses
491:
during World War I. The federal government passed the
855:
853:
851:
849:
1024:"University of Alberta Archives: Board of Governors"
667:
Harvey, sitting far right, listening to a speech in
366:for Southern Alberta before his appointment as the
237:
225:
208:
200:
174:
157:
134:
129:
115:
103:
80:
68:
49:
28:
830:
828:
259:(October 1, 1863 – September 9, 1949) was a
994:"Albertasource.ca Alberta's Online Encyclopedia"
836:"Albertasource.ca Alberta's Online Encyclopedia"
1097:The modern day Supreme Court Appellate Division
690:awards the graduating student with the highest
1071:"Scholarships, Awards, and Financial Support"
8:
16:Chief Justice of Alberta, Canada (1863â1949)
1103:The modern day Supreme Court Trial Division
622:Alberta and Great Waterways Railway scandal
796:Tremeear's Annotated Criminal code, Canada
376:Supreme Court of the Northwest Territories
320:Tremeear's Annotated Criminal Code, Canada
25:
725:
465:Judicial Committee of the Privy Council
19:For the South African lawn bowler, see
909:: CS1 maint: archived copy as title (
902:
586:Credit Foncier Franco-Canadian v. Ross
770:Register of Rhodes Scholars 1903-1945
638:House converted to Official Residence
613:Harvey wrote by himself, the Alberta
458:Reference re Chief Justice of Alberta
299:1872â1874, and Sophronia (nÊe) Mack.
7:
1147:Judges in the Northwest Territories
1013:(1918), 57 S.C.R. 150, 42 D.L.R. 1.
642:Harvey purchased three lots in the
14:
712:He died on September 9, 1948, in
521:in the Supreme Court of Alberta.
971:, 41 D.L.R. 1 (Alta. S.C.A.D.).
743:"University of Alberta: People"
597:Harvey was the Chairman of the
190:
1101:Alberta Court of Queen's Bench
1:
705:made him a Fellowship in the
1142:University of Toronto alumni
351:Bar, the predecessor to the
942:Mittelstadt, David (2005).
489:Conscription Crisis of 1917
477:William Lyon Mackenzie King
358:Harvey began his career in
1163:
18:
1075:Office of the Registrar,
414:issued October 12, 1910.
287:, on October 1, 1863, to
245:
125:
92:
57:
45:
697:He received an honorary
394:Chief Justice of Alberta
388:Supreme Court of Alberta
269:Chief Justice of Alberta
51:Chief Justice of Alberta
1095:Alberta Court of Appeal
556:Supreme Court of Canada
454:Supreme Court of Canada
368:Deputy Attorney General
316:Supreme Court of Canada
767:Various (March 2007).
680:
574:McPherson v. McPherson
353:Law Society of Alberta
1077:University of Alberta
685:University of Alberta
666:
603:University of Alberta
593:University of Alberta
495:in 1917, introducing
456:in the case cited as
349:Northwest Territories
345:University of Toronto
339:degree in 1886 and a
275:Early and family life
232:University of Toronto
87:George Bligh O'Connor
21:Horace Harvey (bowls)
998:www.albertasource.ca
840:www.albertasource.ca
653:Lieutenant Governors
493:Military Service Act
291:, Liberal Member of
204:Alan Burnside Harvey
180:Nora Lousie Palmerin
923:1922, 64 S.C.R. 135
671:on the occasion of
605:from 1917 to 1940.
483:Conscription Crisis
448:Harvey applied via
438:Sir Wilfrid Laurier
314:, Registrar of the
279:Harvey was born in
1137:Lawyers in Alberta
799:. Burroughs. 1944.
681:
599:Board of Governors
539:writ of attachment
431:Appellate Division
372:Regina, Assiniboia
1132:Judges in Alberta
861:"Justice McClung"
815:www.scc-csc.gc.ca
714:Edmonton, Alberta
707:Order of the Coif
580:Hatfield v. Healy
562:Notable decisions
400:David Lynch Scott
378:and stationed in
249:
248:
170:, Alberta, Canada
161:September 9, 1949
121:David Lynch Scott
75:David Lynch Scott
1154:
1127:Canadian Quakers
1082:
1081:
1067:
1061:
1060:
1058:
1057:
1048:. Archived from
1042:
1036:
1035:
1030:. Archived from
1020:
1014:
1008:
1002:
1001:
990:
984:
983:, 2 W.W.R. 865.
978:
972:
966:
960:
959:
939:
933:
930:
924:
921:
915:
914:
908:
900:
898:
897:
888:. Archived from
882:
876:
875:
873:
872:
863:. Archived from
857:
844:
843:
832:
823:
822:
817:. Archived from
807:
801:
800:
791:
785:
784:
764:
758:
757:
755:
754:
745:. Archived from
739:
633:Place in history
626:Royal Commission
505:order-in-council
501:Canadian Cabinet
343:degree from the
341:Bachelor of Laws
337:Bachelor of Arts
335:He received his
318:, and editor of
258:
194:
192:
164:
144:
142:
130:Personal details
118:
106:
97:
83:
71:
62:
40:
26:
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1153:
1152:
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1107:
1106:
1091:
1086:
1085:
1069:
1068:
1064:
1055:
1053:
1044:
1043:
1039:
1028:www.ualberta.ca
1022:
1021:
1017:
1009:
1005:
992:
991:
987:
979:
975:
969:Re Lewis (1918)
967:
963:
956:
941:
940:
936:
931:
927:
922:
918:
901:
895:
893:
886:"Archived copy"
884:
883:
879:
870:
868:
859:
858:
847:
834:
833:
826:
809:
808:
804:
793:
792:
788:
781:
766:
765:
761:
752:
750:
741:
740:
727:
722:
703:Yale Law School
661:
640:
635:
611:
595:
564:
543:Sarcee Barracks
533:had been made.
511:to apply for a
485:
396:
333:
328:
312:Queen's Counsel
277:
254:
221:
196:
193: 1893)
188:
184:
181:
166:
162:
146:
145:October 1, 1863
140:
138:
116:
104:
98:
93:
81:
69:
63:
58:
41:
36:
34:
31:
24:
17:
12:
11:
5:
1160:
1158:
1150:
1149:
1144:
1139:
1134:
1129:
1124:
1119:
1109:
1108:
1105:
1104:
1098:
1090:
1087:
1084:
1083:
1062:
1037:
1034:on 1999-11-18.
1015:
1003:
985:
973:
961:
954:
934:
925:
916:
877:
845:
824:
821:on 2009-02-02.
802:
786:
779:
759:
724:
723:
721:
718:
699:Doctor of Laws
688:Faculty of Law
677:silver jubilee
660:
657:
639:
636:
634:
631:
615:Rules of Court
610:
607:
594:
591:
590:
589:
583:
577:
571:
570:12 ALR 1st 320
563:
560:
484:
481:
442:Arthur Meighen
435:Prime Minister
423:Judicature Act
412:letters patent
395:
392:
332:
329:
327:
324:
308:Rhodes Scholar
289:William Harvey
276:
273:
247:
246:
243:
242:
239:
235:
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229:
223:
222:
220:
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216:William Harvey
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165:(aged 85)
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55:
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47:
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35:
32:
30:The Honourable
29:
15:
13:
10:
9:
6:
4:
3:
2:
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1145:
1143:
1140:
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1135:
1133:
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1125:
1123:
1120:
1118:
1115:
1114:
1112:
1102:
1099:
1096:
1093:
1092:
1088:
1079:
1078:
1072:
1066:
1063:
1052:on 2015-07-18
1051:
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1038:
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1029:
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1016:
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1007:
1004:
999:
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977:
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962:
957:
955:9781552381236
951:
947:
946:
938:
935:
929:
926:
920:
917:
912:
906:
892:on 2011-01-27
891:
887:
881:
878:
867:on 2010-09-17
866:
862:
856:
854:
852:
850:
846:
841:
837:
831:
829:
825:
820:
816:
812:
806:
803:
798:
797:
790:
787:
782:
780:9781406748840
776:
772:
771:
763:
760:
749:on 2010-12-08
748:
744:
738:
736:
734:
732:
730:
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719:
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715:
710:
708:
704:
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689:
686:
678:
674:
670:
665:
658:
656:
654:
650:
645:
637:
632:
630:
627:
624:in 1910; the
623:
618:
616:
608:
606:
604:
600:
592:
587:
584:
582:3 ALR 1st 327
581:
578:
575:
572:
569:
566:
565:
561:
559:
557:
551:
547:
544:
540:
534:
532:
531:habeas corpus
528:
522:
520:
519:
518:habeas corpus
514:
510:
509:R. B. Bennett
506:
502:
498:
494:
490:
482:
480:
478:
473:
470:
469:Lord Atkinson
466:
461:
459:
455:
451:
446:
443:
439:
436:
432:
427:
424:
420:
415:
413:
409:
405:
404:Arthur Sifton
401:
393:
391:
389:
385:
381:
377:
373:
369:
365:
361:
356:
354:
350:
346:
342:
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300:
298:
294:
290:
286:
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274:
272:
270:
266:
262:
257:
253:
252:Horace Harvey
244:
241:lawyer, judge
240:
236:
233:
230:
228:
224:
217:
214:
213:
211:
207:
203:
199:
177:
173:
169:
160:
156:
153:
149:
137:
133:
128:
124:
120:
114:
111:
110:Arthur Sifton
108:
102:
96:
91:
88:
85:
79:
76:
73:
67:
61:
56:
52:
48:
44:
39:
33:Horace Harvey
27:
22:
1074:
1065:
1054:. Retrieved
1050:the original
1040:
1032:the original
1027:
1018:
1010:
1006:
997:
988:
980:
976:
968:
964:
944:
937:
932:4 D.L.R. 647
928:
919:
894:. Retrieved
890:the original
880:
869:. Retrieved
865:the original
839:
819:the original
814:
805:
795:
789:
769:
762:
751:. Retrieved
747:the original
711:
696:
682:
641:
619:
612:
596:
585:
579:
573:
567:
552:
548:
535:
530:
523:
516:
497:conscription
486:
474:
462:
457:
447:
428:
422:
416:
397:
357:
334:
331:Early career
319:
310:, a lawyer,
301:
281:Elgin County
278:
251:
250:
163:(1949-09-09)
148:Elgin County
117:Succeeded by
94:
82:Succeeded by
59:
1122:1949 deaths
1117:1863 births
364:Land Titles
355:, in 1893.
285:Canada West
152:Canada West
105:Preceded by
70:Preceded by
1111:Categories
1056:2015-03-15
896:2009-09-25
871:2009-09-25
753:2009-09-25
720:References
609:Other work
527:dissenting
503:issued an
297:Elgin East
293:Parliament
271:, Canada.
238:Occupation
227:Alma mater
141:1863-10-01
981:Re Norton
588:2 WWR 353
576:1 WWR 321
568:R. v. Cyr
450:reference
99:1910â1921
95:In office
64:1924â1949
60:In office
1089:See also
905:cite web
673:George V
669:Edmonton
649:gladioli
267:, and a
218:(father)
201:Children
168:Edmonton
53:, Canada
1011:Re Grey
679:in 1935
659:Honours
644:Glenora
601:of the
452:to the
419:en banc
408:Premier
384:Alberta
380:Macleod
360:Calgary
195:
187:
183:
952:
777:
326:Career
304:Quaker
265:jurist
261:lawyer
209:Parent
175:Spouse
189:(
185:
950:ISBN
911:link
775:ISBN
513:writ
402:and
295:for
158:Died
135:Born
692:GPA
675:'s
515:of
1113::
1073:.
1026:.
996:.
948:.
907:}}
903:{{
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838:.
827:^
813:.
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302:A
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256:KC
191:m.
150:,
38:KC
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1059:.
1000:.
958:.
913:)
899:.
874:.
842:.
783:.
756:.
143:)
139:(
23:.
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