Knowledge (XXG)

Horace Harvey

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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,
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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
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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
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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
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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
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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.
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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
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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
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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
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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.
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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."
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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.
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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
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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.
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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.
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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
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He also served on many boards, including as Chairman of the Mobilization Board for National Services in 1940, and member of the Commission on
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in Canada. However, it contained many exceptions for classes of people such as farmers. In 1918, the shortage of men was dire, and the
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who had been in office from 1896 to 1911. By the time the two courts were separated in 1919, Conservative Prime Minister
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Harvey was then appointed to Scott's position as Chief Justice of Alberta on August 27, 1924, by Liberal Prime Minister
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Alongside Harvey, two other judges from the Northwest Territories Court made the transition to the Alberta Court:
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Although Scott had declined to make an appearance before the Supreme Court, he appealed the decision to the
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with a quorum of three). Harvey supported an independent appellate court designed only to hear appeals. The
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rescinding those exemptions. Norman Earl Lewis was conscripted and hired lawyer and future Prime Minister
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voice. This was quite problematic for the government as within two weeks, over 20 other applications for
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the following week, which upheld the order-in-council as being constitutionally valid on July 19, 1918.
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and thus Chief Justice of Alberta, his judicial appointments had all been made by a Liberal
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of the province in 1910, Harvey was elevated to the position of Chief Justice of Alberta by
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created an independent appeal court without abolishing the old Supreme Court of Alberta.
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degree from the Universities of Alberta and Toronto in 1915 and 1936 respectively, and
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Harvey played a key role in the Conscription Stand Off of 1918, part of the larger
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in 1907 to which Harvey was appointed on September 16, 1907, he moved to Edmonton.
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over the three year Bachelor of Laws program the Horace Harvey Gold Medal in Law.
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from 1966 until 2000. The current official residence remains in the area.
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in 1888. He was admitted to the Ontario Bar the following year and to the
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in 1905, he moved back to Calgary, and with the creation of the
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of the Northwest Territories in 1900, requiring him to move to
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against Lieutenant-Colonel Moore, the commanding officer at
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Although Harvey expected to become the Chief Justice of the
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in 1914 which were not substantially revised until 1944.
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Foundations of Justice: Alberta's Historic Courthouses
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during World War I. The federal government passed the
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Harvey, sitting far right, listening to a speech in
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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 299:1872–1874, 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: 1162: 1161: 1157: 1156: 1155: 1153: 1152: 1151: 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: 234: 229: 223: 222: 220: 219: 216:William Harvey 212: 210: 206: 205: 202: 198: 197: 186: 182: 179: 178: 176: 172: 171: 165:(aged 85) 159: 155: 154: 136: 132: 131: 127: 126: 123: 122: 119: 113: 112: 107: 101: 100: 90: 89: 84: 78: 77: 72: 66: 65: 55: 54: 47: 46: 43: 42: 35: 32: 30:The Honourable 29: 15: 13: 10: 9: 6: 4: 3: 2: 1159: 1148: 1145: 1143: 1140: 1138: 1135: 1133: 1130: 1128: 1125: 1123: 1120: 1118: 1115: 1114: 1112: 1102: 1099: 1096: 1093: 1092: 1088: 1079: 1078: 1072: 1066: 1063: 1052:on 2015-07-18 1051: 1047: 1041: 1038: 1033: 1029: 1025: 1019: 1016: 1012: 1007: 1004: 999: 995: 989: 986: 982: 977: 974: 970: 965: 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: 726: 719: 717: 715: 710: 708: 704: 700: 695: 693: 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: 338: 330: 325: 323: 321: 317: 313: 309: 305: 300: 298: 294: 290: 286: 282: 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:. 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Cyr 450:reference 99:1910–1921 95:In office 64:1924–1949 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:{{ 848:^ 838:. 827:^ 813:. 773:. 728:^ 716:. 709:. 467:. 322:. 302:A 283:, 263:, 256:KC 191:m. 150:, 38:KC 1080:. 1059:. 1000:. 958:. 913:) 899:. 874:. 842:. 783:. 756:. 143:) 139:( 23:.

Index

Horace Harvey (bowls)
KC
Chief Justice of Alberta
David Lynch Scott
George Bligh O'Connor
Arthur Sifton
Elgin County
Canada West
Edmonton
William Harvey
Alma mater
University of Toronto
KC
lawyer
jurist
Chief Justice of Alberta
Elgin County
Canada West
William Harvey
Parliament
Elgin East
Quaker
Rhodes Scholar
Queen's Counsel
Supreme Court of Canada
Bachelor of Arts
Bachelor of Laws
University of Toronto
Northwest Territories
Law Society of Alberta

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