330:. As an Officer of the Legislature, Linden's appointment was recommended by an all-party committee. Ontario's model unified the access-to-information and privacy-protection roles in a single commissioner, unlike the federal model with dual commissioners, and gave the commissioner order-making authority. Linden established and ran the IPC until 1990, designing the inquiry process and pioneering the use of paper as opposed to in-person hearings. Linden adopted a cautious approach in his decision-making, aware of precedents that would be set and of the need to withstand judicial scrutiny. His more than 120 formative decisions continue to be cited in IPC jurisprudence. Aside from hearing appeals, Linden issued recommendations on broader privacy and access issues, including employer disclosure of information about employees with AIDS, and the risk of document loss or improper disclosure from then-ubiquitous fax machines.
975:, Second Session, 34th Parliament, April 25, 1990, statement by Hon. Mr. Scott: "Throughout his career, the new Chief Judge has distinguished himself as an innovative reformer, a pragmatic administrator and a conscientious and principled adjudicator. These qualities will prove invaluable in his new role." And similarly Mr. Rae, Leader of the Opposition, "He is a man of great humour and great ability. We look forward to working with him in his new role on the unified court." For the extensive reforms mandated by statute, including eight new judicial regions each with a Court Management Committee, see
1030:, A Report Prepared for the Canadian Judicial Council, May 1995, pp. 186-87. According to Friedland, the memorandum was a "recent very important development…It has…changed the way the ministry views the courts and cut down the former friction…The new relationship with the Attorney General's department, according to the Chief Judge, is working much better than expected." Also Brian W. Lennox, "Afterword: Judicial Independence in Canada – The Evolution Continues", address to Ethics in Judging Seminar, Ottawa, Ontario, October 20–22, 2010, extracted from Adam Dodek and Lorne Sossin,
842:, Fourth Session, 32nd Parliament, Friday, June 22, 1984, statement by Hon. Mr. McMurtry, 2768 – 2770. "In my view", said McMurtry in part, "it is clear that this important project has been an outstanding success…Mr. Linden's office has demonstrated a remarkable achievement in this exceptionally difficult area." According to McMurtry, the model had been mentioned as an example by Lord Scarman in the British House of Lords after riots in Brixton, and was also being studied in the United States, Europe, Hong Kong, Bermuda, Jamaica, the Netherlands, Nigeria and Australia.
834:, Osgoode Society for Canadian Legal History, 2013, p. 211-12. Linden was thrown in "at the deep end", but "his intelligence and commitment produced excellent early reports." The statute, The Metropolitan Police Force Complaints Project Act, 1981, was delayed in a minority legislature and finally passed when the government of Bill Davis re-gained majority status. The model developed by McMurtry and Linden had been controversial in many quarters (see for example "Kid-gloves commissioner",
318:) Legal Services Plan, which continues to operate. This was the first plan of its kind in Canada, the result of negotiations over two years between CAW and the major auto manufacturers, and based on similar pre-paid legal service plans in the United States. Linden set up a head office and six branches, with 26 staff and 500 cooperating lawyers. Implementation problems included a dispute with the Law Society of Upper Canada (eventually resolved) over the cooperating lawyer model.
298:, Linden conducted research on police complaints processes, including practices in other jurisdictions, and proposed a model that was adopted by the province. He was subsequently appointed first Public Complaints Commissioner for Metropolitan Toronto and Chair of the Police Complaints Board (1981–85). This was a pilot project, combining elements of both police and civilian oversight, and by 1990 the Board's mandate was expanded to all of
1203:, Second Session, 39th Parliament, October 26, 2010: "The Linden inquiry was good advice: we're following it…" The view that Linden's report was overly sympathetic to native concerns and led to the two-tiered policing model used at Caledonia was put forward by news reporter Peter Worthington and Senator Robert Runciman, who was Solicitor-General at the time of the Ipperwash incident. See Worthington, Peter, "Caledonia Crisis of Facts",
347:, and Linden became its first Chief Judge. Linden's appointment was unusual since he was not a judge at the time of his appointment and had not practiced before the courts since 1979. But Scott felt his achievements as a reformer and administrator eminently qualified him for the file. Linden served as Chief Judge until 1999, his tenure involving many administrative and structural changes, rendered more urgent by the unprecedented
1056:, January 11, 1999. According to Attorney-General Charles Harnick, "Judge Linden has a long history of expertise in administration…He has the stature, the administrative experience and knows legal aid issues." In 1998, the Ontario government enacted the Legal Aid Services Act which established Legal Aid Ontario (LAO) as an independent but publicly funded non-profit corporation, to administer the province's legal aid program.
410:
report on
Aboriginal, police and government relations." He was also commended for handling a delicate and potentially explosive inquiry with skill and diplomacy, affording due consideration to native culture and sensitivities. Most of the report's 100 recommendations were carried out, including the return of Ipperwash Provincial Park to the first nations and the establishment of a provincial Ministry of Aboriginal Affairs.
1034:, 2010. "Chief Justice Linden was an experienced and respected administrator at the time of his appointment in 1990 and these qualities proved to be the genesis both for the original concept and for the development of the MOU. In fact, it is unlikely that the MOU would have been signed unless the Minister had had complete confidence in the Chief Justice's administrative abilities."
375:(LAO), chosen for his administrative expertise and knowledge of legal aid issues. Implementing recommendations of the McCamus Report of 1997, the first comprehensive analysis of Ontario's legal aid system since its inception, Linden led the transformation of LAO from a committee of the Law Society of Upper Canada into an independent, publicly funded non-profit corporation.
421:, in his review of police actions in Caledonia in light of the Ipperwash Report, notes that Linden's analysis of police-government relations "effectively repudiated the hands-off position taken by the McGuinty government concerning Caledonia", and that the government's invocation of the Ipperwash Report to defend its "hands-off" approach had no basis in the report itself.
1165:(Sarnia, Ontario), August 26, 2006, P. A4 (editorial): "Had it not been handled so skillfully, the inquiry could have made things worse…But when it all wrapped up, there was an almost congenial atmosphere…Justice Linden also deserves credit for the great respect he showed for native culture and traditions." Also "Ipperwash judge hopes inquiry heals rift",
355:
memorandum of understanding between the court and the ministry, the first of its kind in Canada. The memorandum transferred financial and administrative authority from the ministry to the court by mutual agreement, ensuring the court's administrative independence and placing it on a more firm financial footing. Linden also served on the board of the
709:"Joint Submission of the Canadian Civil Liberties Association and the Canadian Civil Liberties Education Trust to The Ford Foundation for Grant-in-Aid of an Ongoing Programme in the Field of Civil Liberties and for Special Assistance for "Due Process in Canadian Criminal Law: A Programme for Reform" (1967 unpublished).
1233:, who has written extensively on the Caledonia occupation, concurs, noting that the democratic policing model recommended by Linden got "virtually no public attention", and that a vacuum of policy accountability persisted. See Blatchford, C., "Police operate in vacuum of accountability with aboriginal protesters,"
1228:
55.2 (September 2012), pp. 365 ff. Linden rejected the extremes of "full police independence" and "governmental policing". The
Caledonia occupation began as the Ipperwash inquiry was winding down and before the report had been issued. Sancton suggests that had the Linden model been implemented, there
429:
From 2007 until 2019, Linden was
Ontario's first and only full-time Conflict of Interest Commissioner. The office was established by the Public Service of Ontario Act, 2006, which updated the rules for human resource management and ethics oversight (including disclosure of wrongdoing) for the Ontario
362:
In 1997, the
Canadian Institute for the Administration of Justice presented Linden with its Justice Medal. This award is presented biennially "as a mark of distinction and exceptional achievement to a person who, in the opinion of a panel of independent judges, has shown distinctive leadership in the
260:
He was an early member of the
Criminal Lawyers' Association, serving as vice-president from 1975 to 1979. Linden worked on bail reform as co-director of the Amicus Foundation Toronto Bail Project (1967–68), which used interviews and a scoring system to assess the suitability of prisoners for personal
1065:
In 1996, due to a funding crisis and the inability of the provincial government to continue supplying plan deficits, a review committee was established led by
Osgoode Hall Law School professor John MacCamus. The report (A Blueprint for Publicly-Funded Legal Services) concluded that legal aid should
378:
At the conclusion of his term in 2004, the
Association of Community Legal Clinics of Ontario presented Linden with the Steven Little Memorial Award for "extraordinary commitment to the community legal clinic system marked by leadership and dedication to helping others". In 2005, LAO established the
748:
The Law
Society of Upper Canada Legal Aid Plan, 1979 Annual Report, pp. 11-16. For the report, see Linden, S., and J. Douglas Ewart, "Background Paper for the Legal Aid Committee of the Law Society and the Attorney General: Implications of the Salaried Defender Concept for the Delivery of Criminal
354:
Linden advocated for administrative independence for the judiciary, a topic which had been studied by various task forces and Royal
Commissions. At the time, administration of the court was overseen by the Ministry of the Attorney-General. Linden's efforts in this direction led to negotiation of a
409:
in 1995. Linden spent two years listening to 139 witnesses, 229 days of testimony and was presented with 23,000 documents. His four-volume Report of the
Ipperwash Inquiry was 1,533 pages long. The report was well received by all parties, described by the Law Society of Upper Canada as "a landmark
280:
and worked for the plan's reform. He was co-chair of the Sub-Committee to Study the Delivery of Legal Aid Services, formed April 1978, whose recommendations let to improvements in the plan's capacity and infrastructure. During the plan's infancy, Linden was ejected from court by a judge for
1070:, The Osgoode Society for Canadian Legal History, 2007, pp. 116-117. Linden had "led the way in many areas involving the administration of justice" (117). When appointed, Linden said he was reading the report "every night" ("Legal Aid Ontario will be registered as a charity",
1169:, December 29, 2004. Linden's approach included a forum on native knowledge, a native drum circle and other cultural outreach. An Ojibway elder conferred a sacred eagle feather on Linden to strengthen him in his deliberations ("Gift given to Ippewash judge",
51:
342:
to lead the reorganization of the provincial court system. The Provincial Court (Criminal Division) and the Provincial Court (Family Division) were unified as the Ontario Court (Provincial Division), subsequently renamed the
1237:, January 11, 2013. Of the Linden report, Blatchford says "A more intelligent and sympathetic view of aboriginal and Canadian history would be hard to find." On her documentation of the occupation and police inaction, see
916:, June 29, 1988. "As first indicators, the cases show Linden will judge by the law, and will not order information just for information's sake." See also Linden, S., "Access laws are vital to hold governments to account",
648:, where Linden asked the court to strike down the Criminal Code's indefinite preventative detention of habitual criminals provisions as contrary to the British North America Act and the Canadian Bill of Rights (
379:
Sidney B. Linden Award "to honour exceptional individuals who have demonstrated a commitment to helping low-income people, and have given their time and expertise towards ensuring access to justice in Ontario".
430:
Public Service, and was a specialized arms-length executive agency exclusively concerned with public service ethics. However, in May, 2019, the office ceased to exist and its functions were transferred to the
726:, Vol. 6, No. 2 (December 1968), pp. 316-324. The project was inspired by a similar initiative of the Vera Foundation in New York, and by the work of Professor Martin Friedland of the University of Toronto.
979:, August 27 – September 2, 1990, "Seminars to Explain Court Changes to Lawyers", and "New Chief Judge Advises Lawyers Not to Worry". The new structure was set up by the Courts of Justice Act, 1984.
795:, Osgoode Society for Canadian Legal History, 2013, p. 209; First Annual Report of the Office of the Public Complaints Commissioner and the Police Complaints Board, 1982, p. 1 & Appendix A.
992:, April 25, 1991, for early efforts to address backlog through recent structural reforms. For more on reform of the court 1990–1999, and Linden's role in particular, see chapter 3, "
244:
in 1964. He was called to the bar in 1966. Linden became well known as a lawyer specializing in criminal defence and civil liberties, a number of his cases receiving public notice.
261:
bail or release on recognizance, thereby countering the tendency of then bail system to favour individuals with financial means. He was also a contributing editor (justice) for
1393:
417:, Ontario, where police were accused of ignoring unlawful acts by natives and failing to protect residents from harassment and abuse. However, Professor Andrew Sancton of the
1013:"Self-Government and the Judiciary", address of Chief Judge Sidney B. Linden, Ontario Court of Justice (Provincial Division) to Ontario Judges Association (May 21, 1992),
413:
The government of Premier Dalton McGuinty maintained that it was following Linden's recommendations in dealing with the subsequent and more chaotic native occupation in
327:
431:
664:, where Linden argued (successfully, though reversed on appeal) that mandatory minimum sentences for drug possession were contrary to the Bill of Rights (
294:
A number of studies had been conducted on the subject of how to deal with public complaints about police conduct. At the request of then Attorney-General
1383:
778:, Vol. 11 (1968-69), pp. 354-371; for response of Legal Aid Program Committee of Law Society of Upper Canada see "The Functions of a Duty Counsel",
482:
1403:
963:, May 7, 1990. "There's a lot of lawyers who've been called to the bar since '79…and I know what they're probably saying 'Who is this Linden guy?"
450:
1173:, March 9, 2006), and he was given the name Eagle Eyes at the closing ceremony, which included native participation ("Inquiry comes to a close",
351:
decision (almost contemporaneous with his appointment), which led to thousands of criminal cases being dismissed because of unreasonable delay.
758:
The presiding judge was not familiar with, or amenable to, this recent innovation. "Judge orders legal aid lawyer removed from his courtroom",
1398:
1135:, January 4, 2004, for some of the outstanding questions about the shooting still current at the time the inquiry was established. See also
579:
248:
241:
171:
434:, an independent officer of the legislature, in order to create a single ethics oversight body, a reform which Linden had long advocated.
1388:
608:, June 1975, pp. 6-7. Brief biographies of 14 top lawyers in Canada. At 36 Linden was the second-youngest. Cases of note included
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1332:
339:
1378:
418:
472:
277:
233:
167:
1229:
may have been less ground for the successful $ 20 million lawsuit against the Crown by Caledonia residents. Reporter
660:, February 3, 1971, February 12, 1971, February 15, 1971, February 26, 1971, and March 2, 1971), and similarly again
1152:, June 1, 2007 "all sides believed to be fair and reasonable." Law Society of Canada Biography of Sidney B. Linden.
1373:
1199:
For just one example of the government's invocation of the Ipperwash Report to defend its policy in Caledonia, see
516:
406:
344:
209:
66:
870:, July/August 1986, pp. 39-42. On the dispute with the Law Society, see "Law society, auto union reach pact",
269:
574:
988:
See "Justice system seeks fast track: Worst of backlog over, courts aim for trials within reasonable time",
1368:
882:, August 3, 1986. On the success of the plan see "Success of prepaid legal services could set a trend",
584:
476:
311:
163:
263:
1084:
1363:
997:
739:
see for example March 22, 1976, "Because of Morgentaler, one law will change - and maybe two", p. 55.
1230:
252:
247:
Linden was executive director and the first full-time general counsel (1966–67) for the fledgling
1187:
444:
204:
40:
1250:"Conflict of Interest Commissioner's Office to Merge into Integrity Commissioner's Portfolio",
1043:
See website Canadian Institute for the Administration of Justice – Recipients of Justice Medal.
774:, July 18, 1969; for Judge Bolsby in his own defence see "Duty Counsel in Magistrate's Court",
700:
The association had been formed in 1965 from the pre-existing Association for Civil Liberties.
575:"Alumnus Sidney B. Linden named to the Order of Canada | University of Toronto Faculty of Law"
394:
388:
372:
338:
In 1990, Linden's tenure at the IPC was cut short when he was tapped by then Attorney-General
993:
371:
In 1999, Linden was appointed the first chair of the Board of Directors of the reconstituted
1136:
488:
398:
237:
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36:
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356:
920:, July 22, 2002 (comment), for some of Linden's reflections on the office and its success.
494:
461:
196:
32:
23:
1108:
1357:
1239:
Helpless: Caledonia's Nightmare of Fear and Anarchy, and How the Law Failed All of Us
636:, involving deportation of a Portuguese immigrant with a falsely validated passport (
456:
402:
62:
359:, an independent, not-for-profit judicial education institution, from 1995 to 1999.
1085:"Congratulations to Order of Ontario honouree Sidney B. Linden | Legal Aid Ontario"
295:
134:
545:
1066:
no longer reside with the Law Society of Upper Canada. See Friedland, Martin L.,
1264:
50:
1211:, July 12, 2011; Robert Runciman, "Inquiry Needed into Caledonia Occupation",
158:
1224:
Sancton, A., "'Democratic Policing': Lessons from Ipperwash and Caledonia",
414:
276:
Linden was a supporter and active participant in the Legal Aid Plan of the
886:, February 3, 1986, and "Auto workers hail revolutionary legal aid plan",
1306:
1207:, November 13, 2010, and "Inquiry into Caledonia settlement not needed",
694:"A Milestone for Canadian Civil Liberties: The Battle Lines are Drawn".
401:, established to investigate the shooting death of aboriginal protester
299:
213:
116:
112:
852:"Police complaints chief leaving to run auto workers' benefit plan".
521:
University College, The Founding College of the University of Toronto
315:
217:
1201:
Hansard Official Report of Debates – Legislative Assembly of Ontario
973:
Hansard Official Report of Debates – Legislative Assembly of Ontario
878:, December 6, 1985, and "A sensible solution to expensive justice",
840:
Hansard Official Report of Debates – Legislative Assembly of Ontario
722:, April 6, 1968. Also Frank N. Willams, "The Toronto Bail Project",
612:, involving questionable police confiscation of obscene materials (
348:
1028:
A Place Apart: Judicial Independence and Accountability in Canada
946:, December 7, 1989; "Ontario urged to solve "junk fax" problem",
1270:. Office of the Secretary to the Governor General. 11 June 2018.
624:, involving heavy fines for masseurs in an alleged bawdy house (
251:. Under his direction, the association applied for a grant from
306:
Executive Director of Canadian Auto Workers Legal Services Plan
656:
which involved indefinite detention of a convicted pedophile (
1337:
Ministry of Citizenship, Immigration, and International Trade
212:
and a judicial reformer and administrator in the province of
821:, Osgoode Society for Canadian Legal History, 2013, p. 211.
808:, Osgoode Society for Canadian Legal History, 2013, p. 210.
770:, July 17, 1969; "Judge rapped on legal aid man's ouster",
899:"Freedom of information underpins democracy", Linden, S.,
540:
538:
310:
From 1985 to 1988, Linden was Executive Director of the
676:, February 23, 1976). Linden's murder trials included
604:"Legal Eagles: It's Like Having God in Your Corner",
1333:"Order of Ontario Appointees by year of Appointment"
281:
attempting to represent an accused as duty counsel.
942:"Don't collect AIDS data, watchdog advises firms",
766:, July 18, 1969; "Wishart wants report on ouster",
762:, July 17, 1969; "A bad day in court" (editorial),
393:In 2004, Linden was appointed Commissioner for the
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16:Former Chief Judge of the Ontario Court of Justice
874:, December 3, 1985, "Making justice affordable",
552:. Office of the Secretary to the Governor General
1109:"The Sidney B. Linden Award | Legal Aid Ontario"
1017:, Volume XXVII, Number 1, March 1993, pp. 71-77.
267:and a member of the founding editorial board of
328:Information and Privacy Commissioner of Ontario
322:Information and Privacy Commissioner of Ontario
1068:My Life in Crime and Other Academic Adventures
866:Drysdale, C., "The law according to Linden",
425:Conflict of Interest Commissioner for Ontario
8:
749:Legal Services in Ontario", October 5, 1978.
1394:University of Toronto Faculty of Law alumni
334:Chief Judge of the Ontario Court of Justice
49:
18:
718:See "Amicus: Friends To The Friendless",
569:
567:
1190:(Government of Ontario webpage summary).
1004:(eBook), Ontario Court of Justice, 2015.
959:"Linden eager to tackle judicial post",
483:Queen Elizabeth II Diamond Jubilee Medal
326:In 1988, Linden was appointed the first
1052:"Chief judge heads Legal Aid Ontario",
994:One Court: A New Structure, A New Focus
912:"Information is freed, but carefully",
505:
451:Queen Elizabeth II Golden Jubilee Medal
363:administration of justice in Canada".
1131:See "Long-awaited probe gearing up,"
998:Sidney B. Linden: Institution Builder
471:2013: Alumni of Influence Award from
7:
580:University of Toronto Faculty of Law
511:
509:
432:Office of the Integrity Commissioner
249:Canadian Civil Liberties Association
242:University of Toronto Faculty of Law
1015:Law Society of Upper Canada Gazette
1002:Ontario Court of Justice: A History
517:"The Hon. Justice Sidney B. Linden"
273:, first published in October 1977.
1265:"Linden, The Honourable Sidney B."
383:Commissioner for Ipperwash Inquiry
255:to improve its financial position.
14:
782:, Vol. 12 (1969-70), pp. 124-131.
1032:Judicial Independence in Context
996:," and on Linden in particular "
1384:Members of the Order of Ontario
1286:The Law Society of Upper Canada
678:R. vs. Tennant & Naccaratto
467:The Law Society of Upper Canada
208:is a former Chief Judge of the
1404:Members of the Order of Canada
1226:Canadian Public Administration
652:, January 7, 1970), similarly
290:Police Complaints Commissioner
1:
419:University of Western Ontario
1399:University of Toronto alumni
838:, September 1984). See also
682:R. vs. French & Urbanick
622:R. v. Kallhartt & Brooks
357:National Judicial Institute
278:Law Society of Upper Canada
1420:
1026:See Friedland, Martin L.,
780:The Criminal Law Quarterly
776:The Criminal Law Quarterly
386:
367:Chair of Legal Aid Ontario
79:April 1990 – 1999
1161:"Inquiry inspires hope",
931:Decisions and Resolutions
407:Ipperwash Provincial Park
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83:
72:
57:
48:
1188:Ipperwash Inquiry Report
1148:"Who is Sidney Linden?"
903:, August 19, 2002, p. 7.
724:Osgoode Hall Law Journal
345:Ontario Court of Justice
228:Linden graduated with a
210:Ontario Court of Justice
67:Ontario Court of Justice
1389:Canadian King's Counsel
1339:. Government of Ontario
832:Memoirs and Reflections
819:Memoirs and Reflections
806:Memoirs and Reflections
793:Memoirs and Reflections
523:. University of Toronto
546:"Linden, Sidney Bryan"
1252:Queen's Park Briefing
644:, October 27, 1967),
632:, February 8, 1973),
620:, December 9, 1967),
616:, December 16, 1967;
585:University of Toronto
477:University of Toronto
312:Canadian Auto Workers
164:University of Toronto
1379:Lawyers from Toronto
1313:. University College
1254:, November 20, 2018.
1074:, January 18, 1999.)
672:, January 17, 1976;
668:, January 17, 1976;
640:, October 27, 1967;
628:, February 8, 1973;
493:2016: Member of the
145:Cary, Neil, Jonathan
1311:Alumni of Influence
1231:Christie Blatchford
1177:, August 25, 2006).
253:The Ford Foundation
193:Sidney Bryan Linden
126:Beverley Joy Linden
97:Sidney Bryan Linden
1268:Honours Recipients
1113:www.legalaid.on.ca
884:The Globe and Mail
876:The Globe and Mail
872:The Globe and Mail
720:The Ottawa Journal
696:Toronto Daily Star
674:Maclean's Magazine
606:Maclean's Magazine
550:Honours Recipients
473:University College
264:Maclean's Magazine
234:University College
168:University College
1374:Judges in Ontario
929:See IPC website,
890:, August 2, 1986.
856:. August 9, 1985.
698:. April 18, 1966.
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389:Ipperwash Inquiry
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63:Chief Justice
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1341:. Retrieved
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1167:Toronto Star
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1133:Toronto Star
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296:Roy McMurtry
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224:Early career
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150:Residence(s)
135:Allen Linden
74:
1364:1938 births
1213:Toronto Sun
1209:Toronto Sun
1205:Toronto Sun
662:R. v. Shand
634:R. v. Nunes
314:(CAW – now
1358:Categories
1118:2015-10-02
1094:2015-10-02
501:References
179:Occupation
159:Alma mater
103:1938-11-09
1072:Law Times
1054:Law Times
977:Law Times
901:Law Times
737:Maclean's
415:Caledonia
397:into the
340:Ian Scott
131:Relations
75:In office
142:Children
1241:, 2011.
465:) from
438:Honours
300:Ontario
214:Ontario
117:Ontario
113:Toronto
65:of the
680:, and
590:3 July
527:3 July
487:2015:
481:2014:
455:2009:
449:2004:
443:1976:
316:UNIFOR
285:Career
218:Canada
170:&
123:Spouse
1343:9 May
1317:9 May
1291:9 May
1000:" in
556:9 May
349:Askov
232:from
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1319:2016
1293:2016
1186:See
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592:2016
558:2016
529:2016
201:OOnt
93:Born
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405:at
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197:CM
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459:(
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166:(
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