Malcolm H. Rowe (born 1953) is a puisne justice of the Supreme Court of Canada. Rowe is the first judge from Newfoundland and Labrador to sit on the Supreme Court.

Malcolm Rowe
Puisne Justice of the Supreme Court of Canada
Assumed office
October 28, 2016[1]
Nominated byJustin Trudeau
Appointed byDavid Johnston
Preceded byThomas Cromwell
Personal details
Born1953 (age 70–71)
St. John’s, Newfoundland, Canada
EducationMemorial University of Newfoundland (BA, BSc)
York University (LLB)

Early life and education

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Rowe was born in 1953 in St. John’s, Newfoundland and Labrador, to parents who grew up in the province's small fishing communities.[2][3]

Rowe attended Memorial University of Newfoundland, where he earned a Bachelor of Science and a Bachelor of Arts in political science. He studied at York University's Osgoode Hall Law School from 1975–78 and graduated with a Bachelor of Laws.[4]

Career

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Rowe was called to the bar by the Law Society of Newfoundland and Labrador in 1978 and The Law Society of Upper Canada (Ontario) in 1986.[4]

Before becoming a judge, Rowe worked in the Canadian foreign service.[3] He also started his own private practice in Ottawa that focused on Canadian constitutional law, foreign affairs, and arbitration over maritime boundaries.[4] He was an adviser for Progressive Conservative cabinet minister John Crosbie and Liberal cabinet minister Brian Tobin,[4] and served as secretary to Newfoundland and Labrador's cabinet after Tobin returned as premier.[3][2]

He was appointed to the Supreme Court of Newfoundland and Labrador (Trial Division) in 1999. He was elevated to the Supreme Court of Newfoundland and Labrador (Court of Appeal) in 2001,[2] where he served for 16 years.[5]

Rowe also taught public and constitutional law as a lecturer at the University of Ottawa for two years.[4]

Supreme Court of Canada

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Rowe was nominated by Prime Minister Justin Trudeau in October 2016 to sit on the Supreme Court of Canada, succeeding Justice Thomas Cromwell who retired that September. Rowe is the first judge from Newfoundland and Labrador to sit on the Supreme Court.[2] Rowe's appointment was the result of a process newly instituted by Trudeau in which any jurist in Canada was invited to apply to a seven-member committee headed by former Progressive Conservative Prime Minister Kim Campbell.[3] Rowe's appointment to the court was effective October 28, 2016,[1] and he was formally sworn in at a private ceremony on October 31, 2016.[6]

In March 2021, the Supreme Court found that the federal government's carbon price regime is constitutional. Rowe was one of three dissenting justices. He concluded that the federal government's carbon price law was unconstitutional because it interfered with areas of exclusive provincial jurisdiction.[7]

Personal life

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Rowe was married to Moya Greene, with whom he has a grown daughter.[8]

References

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  1. ^ a b "News Release". Supreme Court of Canada. October 28, 2016. Archived from the original on May 11, 2017. Retrieved October 31, 2016.
  2. ^ a b c d Tasker, John Paul (October 17, 2016). "Newfoundlander Malcolm Rowe nominated as next Supreme Court justice". CBC News. Archived from the original on May 21, 2019. Retrieved October 17, 2016.
  3. ^ a b c d Fine, Sean (October 17, 2016). "Trudeau appoints Newfoundland's Malcolm Rowe to Supreme Court". The Globe and Mail. Archived from the original on May 10, 2017. Retrieved October 17, 2016.
  4. ^ a b c d e MacCharles, Tonda (October 17, 2016). "Trudeau names Malcolm Rowe as the first Newfoundland judge to the Supreme Court of Canada". thestar.com. Toronto Star. Archived from the original on October 17, 2016. Retrieved October 17, 2016.
  5. ^ "Malcolm Rowe officially welcomed to Supreme Court bench" Archived 2016-12-04 at the Wayback Machine. Toronto Star, Terry Pedwell of The Canadian Press, Dec. 2, 2016 pageA10.
  6. ^ "News Release". SCC Cases (Lexum). Supreme Court of Canada. January 2001. Archived from the original on 3 November 2016. Retrieved 1 November 2016.
  7. ^ "The Supreme Court rules Canada's carbon price is constitutional. It's a big win for Justin Trudeau's climate plan". Toronto Star. 2021-03-25. Retrieved 2021-03-25.
  8. ^ Schmitz, Cristin (15 December 2016). "Fisherman's son Rowe seen as 'great catch' for top court". The Lawyer's Daily. Retrieved 27 March 2021.
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