Talk:Beverley McLachlin

Latest comment: 3 years ago by Magnet larry in topic As a Hong Kong judge & Allegiance to Hong Kong

Biography assessment rating comment

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The article may be improved by following the WikiProject Biography 11 easy steps to producing at least a B article. --KenWalker | Talk 20:27, 23 June 2007 (UTC)Reply

As far as I can tell, you don't say "Rt. Hon. Madam Chief Justice" for the same reason you wouldn't say "Rt. Hon. Mr. Chief Justice." - Montrealais

Perhaps she gets the extra title because she served as Deputy Governor General that time... but I'm not sure about that or whether it would follow her afterwords Melander 07:08, 22 March 2007 (UTC)Reply

Children

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"She has one son by her first marriage to Roderick McLachlin, who died in 1988." - does this mean her son died, or her husband died ? I think it means her husband but its a little confusing Dowew 16:04, 23 December 2005 (UTC)Reply

I think I fixed the offending sentence properly... It was tough to word. Bravado 01:41, 13 February 2006 (UTC)

Deputy Governor General

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Would it be appropriate to include here that Mme. McLachlin is also the Deputy Governor General of Canada? FiveParadox 06:52, 14 March 2006 (UTC)Reply

She is only one of nine.
True enough. :) Would it be appropriate then, to mention that she is one of nine Deputy Governors General? FiveParadox 20:49, 15 March 2006 (UTC)Reply
I think it would be more than appropriate to add that she holds these responsibilities, with a note that she shares them with the puisne judges of the Court. PoliSciMaster 02:56, 16 March 2006 (UTC)Reply
Why not just put it in the articles for Chief Justice of Canada and/or Puisne Justice? The duty is not unique to her and is general enough that it doesn't seem worth noting in every judge bio. --PullUpYourSocks 14:37, 22 March 2007 (UTC)Reply

Missing picture

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What happened to the picture of Ms. McLachlin? Did someone suddenly decide that it was invalid? NorthernThunder 01:19, 6 May 2007 (UTC)Reply

contradiction

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"This was also seen to an extent in her decision of R. v. Sharpe where she upheld the child pornography criminal provisions, but limited it by excluding imaginative works that are for private use. During this, she also ruled that the laws should apply to fictional depictions, declaring that 'person' would include fictional people as well as real people."

The two sentences seem to conflict. Am I missing something, because one says is excludes imaginative works, and the other says it she said it should apply. --74.243.5.25 (talk) 19:35, 17 April 2009 (UTC)Reply

GG duties

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We'll need a source, to point out that McLachlin will be performing the Governor-General duties from Sept 27 to Oct 1, 2010 (Jean's resignation to Johnston's swearing in). GoodDay (talk) 15:34, 27 September 2010 (UTC)Reply

You won't find one because it isn't true. Here is a media release from Rideau Hall announcing Jean's official functions in her final week as GG. She has not resigned, and will remain GG until her successor is sworn in on Friday. http://www.gg.ca/document.aspx?id=13868 PoliSciMaster (talk) 20:02, 27 September 2010 (UTC)Reply

Timeliness

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Why is this so out of date? --Michael Goodyear (talk) 21:17, 22 December 2013 (UTC)Reply

More content needed

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We need to add more content on rulings. She is a very influential person in Canada, and given her long tenure as Chief Justice, more info about her rulings is needed.OnBeyondZebrax (talk) 16:21, 3 May 2014 (UTC)Reply

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Ontario flag Suggestion

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there is an ontario flag on the line with the ll.d. given her by the university of manitoba?! sorry, but fixing it is beyond my ken.Toyokuni3 (talk) 19:35, 5 December 2016 (UTC)Reply

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As a Hong Kong judge & Allegiance to Hong Kong

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Citobun (talk · contribs) Hello. I notice that you have deleted an edit that I made. And I cited a few references to show that non-permanent judges from other common law jurisdictions are considered as local Hong Kong judges.

These references include a statement made by another current judge of the court, saying "It is clearly not universally understood that the composition of the CFA includes a panel of overseas non-permanent judges who form part of the Hong Kong Judiciary. The status of those judges as Hong Kong judges is a matter of surprise and confusion to some unfamiliar with our legal system." I also cited the current law of Hong Kong, namely, Section 17, Part V of Schedule 2, and Part I of Schedule 3 of the "Oaths and Declarations Ordinance".. And another reference I was about to cite, which I now think it's better to talk over here first, is that Lord Sumption who is another non-permanent judge from the UK in exactly the position as Judge McLachlin has also made the same claim, "As a Hong Kong judge I serve Hong Kong people." "Calls for UK judges to quit are 'out of order'".

I wonder why non-permanent judges from other common law jurisdictions are not considered as local Hong Kong judges.--Magnet larry (talk) 09:12, 26 March 2021 (UTC)Reply

sorry, apparently, in the above, I forgot to cite the source for Justice Joseph Fok's statement "The Influence of the Australian judges on the Hong Kong Court of Final Appeal" (PDF).--Magnet larry (talk) 09:16, 26 March 2021 (UTC)Reply

@Magnet larry: Your edit seems to contradict the first part of the paragraph, which states: "The court appoints foreign judges from common-law jurisdictions outside of Hong Kong, of which McLachlin is the first Canadian, to sit as non-permanent members of the court." I don't think anyone disputes that these "foreign judges" thereby serve as "Hong Kong judges". Of course an individual serving as a judge in Hong Kong is a Hong Kong judge. So your edit is confusing. It almost seems to suggest that McLachlin's citizenship changed the moment she took the oath. Since that's not the case, I don't understand what the purpose of mentioning the oath is. And I would leave out the word "local" since it heavily connotes someone hailing from Hong Kong. Citobun (talk) 09:23, 26 March 2021 (UTC)Reply
@Citobun: and this is exactly why I wanted to clarify about it, and so did Justice Joseph Fok. As Justice Fok clearly said so, "the status of those judges as Hong Kong judges" can be confusing. It is because before they take their oaths, they are still "foreign". But the moment when they take the oath and pledge their allegiance to Hong Kong, they become Hong Kong judges instead of merely "foreign". This is also why Lord Sumption claimed, just very recently, "As a Hong Kong judge". Lord Sumption didn't say he was a foreign judge in Hong Kong. He was very straight forward and stated clearly that he was a Hong Kong judge. No ambiguity. And so, it is pretty clear that non-permanent judges from other common law jurisdictions are Hong Kong judges (once they take their oaths).--Magnet larry (talk) 09:41, 26 March 2021 (UTC)Reply
@Citobun: and as to purpose of the edit, it was just as why Justice Joseph Fok wanted to clarify and emphasise it in his speech. And it was not meant to be mixed up as a citizenship oath because my original edit stated it was "a judicial oath".--Magnet larry (talk) 09:58, 26 March 2021 (UTC)Reply
@Citobun: and also, if it had been very obvious that she was a Hong Kong judge, perhaps my original edit wouldn't have seemed too contradictory, would it? How about this, if I edit it into something like the following, what do you say?
...to sit as non-permanent members of the court. Thus, she was given the status as a Hong Kong judge, but not merely a visiting foreign judge, which may occasionally cause confusion to some. This status was bestowed upon her when she took the Hong Kong judicial oath. Her three-year appointment...
--Magnet larry (talk) 10:27, 26 March 2021 (UTC)Reply