¹ See 12 Canadian Yearbook of International Law 67–110 (1974); vol. 13, at 225–80 (1975); vol. 14, at 824–57 (1976).

² See the section entitled “General Information” (Historical Outline), in University of Victoria Calendar, 1979–80, at 6. The link with McGill is discussed fully in Corbett, E. A., Henry Marshall Tory: Beloved Canadian 51–85 (Toronto: Ryerson Press, 1954)Google Scholar; Frost, Stanley Brice, McGill University for the Advancement of Learning, Volume 2, 1895–1971 (Montreal: McGill-Queen’s University Press, 1984)Google Scholar; and for a brief account, see Frost, Stanley Brice, “When McGill Went West,” McGill News, Fall 1981, at 8–9.Google Scholar

³ Fraser, F. M., “The Faculty of Law at the University of Victoria,” (1977) 3 Dalhousie L.J. 828 Google Scholar; Fraser, F. M., “Recent Developments in Legal Education: The Victoria Experience,” (1979) 13 U.B.C. Law Rev. 221, 224.Google Scholar

⁴ For Chief Justice Laskin’s remarks, see the Proceedings of a Special Programme and Convocation, April 2 and 3, 1976, at 23.

⁵ In 1978, when three full years were in session, total enrolment was 180; in 1980 it was 208; in 1982–83 it had reached 283 (still a very small figure), with 25 full-time faculty, resulting in one of the best staff-student ratios in the country. Beginning in 1980, the faculty admitted an entering class of 100 students into the first year. The building and the curriculum had been designed for a first-year entering class of 100 students, and a dean stated that “I do not foresee any circumstances that would cause us to change this number” (letter from Dean Lyman R. Robinson, dated May 16, 1983). “Those who had been responsible for the initial planning envisaged an enrolment of modest size in a relatively small university where interdisciplinary teaching, study and research would develop easily and the study of contemporary issues of public law and legislation would evolve as an area of major interest”: Fraser, F. M., in (1977) 3 Dalhousie L.J. 828.Google Scholar

⁶ The building is named the Begbie Building, in memory of the first Chief Justice of the province of British Columbia, “a fine tall fellow of six feet, well made and powerful, magnificent head, hair scanty and nearly white, with nearly black moustache and beard, full of wit”: Williams, David R., The Man for a New Country 223 (Sidney, B.C.: Gray’s Publishing Ltd., 1977).Google Scholar Begbie, described by Williams (at 270) as “the link between the old and the new in the history of this young province,” had a passing interest in educar tion, in that he helped to found the College School in Victoria, at which he became an examiner in mathematics and classics. A popular account of the present-day law school by William Monopoli, entitled “New Teaching Watched Closely,” appeared in The Financial Post, October 10, 1981, at 32.

⁷ Fraser, F. M., “Recent Developments in Legal Education: The Victoria Experience,” (1979) 13 U.B.C. Law Rev. 221, 225.Google Scholar See, too, the brochure entitled Faculty of Law University of Victoria, 1982–1983, at 13–14, referring to the faculty’s emphasis on public law, legal process, integration of the first-year courses, legislation, legal drafting, interviewing, counselling, negotiation, and advocacy (practical skills for business transactions).

⁸ Letter from J. E. R. Ellis, dated October 24, 1979, at 1.

⁹ University of Victoria Faculty of Law Calendar, 1980–1981, at 27.

¹⁰ Letter from J. E. R. Ellis, dated October 24, 1979, p. 3.

¹¹ Ibid., 1 and 3.

¹² For obituary notices, see (1982) 40 The Advocate 142; Victoria Times-Colonist, Saturday, February 6, 1982; Vancouver Province-Sun, Saturday, February 6, 1982; Hearsay (Dalhousie Law School Forum), vol. 7, no. 1, Summer 1982, at 32.

¹³ The course never really seems to have taken hold, let alone got “off the ground.” In 1981–82, it was taught to 10 or 12 students of the second and third years, and this seems to have been the average attendance. The would-be emphasis on public law at Victoria has had to take account of the demands of the students and of the requirements of the local bar.

¹⁴ For background information, see Weston, P. E., “A University for Calgary,” (1963) 11 Alberta Historical Review 1–11 Google Scholar; Harris, Robin S., A History of Higher Education in Canada, 1663–1960, at 225 (Toronto: University of Toronto Press, 1976)Google Scholar; The University of Calgary Calendar, 1983–84, at 11; MacGregor, James G., A History of Alberta 224, 306 (Edmonton: Hurtig Publishers Ltd., 1981),Google Scholar stating that Calgarians had long rankled at having been “defrauded” of their university in 1907. Calgary was founded in 1875.

¹⁵ Submission on the Bachelor of Law Curriculum, Faculty of Law, University of Calgary, September 1978, at 1 (mimeograph). See, too, The University of Calgary Faculty of Law Calendar, 1981–82, at 6, where a brief historical summary appears. Each annual calendar contains basically the same account of the historical background.

¹⁶ Ibid., 1. A law school had been started in 1913 as part of the old Calgary College, but it closed in 1914 upon the outbreak of the First World War. For a brief historical reference, see the Calendar of the Faculty of Law, University of Calgary, 1976–77, at 8; and for reminiscences of Lloyd H. Fenerty, one of the three original faculty members, the other two being J. A. E. McLeod and W. Kent Power, see Ansul (Dalhousie Law School Forum), December 1977, at 5.

¹⁷ The University of Calgary Faculty of Law Calendar, 1981–82, at 1. The earlier calendars (1976, 1977, and 1978) contain a “message from the Dean.” By 1981, the dean’s message had been replaced by a note on “The Changing Face of Canadian Legal Education,” Faculty of Law Calendar, 1981–82, at 9.

¹⁸ For a description of the general curriculum and an account of achievements in other areas, such as the establishment of a Canadian law teaching clinic and the Alberta legal history project, see “The Springing Use,” University of Calgary Faculty of Law Newsletter, January 1979. Each student is required to participate in an intensive practicum which is designed to bring together theory and practice in a deliberative environment. Practicums are offered in family law, criminal justice, business planning, and natural resources law. The establishment of a Canadian Institute of Resources Law under the auspices of the law school has contributed significantly to the strength of the resources law program. For details, see “The Springing Use,” May 1980, and any copy of the law school calendar. Illustrative of the work of the institute is a 1979 study on the impact of government regulation on the oil and gas industry in frontier areas. For faculty assessment of the curriculum at the end of the first year of the school’s operation, acknowledging the influence of Victoria, Osgoode, and Queen’s, see McLaren, J. P. S. and Lucas, A. R. in Legal Education at Calgary: Beyond Socrates — Proceedings of a Symposium held at the Faculty of Law, April 22, 1977, at 1–4.Google Scholar

¹⁹ The University of Calgary Faculty of Law Calendar, 1978–79, at 28.

²⁰ Letter from Laura M. Safran, dated December 18, 1979, at 1.

²¹ Letter from Professor Constance Hunt, dated October 24, 1979, at 2. However, according to Laura Safran, the first instructor in the subject, the curriculum was oriented “to the extreme degree” to the day-to-day practice of law in Alberta, with the result that courses such as international law have had “little or no place … in the curriculum” : letter from Laura M. Safran, dated December 18, 1979, at 1.

²² Letter from Ian Townsend Gault, dated February 23, 1982, at 2. Twenty-two students were enrolled in 1981 and seventeen in 1982; in addition, there were eight directed students in international law in 1981 and two in 1982.

²³ Ibid., 3.

²⁴ Ibid., 3. The school participated in the Canadian Round of the Jessup Moot in 1980, 1981, and 1982; competition for team membership was keen.

²⁵ There is also a discernible emphasis on corporation law and finance. In 1979, Laura M. Safran commented as follows: “I ardently believe there is an important place for International Law in the Canadian professional law school and that, in fact, some knowledge of the basic tenets of the subject is fundamental to a well-rounded legal education. Moreover, it would seem to me that such specialized topics as Law of the Sea, Environmental Law, Air and Space Law and International Economic Resources Law are increasingly relevant legal areas in practice.... Although International Law may have less day-to-day relevance to Canadian law students than to students in, for example, the E.E.C, countries, I can only suggest that the teaching of the subject could be strengthened by emphasizing the more practical and problematic areas of International Law within the Canadian context and perhaps relating those areas to issues of domestic legal concern, e.g., Law of Treaties and International Organizations as a form of contractual law, International Resources problems as related to issues of domestic resources concerns.” Letter from Laura M. Safran, dated December 18, 1979, at 1.

²⁶ “Duplessis had a little drill, a ceremony of episcopal mendicance to which he submitted the bishops whom he considered hostile, or whom he chose for any capricious reason to remind of their financial embarrassment. There was a pecking order even in this”: see Black, Conrad, Duplessis 509 (Toronto: McClelland and Stewart Ltd., 1977).Google Scholar According to Black (p. 571), Cabana was a “wild eyed conservative,” whose views “were at times incompatible with the twentieth century.” The committee feared opposition from existing universities in Quebec, francophone as well as anglophone. It is fascinating to find that Mgr. Desrauleau toyed with the idea of having the Jesuits buy out Bishops College in Lennoxville: see Rumilly, Robert, Maurice Duplessis et son temps 474–75, 480–81 (Montreal: Fides, Vol. 2, 1973).Google Scholar

²⁷ The university opened its doors in September 1954. It comprised a faculty of arts, located at the seminary, under the direction of Dean Roger Maltais; a faculty of law, situated in the courthouse, under the direction of Dean Albert Leblanc; and a faculty of science, housed in the école supérieure, under the direction of Mr. Armand Grépeau. There were 144 students in full-time attendance, of whom only 2 were women. Since 1954, the university has added faculties of commerce, education, theology, medicine, and physical education. By i960 it was detached both physically and administratively from the Seminary of St. Charles: new buildings were built on the west campus and the number of full-time students climbed from 144 in 1955 to 6,751 in the winter term of 1980. For an early note on the law school, see Crépeau, Richard, “La Faculté de droit de l’Université de Sherbrooke,” (1963–64) 15 U. of Toronto L.J. 436.CrossRefGoogle Scholar For background information on ail aspects of the university, see the pull-out section, entitled “25 Ans d’université à Sherbrooke,” in La Tribune, Sherbrooke, October 13, 1979.

²⁸ Letter from Pierre Blanche, dated January 18, 1982. It seems that from the start of the teaching of international law at Sherbrooke (whatever the exact date was) until the year 1968, the course was offered to first-year students. Then, in 1968–69, it was offered to third-year students, but, as first-year students had already taken it, the course was not actually taught in 1968–69.

²⁹ Nicole Senécal, a Canadian, took a licence en droit at the University of Ottawa and a diplôme d’études supérieures at the Université de Nice; she joined the Department of External Affairs at the end of the 1971–72 academic year and was appointed Press Secretary to Prime Minister Trudeau in 1982.

³⁰ Annuaire, Faculté de droit, Université de Sherbrooke 1971–72.

³¹ To judge by the two-hour final examination paper of April 24, 1972, which consisted of a fourteen-question, true-false text, this was a very elementary course indeed.

³² Annuaire, Faculté de droit, Université de Sherbrooke, 1972–73.

³³ Annuaire, Faculté de droit, Université de Sherbrooke, 1973–74.

³⁴ Annuaire, Faculté de droit, Université de Sherbrooke, 1974–75.

³³ Annuaire, Faculté de droit, Université de Sherbrooke, 1977–78.

³⁶ His course on international transactions encompasses most legal aspects of international trade: customs and non-tariff barriers; transnational contracts (sale, transportation, insurance) ; foreign investment and its regulation; transnational payments; choice of law; and settlement of commercial disputes, including international commercial arbitration.

³⁷ Annuaire, Faculté de droit, Université de Sherbrooke, 1978-79. This fascinating course includes a comparative study of the organization, financing, and delivery of health services in different countries; reference is made to Vitta, C., “Le droit sanitaire international,” 33 Recueil des cours, Académie de droit international (III) 549 (1930)Google Scholar; Bélanger, M., “Une nouvelle branche du droit international: Le droit international de la santé” (1982) 13 Etudes internationales 611 CrossRefGoogle Scholar; “Le droit de la santé en tant que droit de l’homme,” Colloque, Académie de droit international, 1978; Torelli, M., Le médecin et les droits de l’homme (Paris: Berger-Levrault, Collection “Mondes en devenir,” 1984)Google Scholar; “L’O.M.S. et le nouvel ordre économique international,” (1976) 30 Chronique de l’O.M.S. 235; “L’élément santé dans la protection des droits de l’homme,” (1976) 30 Chronique de l’O.M.S.; Ruderman, P., “Public Health and the Human Environment,” in Macdonald, , Johnston, , and Morris, , The International Law and Policy of Human Welfare (The Hague, 1979).Google Scholar Reference is also made to specialized studies on WHO, the International Health Regulations, the Red Cross and Humanitarian Law, and acid rain, among others.

³⁸ Letter from Claude C. Emanuelli, dated June 15, 1983.

³⁹ Letter from Stanislas Slosar, dated January 15, 1982, at 2. In 1983, Professor Slosar further explained: “I used my own materials, partly written by myself, partly a digest of published texts in French (mainly) and in English. Since my course concentrated mainly on the Canadian side of International Legal problems, the origin of the digested texts was mainly Canadian (judgments, doctrine, official statements), although I did use any suitable international documents as well as U.S., French and Commonwealth texts. French text books, as excellent as they are with respect to the general understanding of the international law, obviously ignore Canadian aspects of the subject-matter and are too theoretical for our students. Consequently, I have never recommended them as readings, except for an occasional excerpt. Neither could I, for linguistic reasons, require the use of any text book or digest written in English. The French version of Williams and de Mestral’s text book, which I would have required in spite of its shortcomings, was published after I stopped teaching” : letter from Stanislas Slosar, dated July 25, 1983, at 2. Professor Slosar left the faculty at the end of the 1980–81 academic session; he served with the Department of External Affairs from September 1981 to May 1983, and thereafter with the International Joint Commission in Ottawa.

⁴⁰ However, it is important to recall that, as a matter of statutory requirement, law students may be admitted to a Quebec law school on the basis of a CEGEP diploma without necessarily holding a university degree. This means that the civil law students in Quebec enter at the age of 18 or slightly over, and therefore are generally younger than the common law students in other provinces. For background information, see Report of the Royal Commission of Inquiry on Education in the Province of Quebec, Part Two: The Pedagogical Structures of the Educational System (Parent Commission, 1964). The total number of law students at Sherbrooke was 494 in 1979, 480 in 1980, and 495 in 1981.

⁴¹ Report of the Royal Commission on Higher Education in New Brunswick (Fredericton, New Brunswick, June 1962). For historical background, see Université de Moncton Calendar, 1980–81, at 20–22.

⁴² Bastarache, Michel, “Teaching the Common Law in the French Language,” (1984) 7 Dalhousie L.J. 348.Google Scholar

⁴³ The name “Acadie,” spelled “Arcadie,” first appeared in 1524 when the Italian explorer, Giovanni Verrazano, visited the Atlantic coast of North America in the name of France. Arriving in the region of present-day Washington in April, he found the vegetation so luxuriant that he named the country “Arcadie,” in remembrance of the region of ancient Greece whose innocence and joie de vivre were celebrated by the poets. The peninsula that Verrazano named Arcadie is today called Delmarva because it covers parts of three American states: Delaware, Maryland, and Virginia. In the seventeenth century, the word Arcadie was applied to the area further north, now known as Nova Scotia and New Brunswick. The letter “r” was dropped and the name became “Acadie.” Contemporary Acadia includes all of the places in the 3 Maritime provinces — New Brunswick, Nova Scotia, and Prince Edward Island — where deported Acadians and their descendants resettled. Acadians are those descendants of the early colonists who peopled Acadia, and, by extension, all persons of French expression or origin living in any of the 3 provinces today. For a comprehensive background, see Jean Daigle (ed.), The Acadians of the Maritimes: Thematic Studies (Moncton: Centre d’études acadiennes, 1982). For a short, easy-to-read study, see Naomi Griffiths, The Acadians: Creation of a People (Toronto: McGraw-Hill Ryerson Ltd., 1973) 94 pp.; and for a larger, one-volume study, see the standard work by Arsenault, Bona, History of the Acadians (Montreal: Editions Leméac Inc., 1978) 268 pp.Google Scholar

⁴⁴ Soberman, D. A., Legal Education in the Maritime Provinces, Report to the Maritime Provinces Higher Education Commission, 1976, at 1, 3.Google Scholar

⁴⁵ Patenaude, Pierre, “The Université de Moncton’s Common Law School: A Unique Experience,” (1980), 6 Dalhousie L.J. 390, 391.Google Scholar

⁴⁶ In addition to Professors Landry and Lockyer, Mrs. Clermont, and Dean Patenaude, the founding faculty for the first academic year (1978–79) included Michel Bastarache, Donald Porier, and John Manwarning: see ibid., 392.

⁴⁷ See Bastarache’s, Michel Rapport du Comité dei Priorités et Objectifs de Développement de l’Ecole de Droit de l’Université de Moncton, June 1980 (mimeographed faculty document).Google Scholar The preamble to Common Law en français, Université de Moncton, 1980-81, states that: “We wish to see our school innovate on the plain of judicial language and reflect its work efforts in the community. We wish to see the law school fully analyze the socio judicial system in New Brunswick, publish documentation on the subject, inculcate in its students a desire to change, to become drafters of the situation instead of being servile executants of a judicial technique which was thought to ensure a socio-economic order in which the Acadians and other francophones outside Quebec were never part of.”

⁴⁸ Pierre Patenaude, supra, note 45, at 391. See also chapter 5 (on education) of Towards Equality of the Official Languages in New Brunswick: Report of the Task Force on Official Languages (Fredericton, 1983).

⁴⁹ Letter from André Braën, dated January 14, 1982.

⁵⁰ Letter from Michel Bastarache, dated August 8, 1980, at 1.

⁵¹ Letter from Michel Bastarache, dated June 19, 1981, at 2.

⁵² Letter from Michel Bastarache, dated May 12, 1983, at 2.

⁵³ Ibid. For the Arthurs Report, see Law and Learning, Report to the Social Services and Humanities Research Council of Canada by the Consultative Group on Research and Education in Law (Ottawa, 1983) 186 pp., reviewed by Maxwell Cohen in (1983) 61 Can. Bar Rev. Unfortunately for Moncton, Professor Bastarache left the university to work for the civil service in Ottawa in 1983. In 1980, the school comprised 68 students and 12 faculty; in 1981, there were 74 students and 13 faculty.

⁵⁴ The Loyalists from New England had lived close to great universities (Harvard, Yale, King’s College, New York, Dartmouth, Brown) and they were determined to establish in their new home the educational facilities which they had already enjoyed in another land.

⁵⁵ McAllister, G. A., “Some Phases of Legal Education in New Brunswick,” (1955) 8 U.N.B. L.J. 33, 35, 37.Google Scholar

⁵⁶ Mcinernay, H. O., “Notes on the Law School History” (1948), 1 U.N.B. L.J. 14 Google Scholar; Ryan, W. F., “The University of New Brunswick Faculty of Law,” (1965–66), 16 U. of Toronto L.J. 172 CrossRefGoogle Scholar; Ryan, W. F., “The U.N.B. Law Faculty,” (1967) 10 Can. Bar J. 43 Google Scholar; University of New Brunswick Faculty of Law Calendar, 1981–82, at 7; Veitch, Edward, “The University of New Brunswick Faculty of Law,” (1984) 7 Dalhousie L.J. 421 (and notes therein).Google Scholar For the general “flavour” of the situation, as seen by the president of the university, see Trueman, Albert W., A Second View of Things: A Memoir 87–110 (Toronto: McClelland and Stewart Ltd., 1982).Google Scholar

⁵⁷ “It is a basic purpose of the Faculty, not only to train students to a high level of competence in legal principles and rules and in the techniques of practice, but to create in them an awareness of the law as a liberal profession, and to convey an understanding of the role of law as a vital instrument in a just and efficient ordering of society”: University of New Brunswick Faculty of Law Calendar, 1973–74, at 7. Writing in 1965, 6 years after the school moved from Saint John to Fredericton, Dean W. F. Ryan observed (in a brief but useful note) that “our immediate problems, although substantial and pressing, are welcome because they reflect progress. . . . We sense that we are within reasonable reach of our goal”: Ryan, W. F., “The University of New Brunswick Faculty of Law,” (1965–66) 16 U. of Toronto L.J. 175.CrossRefGoogle Scholar

⁵⁸ Edward Veitch, supra note 56, at 425.

⁵⁹ La Forest received 2 advanced degrees after he began teaching at U.N.B, in 1956: an LL.M. (1965) and a J.S.D. (1966), both from Yale University, where he was a student of Myres S. McDougal.

⁶⁰ For biographical details, see Whelpton, (ed.), Who’s Who in Canada, 1980–81, at 754 (Toronto: International Press Ltd., 1980).Google Scholar La Forest’s extensive publications include: Disallowance and Reservation of Provincial Legislation (Ottawa, 1955) (reprinted in 1965) ; Extradition to and from Canada (New Orleans, 1961) (and ed., Toronto, 1977); The Allocation of Taxing Power under the Canadian Constitution (Toronto, 1967) (2nd ed., Toronto, 1981); Natural Resources and Public Property under the Canadian Constitution (Toronto, 1969) ; Le territoire québécois (Montreal, 1970) ; Water Law in Canada: The Atlantic Provinces (Ottawa, 1973); “May the Provinces Legislate in Violation of International Law?,” (1961) 39 Can. Bar Rev. 78; “Boundary Waters Problems in the East,” in Canada-United States Treaty Relations 28 (Durham, N.C., 1963); “Canadian Inland Waters of the Atlantic Provinces and the Bay of Fundy Incident,” (1963) 1 Canadian Yearbook of International Law 149; “The Delimitation of National Territory,” (1964) 2 Canadian Yearbook of International Law 233; “Towards a Reformulation of the Law of State Succession,” in Proceedings of the American Society of International Law, 1966, at 103; “Interprovincial Rivers,” (1972) 5° Can, Bar Rev. 39; “Water Law of the Future,” (1973) 51 Can. Bar Rev. 309; “The Labour Conventions Case Revisited,” (1974) 12 Canadian Yearbook of International Law 137.

⁶¹ In 1971–72, Professor A. I. Bulbulia introduced a new course, International Institutions, but it was only offered in that year, after which he went on leave and did not return.

⁶² Letter from Donald J. Fleming, dated June 21, 1982. These materials, first compiled by Hugh M. Kindred in 1980 and revised annually, are an introduction to the subject in two parts. Part A concentrates on the elements of the international legal system, while Part Β exposes major substantive legal principles through illustrative examples. Part Β is accompanied by several “research problems” (e.g., sovereignty over the Falkland/Malvinas Islands, maritime boundaries, transboundary pollution by acid rain, breach of concession agreements, expropriation of foreign investments, and the enforcement of international human rights ), which the students are to prepare and present orally. The book was prepared for internal use in a 55-hour course.

⁶³ Letter from Thomas S. Kuttner, dated January 12, 1983, at 3.

⁶⁴ Letter from Donald J. Fleming, dated July 8, 1980, at 1.

⁶⁵ Letter from Thomas S. Kuttner, dated January 12, 1983, at 2, 3.

⁶⁶ Ibid., 3.

⁶⁷ Letter from Donald J. Fleming, dated July 8, 1980, at 1.

⁶⁸ For discussion of the role of the Jessup Moot, see Fleming, Donald J., “The Canadian Round of the Philip C. Jessup International Law Moot Court Competition. . . . Its Place in the Curricula of Law Schools in Canada,” (1981) 30 U.N.B. L.J. 187–98Google Scholar; Brown, Craig, “The Jessup Mooting Competition as a Vehicle for Teaching Public International Law,” (1978) 16 Canadian Yearbook of International Law 332–41Google Scholar; Slosar, Stanislas, “Procès simlué en droit international: leçons d’une courte expérience,” (1979) 10 Rev. de Droit Université de Sherbrooke 369–80Google Scholar; and notes in (1981) 13 Ottawa L.R. 822 and (1979) 10 Rev. de Droit Université de Sherbrooke 293.

Student interest in international law seems to be reasonably high at Calgary, Sherbrooke, and U.N.B., but low at Victoria and Moncton. Bleak unemployment prospects undoubtedly influence course selection and career goals. Following the traumatic Canadian recession (depression?) of 1981-82, unemployment rates were at levels unprecedented since the early 1930’s and Canadian students had become “a lot more pragmatic,” that is, conservative. Rather than demonstrating and passing resolutions on South Africa, nuclear disarmament, and a wide range of social and ideological issues, a growing number of student unions emphasized the need to improve student “services and administration”: The Globe and Mail, Friday, September 16, 1983, at 1.