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The Hon. Joseph Edward Martin | |
|---|---|
 | |
| Associate Chief Justice of the Superior Court of Quebec | |
| In office 1922–1929 | |
| Puisne Justice of the Quebec Court of King's Bench | |
| In office 1918–1922 | |
| 2nd President of the Canadian Bar Association | |
| In office 1927–1928 | |
| Preceded by | Sir James Aikins, K.C. |
| Succeeded by | The Hon. Wallace Nesbitt, K.C. |
| Bâtonnier of the Barreau du Québec | |
| In office 1913–1914 | |
| Preceded by | Louis-Alexandre Taschereau |
| Succeeded by | François de Sales Bastien, K.C. |
| Bâtonnier of the Barreau de Montréal | |
| In office 1913–1914 | |
| Preceded by | Joseph Louis Archambault, K.C. |
| Succeeded by | François de Sales Bastien, K.C. |
| Personal details | |
| Born | September, 1859 Shefford, Canada East |
| Died | January 27, 1929 (aged 69) Westmount, Quebec |
| Resting place | Sweetsburg (now Cowansville), Quebec |
| Spouse(s) | (1) Nellie Rooney (died 1909) (2) Emily Violet Paterson |
| Children | Hugh E. Martin |
| Education | McGill University Faculty of Law |
| Profession | Lawyer, judge |
Joseph Edward Martin, K.C. (September, 1859 - January 27, 1929) was a lawyer and judge in the province of Quebec in Canada. He had a distinguished career as a lawyer in Montreal, being named King's Counsel in 1903. In 1913-1914, he served simultaneously as the Bâtonnier (president) of the Barreau of Montreal, and the Barreau of the Province of Quebec. In 1918, he was appointed to the Quebec Court of King's Bench, the appellate court for the province of Quebec. From 1922 to his death in 1929, he served as the Associate Chief Justice of the Superior Court of Quebec. During his time on the Superior Court, he also served as president of the Canadian Bar Association.
Early life and education
editMartin was born in September 1959 in Shefford, Quebec, in the Eastern Townships of what was then Canada East (now the province of Quebec), in a family of five (two brothers and two sisters). He was described as coming from "hardy rural stock".[1] Martin received his education in the public schools of Waterloo, Quebec, and then entered the law school at McGill University. He graduated in 1883 with a degree of Bachelor of Civil Law.[1]
Legal career
editMartin was admitted to the Bar in 1884.[2] He began a commercial litigation practice, eventually at the firm of Foster, Martin, Mann in Montreal.[1] In one of his early cases, Martin successfully represented George Barnard Baker, the Member for Parliament for Missiquoi in the Eastern Townships, in a challenge under the Dominion Controverted Elections Act to Baker's election.[3] During the course of his career, Martin appeared several times in the Supreme Court of Canada. He also taught at the McGill Law School.[2]
Martin was appointed King's Counsel in 1903.[2]
Judicial career
editCourt of King's Bench
editIn 1918, Martin was appointed a puisne justice of the Quebec Court of King's Bench, at that time the highest appellate court in Quebec.[4] One of his significant decisions while on the court was Loew's Montréal Theatres Ltd. c. Reynolds, concerning racial segregation in movie theatres. The Court, in a 4-1 decision, held that the management of a movie theatre could assign seating areas based on race. Martin was in the majority, writing: "While it may be unlawful to exclude persons of colour from the equal enjoyment of all rights and privileges in all places of public amusement, the management has the right to assign particular seats to different races and classes of men and women as it sees fit..."[5][6]
Superior Court
editMartin served on the King's Bench for only four years. In 1922, he was appointed the Associate Chief Justice of the Quebec Superior Court, the main trial court for the province. He served as Associate Chief Justice until his death in 1929.[4]
Leadership at the bar
editMartin was active in the legal profession. In 1913-14, he was the Bâtonnier (president) of the Barreau du Québec, the regulatory body for all lawyers in the province of Quebec.[2] The same year, he was the Bâtonnier of the Barreau de Montréal, the local bar association for lawyers in the Montreal area.[7]
In 1927-1928, Martin served as the second President of the Canadian Bar Association, the national professional association for lawyers in Canada.[8] Due to ill health, he was unable to attend the 1928 annual convention, held that year in Regina, Saskatchewan. Instead, his presidential address was read on his behalf to the convention.
Personal life
editDeath
editMartin's heath began to decline in August, 1928, and he died on January 27, 1929. A funeral service was held at St George's Anglican Church in Montreal, and he was then buried in Sweetsburg (now Cowansville) in the Eastern Townships.[1]
References
edit- ^ a b c d "Hon. J.E. Martin Dead; Head of Civil Courts", Montreal Gazettee, January 28, 1929, pp. 1, 14.
- ^ a b c d Barreau du Québec: Bâtonniers 1900 à 1929 - Joseph Edward Martin.
- ^ Journals of the House of Commons of Canada, Volume 26, Part 1, 25th February 1892, pp. 56-57.
- ^ a b Quebec Court of Appeal: Former Judges.
- ^ Loew's Montréal Theatres Ltd. c. Reynolds, 1919 CarswellQue 61, 30 BR 459 (Que BR), para. 22.
- ^ Constance Backhouse, " 'Bitterly Disappointed' at the Spread of 'Colour-Bar' Tactics: Viola Desmond's Challenge to Racial Segregation, Nova Scotia, 1946," in Barrington Walker (ed.), The African Canadian Legal Odyssey: Historical Essays (Toronto: Osgoode Society, 2012), pp. 120, 156 (n. 76)).
- ^ Barreau de Montréal: Anciens bâtonniers - 1910-1919.
- ^ Canadian Bar Association: Past CBA Presidents.