454:. His clients were farmers who were being sued by the owner of some free-range horses. The horses had eaten a large amount of grain which had spilled from the farmers' grain bins. One of the horses died from over-eating, and others were sickened. The Supreme Court ruled that Hall's clients had taken reasonable steps to store their grain from spillage and dismissed the action against them. The case was the first of Hall's six appearances in the Supreme Court. Hall was successful in five of those cases, losing only one case. In one of his successful cases, the Supreme Court paid him the ultimate accolade for an appellate lawyer: the Court did not find it necessary to call on him in oral argument and ruled in his favour based solely on Hall's written arguments.
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issued its report in 1964. To the surprise of many, Hall recommended the nationwide adoption of
Saskatchewan's model of public health insurance. In fact, his recommendations went further than the Saskatchewan plan, proposing additional publicly funded benefits, such as free dental coverage for schoolchildren and welfare recipients and free prescription glasses and drugs for the needy and elderly. "The only thing more expensive than good health care," he argued, "is no health care."
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forgot his own humble origins or the needs of the ordinary people that he encountered during his long life. That was also reflected in his work on the
Supreme Court, where he defended civil liberties and protected minority rights. Hall believed that Canadian society ought to embrace ethnic diversity, alleviate poverty, and redress the shameful treatment of Aboriginal peoples.
617:. The Pearson government was deeply divided on the issue of health care, and took some time to reach a decision. Eventually, the federal government implemented the medicare system which was at the core of Hall's recommendations, on a cost-share basis with the provinces. The new system came into force in July, 1968.
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After he retired from the
Supreme Court, Hall conducted an inquiry into the rail system in western Canada, with a particular focus on grain transportation. He also served as an arbitrator and mediator in strikes by national railway workers, grain handlers, and air traffic controllers. Hall also made
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against charges brought against them for their part in the Regina riot of July of that year. One police officer, Charles Miller was killed in the line of duty, and a trekker later died of injuries from the riot. Many believed that the trekkers were bolsheviks, but Hall and
Makaroff believed that the
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which had shown signs of religious tension being a decisive factor, with the Klan raising anti-immigrant and anti-Catholic fervour. The plaintiff accused the defendant of seditious libel for comments made in a publication he printed and which, Hall argued as counsel, were seditious because they had
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One of Hall's biographers, Dennis
Gruending, characterised him as an "Establishment radical." Gruending wrote that Hall was a study in contradictions. A member of the Establishment, he was more interested in justice than in privilege. Despite reaching the elite heights of his profession, he never
605:
The Hall
Commission heard from hundreds of witnesses. Hall closely questioned them, and was struck by the inequities in the Canadian health system and the lack of access to health care. He continued to conduct the inquiry after his appointment to the Supreme Court of Canada. The Hall Commission
558:, dealing with aboriginal title. Hall wrote compelling reasons arguing that aboriginal title existed in British Columbia under the common law. The Supreme Court divided on the issue, 3-3, so his opinion was not implemented. However, his judgment is credited with persuading Prime Minister
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In 1979, the federal government appointed Hall to conduct a follow-up inquiry into the current state of the
Canadian health care system. His report, issued a year later, raised concerns about the growth of extra-billing and user fees. His report eventually led to the introduction of the
602:, which led to some changes to the provincial plan. The federal government's choice of Hall to lead the commission reassured the medical community, which had pressed for an inquiry to look at alternatives to the universal medicare system proposed by the Saskatchewan government.
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At the age of 81, as he was wrapping up his second inquiry into health care, he was asked by a reporter when he would stop his activities. "When they bury me," Hall replied. He remained active well into his 90s. During the federal election of 1993, he strongly criticised
61:
598:, the CCF government of Tommy Douglas had run on a platform of implementing a universal health care plan. The issue was extremely controversial. When the Saskatchewan government enacted the Saskatchewan Medical Care Insurance Bill in the fall of 1961, it triggered a
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recommended child-centred education and a flexible curriculum. The report also argued against the separation of handicapped children and slow learners from other students. The report was blamed by opponents as contributing to a decline in educational standards.
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caused a public fracas. Hall lost the case and the defendant was fined $ 200 and prohibited from publishing such material in the future. The Ku Klux Klan burnt an effigy of Hall in response to his participation in the case.
382:, the fourth of eleven children of James Hall and Alice Shea. His parents were descendants of generations of impoverished farmers of Irish descent in the Saint-Colomban area. Seeking a better life, his family moved to
657:, from 1971 to 1977, and the University of Saskatchewan, from 1979 to 1986. By a quirk of fate, he followed two former leaders of the federal Progressive Conservative party in the two positions. His predecessor as
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Hall was called to the bar in 1922 and spent the next thirty-five years in private practice. He became a leading litigator in the
Saskatchewan bar, with a reputation for being hard-nosed.
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Hall suffered a stroke in late 1993, shortly after celebrating his 95th birthday at a public dinner in his honour. The stroke confined him to a wheelchair.
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riot had been provoked by the police. They were successful in having many of the charges quashed. Hall lost friends for his role in defending the trekkers.
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While he was still on the
Supreme Court, he conducted a public inquiry into education, at the request of the government of Ontario. Reporting in 1968, the
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to open land-claim negotiations with First
Nations. Hall's judgment also contributed to the entrenchment of aboriginal rights in the Constitution in 1982.
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Hall had been indelibly marked by his experience going through the Great Depression in Saskatchewan. One of his friends and fellow Saskatchewanian,
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Hall was active in the Saskatoon community, serving on both the Saskatoon Catholic Separate School Board and the Catholic Hospital Board. In the
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in 1910, when Hall was age 12, to take over a dairy farm. The Halls were Roman Catholics, and Emmett served as an altar boy at
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by his old law school classmate, John Diefenbaker, who had just won a minority government. He was elevated to the
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Hall attempted to enlist in 1917, but was rejected as medically unfit, because he had been born blind in one eye.
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In 1961, while Chief Justice of the Queen's Bench, Hall was appointed by the Diefenbaker government to chair a
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in 1961, when he was appointed Chief Justice of Saskatchewan. The next year, Diefenbaker appointed him to the
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In 1928, at 29 years of age, Hall appeared in the Supreme Court of Canada as counsel for the appellants in
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Historian J. L. Granatstein has described Hall as the most important Canadian judge of the 20th century.
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on the national health system. The question of health care was a major issue at the time. In the
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who came to Saskatchewan to promote the Klan in preparation for the upcoming
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libel trial. The plaintiff John James Maloney was a prominent member of the
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Vaughan, Frederick; Osgoode Society for Canadian Legal History (2004).
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1006:"Emmett Hall Biography," The Justice Emmett Hall Memorial Foundation
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Hall chaired numerous other royal commissions and public inquiries.
30:"Emmett Hall" redirects here. For the screenwriter and actor, see
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Hall died on November 12, 1995, just short of his 97th birthday.
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Hall served as the chancellor of two different universities: the
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549:. Hall served on the high court until his retirement in 1973.
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In 1922, Hall married Isabel Parker, a legal stenographer from
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Hall was in the audience on July 29, 1910, when Prime Minister
346:(November 29, 1898 – November 12, 1995) was a Canadian lawyer,
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judge and public policy advocate. He is considered one of the
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The Justice Emmett Hall Memorial Foundation Official Website
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In 1967, Hall was the sole dissent in the Supreme Court's
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Encyclopedia of Saskatchewan: Hall, Emmett (1898–1996)
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Aggressive in Pursuit: The Life of Justice Emmett Hall
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Canada Egg Products Ltd. v. Canadian Doughnut Co. Ltd.
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Aggressive in Pursuit: The Life of Justice Emmett Hall
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517:. He was defeated, coming in third place, behind the
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In 1935, Hall, along with a fellow Saskatoon lawyer,
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1853:University of Saskatchewan College of Law alumni
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637:recommendations on reforms to court structures.
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838:, November 27, 1995; published on-line by the
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552:One of Hall's most influential judgments was
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90:January 10, 1963 – March 1, 1973
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1037:(Toronto: Fitzhenry and Whiteside, 2005).
1020:(Toronto: Fitzhenry and Whiteside, 2005).
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753:"Supreme Court of Canada Biography"
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509:, Hall stood for election for the
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950:L.V. Wolfe and Sons v. Giesbrecht
569:upholding the 1959 conviction of
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485:In 1935, Hall was appointed
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886:Glenn and Babb v. Schofield
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452:Glenn and Babb v. Schofield
10:
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686:Governor General of Canada
489:. Later, he was elected a
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405:. Hall studied law at the
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362:, along with his fellow
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1818:Canadian King's Counsel
1813:Lawyers in Saskatchewan
547:Supreme Court of Canada
358:the Canadian system of
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307:John Hall; Marian Wedge
167:William Melville Martin
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429:Humboldt, Saskatchewan
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840:Canadian Encyclopedia
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113:Charles Holland Locke
1120:University of Guelph
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513:, in the riding of
338:Emmett Matthew Hall
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1146:Chancellor of the
1086:2015-09-24 at the
1033:Dennis Gruending,
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630:Hall-Dennis Report
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759:on 2014-08-06
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535:Chief Justice
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368:Tommy Douglas
365:
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286:Isabel Parker
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125:Brian Dickson
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105:
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87:
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62:
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33:
19:
1767:W. F. Spence
1721:W. F. Spence
1715:
1633:W. F. Spence
1627:
1545:W. F. Spence
1539:
1451:
1145:
1114:
1044:
1034:
1017:
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988:
984:
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962:
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949:
945:
937:
933:
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921:
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839:
835:
761:. Retrieved
757:the original
734:
729:
716:
713:
701:
694:
690:
679:
676:
667:Saskatchewan
652:
639:
635:
627:
624:
608:
604:
589:
564:
553:
551:
532:
525:candidates.
504:
484:
472:
463:Ku Klux Klan
458:
456:
451:
449:
446:
443:Legal career
426:
423:
396:
388:Saskatchewan
377:
337:
336:
264:Saskatchewan
255:(1995-11-12)
206:Nominated by
195:
174:Succeeded by
150:Nominated by
139:
120:Succeeded by
96:Nominated by
85:
1808:1995 deaths
1803:1898 births
1752:R. Martland
1701:R. Martland
1613:R. Martland
1603:G. Fauteaux
1525:R. Martland
1437:R. Martland
1391:R. Martland
1345:R. Martland
1109:George Drew
889:, SCR 208.
663:George Drew
162:Preceded by
108:Preceded by
18:Emmett Hall
1797:Categories
1782:B. Dickson
1762:R. Ritchie
1716:E. M. Hall
1711:R. Ritchie
1628:E. M. Hall
1623:R. Ritchie
1588:Cartwright
1540:E. M. Hall
1535:R. Ritchie
1515:G. Fauteux
1447:R. Ritchie
1427:G. Fauteux
1401:R. Ritchie
1381:G. Fauteux
1335:G. Fauteux
1289:G. Fauteux
1274:R. Kellock
1243:G. Fauteux
1223:R. Kellock
1152:1979–1986
1124:1971–1977
1116:Chancellor
993:, SCR 309
763:2014-08-04
721:References
374:Early life
356:fathers of
350:advocate,
324:Profession
313:Alma mater
232:1898-11-29
1777:B. Laskin
1772:L. Pigeon
1757:W. Judson
1747:D. Abbott
1731:B. Laskin
1726:L. Pigeon
1706:W. Judson
1696:D. Abbott
1638:L. Pigeon
1618:W. Judson
1608:D. Abbott
1530:W. Judson
1520:D. Abbott
1452:E.M. Hall
1442:W. Judson
1432:D. Abbott
1396:W. Judson
1386:D. Abbott
1350:W. Judson
1340:D. Abbott
1294:D. Abbott
1248:D. Abbott
684:, former
417:, future
384:Saskatoon
260:Saskatoon
200:1957–1961
196:In office
144:1961–1962
140:In office
86:In office
1596:1967–70:
1371:C. Locke
1325:C. Locke
1299:H. Nolan
1279:C. Locke
1233:C. Locke
1228:J. Estey
1084:Archived
866:Archived
836:Macleans
360:Medicare
304:Children
266:, Canada
245:, Canada
1681:Fauteux
1503:1963–67
1410:1962–63
1359:1959–62
1320:I. Rand
1308:1958–59
1269:I. Rand
1257:1956–57
1218:I. Rand
1206:1954–56
1118:of the
611:Liberal
537:of the
523:Liberal
493:of the
491:bencher
409:at the
298:
290:
1198:Kerwin
1053:
673:Legacy
515:Hanley
327:Lawyer
281:Spouse
243:Quebec
75:of the
292:(
288:
1679:The
1586:The
1493:The
1196:The
1051:ISBN
661:was
573:for
521:and
250:Died
226:Born
1799::
998:^
894:^
877:^
847:^
834:,
804:^
772:^
742:^
439:.
386:,
370:.
366:,
343:CC
340:,
294:m.
262:,
241:,
51:CC
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1189:e
1182:t
1175:v
1059:.
842:.
766:.
234:)
230:(
34:.
20:)
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