Duff: A Life in the Law

James G. Snell is a history professor at the University of Guelph,
author of In the Shadow of the Law: Divorce in Canada, 1900-1939, and
co-author of The Supreme Court of Canada: History of the Institution.

After an absolute dearth of analyses concerning the Canadian judicial and legal systems, the last few years have seen the publication of several worthwhile books in this area. Some of these books have been popular and some scholarly. David R. Williams’ Duff: A Life in the Law effectively combines both approaches.

Based on extensive research, this is a biography of Sir Lyman Poore Duff. As both a puisne justice and then as Chief Justice, Duff sat on the Supreme Court of Canada for 37 years, a record for longevity. The books covers Duff’s entire life but naturally concentrates on his years in Ottawa. The man is presented “wants and all.” His alcoholism, his occasional weak judgement on jurisprudential inconsistency, and his toadying to political authorities are weighed in the balance against his judicial leadership (especially in constitutional law) and his devotion to the country’s interests. Williams’ assessment is in the end very favourable to Duff.

In particular Williams is impressed by Duffs “massive intellect” and by reports from both inside and outside Canada as to the Chief Justice’s distinguished reputation. Such reports are indeed somewhat persuasive, but more convincing would have been a thorough, in-depth analysis of some of Duffs judgements — not simply showing the reader what Duff said, but demonstrating the intellectual character of the jurisprudence.

Duff’s influence remains undisputed, however. This is a well-written biography of Canada’s most prominent jurist of the twentieth century and is thus very welcome.