Robert Smith (Canadian judge)
Robert Smith | |
|---|---|
 | |
| Puisne Justice of the Supreme Court of Canada | |
| In office May 18, 1927 – December 6, 1933 | |
| Nominated by | William Lyon Mackenzie King |
| Preceded by | None (new position) |
| Succeeded by | Henry Hague Davis |
| Member of the Canadian Parliament for Stormont | |
| In office January 20, 1909 – July 29, 1911 | |
| Preceded by | Robert Abercrombie Pringle |
| Succeeded by | Duncan Orestes Alguire |
| Personal details | |
| Born | December 7, 1858 Ramsay Township, Canada West |
| Died | March 18, 1942 (aged 83) Ottawa, Ontario, Canada |
| Political party | Liberal |
| Children | Arnold Neilson Smith |
| Military service | |
| Allegiance | Canadian Militia |
| Years of service | 1897 - 1910 |
| Rank | Captain Lieutenant Colonel |
| Unit | 59th Stormont and Glengarry Regiment (1897-1908) |
| Commands | 59th Stormont and Glengarry Regiment (1908-1910) |
Robert Smith (December 7, 1858 – March 18, 1942) was a Canadian lawyer, politician and puisne justice of the Supreme Court of Canada.
Early life
[edit]Born in Lanark County, Canada West (now Ontario), the son of William Smith and Jean Neilson, he was educated in Almonte and at Osgoode Hall.[1] He was called to the Ontario Bar in 1885. He then practiced law in Cornwall, Ontario.[2]
In 1888, Smith married Florence Parker Pettit.[1]
Smith joined the 59th Stormont and Glengarry Regiment on May 28, 1897 and commanded the regiment as Lieutenant Colonel from 1908 to April 11, 1910.
Political life
[edit]In 1904, he ran for the House of Commons of Canada as a Liberal in the riding of Stormont, Ontario. He lost but won in 1908. He did not run for re-election.[3]
Legal and business life
[edit]In 1908, Smith was named King's Counsel. Smith was a director and secretary-treasurer for the Montreal and Cornwall Navigation Company. He served as lieutenant-colonel in the militia.[1]
In 1922, he was appointed to the High Court Division of the Supreme Court of Ontario and then to the Appellate Division in 1924.[2] His appointment to the bench was a combination of his abilities and Liberal patronage.[2] In 1926, Smith served as an ad hoc justice of the Supreme Court of Canada.
Justice of the Supreme Court of Canada
[edit]On May 18, 1927, Prime Minister William Lyon Mackenzie King appointed Smith to the newly created seventh seat on the Supreme Court at the age of 67.[4] His appointment was based on his legal skill, his respected standing at the Ontario bar, and pressure from his son, Arnold Neilson Smith, who had been elected to the House of Commons in 1926.[2] Smith tried to negotiate a special pension as part of the appointment but accepted only a vague government promise to provide for him in retirement.[5]
For reasons unknown, the federal government took over a year to appoint a replacement for Justice Smith, eventually appointing Henry Hague Davis in 1935.[6]
Later life
[edit]Smith died in Ottawa at the age of 83.[1]
Electoral record
[edit]| 1904 Canadian federal election: Stormont | ||||||||
|---|---|---|---|---|---|---|---|---|
| Party | Candidate | Votes | % | ±% | ||||
| Conservative | Robert Abercrombie Pringle | 2,700 | 51.0 | |||||
| Liberal | Robert Smith | 2,589 | 49.0 | |||||
| Total valid votes | 5,289 | |||||||
| Total rejected ballots | 45 | |||||||
| Turnout | 5,334 | 76.3 | ||||||
| Eligible voters | 6,991 | |||||||
| Source: Elections Canada[7] and Canada Elections Database[8] | ||||||||
| 1908 Canadian federal election: Stormont | ||||||||
|---|---|---|---|---|---|---|---|---|
| Party | Candidate | Votes | % | ±% | ||||
| Liberal | Robert Smith | 2,383 | 47.0 | |||||
| Conservative | Robert Abercrombie Pringle | 2,033 | 40.0 | |||||
| Independent | Ambrose Fitzgerald Mulhern | 658 | 13.0 | |||||
| Total valid votes | 5,074 | |||||||
| Total rejected ballots | 48 | |||||||
| Turnout | 5,122 | 72.26 | -4.04 | |||||
| Eligible voters | 7,088 | |||||||
| Source: Elections Canada[9] and Canada Elections Database[10] | ||||||||
References
[edit]- ^ a b c d Johnson, J.K. (1968). The Canadian Directory of Parliament 1867-1967. Public Archives of Canada.
- ^ a b c d Snell & Vaughan 1985, pp. 128–129.
- ^ Robert Smith – Parliament of Canada biography
- ^ Snell & Vaughan 1985, p. 128.
- ^ Snell & Vaughan 1985, p. 129.
- ^ Snell & Vaughan 1985, p. 148.
- ^ "General Election (1904-11-03)". Parliament of Canada. Retrieved April 30, 2025.
- ^ Sayers, Anthony. "1904 Federal Election". Canadian Elections Database. Retrieved April 29, 2025.
- ^ "General Election (1908-10-26)". Parliament of Canada. Retrieved April 30, 2025.
- ^ Sayers, Anthony. "1908 Federal Election". Canadian Elections Database. Retrieved April 29, 2025.
Further reading
[edit]- Bushnell, Ian (1992). Captive Court: A Study of the Supreme Court of Canada. McGill-Queen's University Press. ISBN 978-0-7735-0851-4.
- Snell, James G.; Vaughan, Frederick (1985). The Supreme Court of Canada: History of the Institution. Toronto: The Osgoode Society. ISBN 978-0-8020-3417-5.
