Lawyers should tune into The Sunday Edition on CBC Radio this weekend to listen to a documentary that Talin Vartanian, a producer for the program, stated will “reveal what happened to one of the greatest legal minds of the country.”
The documentary is called “One Judge Down” and is about former Supreme Court of Canada Justice Gerald Le Dain. Justice Le Dain is best known in the public for the 1973 Le Dain Commission of Inquiry into the Non-Medical Use of Drugs, which was far ahead of its time in recommending the decriminalization of marijuana. But, it is what the public doesn’t know about Justice Le Dain's legal career that is far more interesting and unfortunately distressing.
CBC’s synopsis of the documentary:
After serving for 9 years on the Federal Court of Appeal, Le Dain was nominated to the Supreme Court of Canada by Trudeau (Sr.) in 1984, where he served for just four years. Then, at age 63, he decided to resign...abruptly. At least, that's what people thought.
In fact, the Chief Justice at the time, Brian Dickson, demanded Le Dain's resignation.
It happened after Le Dain's wife, Cynthia, asked Dickson for some time off for her husband. He'd been struggling with his caseload, and had fallen into a depression. But instead of granting a leave, Dickson decided that Le Dain's days on the bench were over.
Many of those who knew about it at the time -- judges, lawyers, law professors and family members -- have kept quiet for almost thirty years. And many are highly critical of the way the Chief Justice treated Gerald Le Dain.
In our documentary, those closest to Le Dain are now speaking out on his behalf. They include Claire L'Heureux-Dubé, the last surviving Supreme Court justice from Le Dain's era; Harry Arthurs, former President of York University; Justice Melvyn Green of the Ontario Court of Justice; David Butt, now a top criminal lawyer in Toronto who served as a Supreme Court clerk; McGill law prof Richard Janda, also a court clerk under Le Dain; and Caroline Burgess, one of Gerald Le Dain's daughters.
The producer of this story is Bonnie Brown, who has been an award-winning documentary and news producer for the CBC for about twenty years. She also has a law degree from McGill.
This should make for an interesting listen and will hopefully address an important subject: mental health and wellness in the legal profession. While some strides have been made in recent years, there is still a need to confront the mental health stigma that exists.
"One Judge Down" will be published on CBC’s web site on the evening of January 12th and will air on The Sunday Edition January 14th.