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become judges. In 1984, John suffered a medical setback that left him with
paraplegia. He refused to use a wheelchair. With a rigorous exercise program
and crutches, he continued his busy practice.
One of John’s last major cases involved a dispute between the Cape
Mudge Indian Band and the Campbell River Indian Band over territorial
rights. It lasted over 100 days in the Federal Court over a period of a year
and a half and ended up in the Supreme Court of Canada in 2001
(Wewaykum Indian Band v. Canada, 2002 SCC 79). Georg Reuter, who
appeared as junior to Ray Pollard, the opposing counsel, described John as
a formidable opponent with wit, determination and stoicism. He inspired
his juniors, surrounding himself with equally competent lawyers, and he
challenged opposing counsel to bring their best to court. When addressing
the court, his pacing was remarkable. The only person that mattered was
the judge, whose attention he held throughout his argument.
His dedication to his profession was formally recognized in 2008 with
what was then called the Sir Matthew Baillie Begbie Award, bestowed every
two years by the Law Society. The award is based on the criteria of integrity,
professional achievement, service and law reform.
Twelve years ago, the Advocate published a series of articles about early
lawyers. John wrote in an article on his father, Claude, with words that also
could be said of John:
He was challenged vitally by his work, and he loved the contest. He had
a natural drive to win. My father knew how to speak to a jury in a direct
and common-sense way … A tough case before a jury called for the exercise
of his eloquence, and my father loved language and literature. He
also had a strong sense of fairness. He knew what a fair trial was and what
a fair trial was not. He was the quintessential advocate. Being a judge held
no interest for him.1
Alison MacLennan, Q.C., got to know John when they served on the Gender
Bias Committee together. The committee sat for a year and a half and
produced in 1992 an influential 300-page report. She described John, the
most senior and respected member of the bar, as giving added credibility to
the report: “John believed in and was committed to the equitable rule of law
for the benefit of the profession, the bar and the public.”
Richard Peck, Q.C., knew John well, and said of him:
As a barrister he was infused with the spirit of advocacy coupled with a
sharp intellect and leavened by a keen sense of justice—the notion that
right should be done—that most elusive of goals in our calling. These
attributes were backed by a work ethic that almost defied belief. I regard
it as a great privilege to have known him and to have been counted as
one of his friends. My life has been enriched by this in ways that are
immeasurable.