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would serve as a local judge of the Supreme Court and solely adjudicate
chambers matters. James A. Macdonald C.C.J. (who survived chambers
judge duties to eventually ascend to the Court of Appeal) described this
onerous role:
When I was appointed to the bench I filled a new position in the County
Court of Vancouver. The idea was to have Supreme Court chambers done
by a local judge. I was followed in this role by judges: Kirke Smith, Hinkson,
Hutcheon and Mackoff. Then they reverted to the former system by
which the chambers work was shared by all judges. We were very much
in between. We were certainly not Supreme Court judges nor did we
share the day to day work experience of the County Court judges.17
It is perhaps no coincidence that for their pains, and this judicial baptism
by fire, all County Court judges who served in this short-lived role were
promptly, one-by-one, to a one, elevated to the Supreme Court.
In his Nos Disparus obituary for “Ted” E. Edward Hinkson C.C.J.18 (also
later J.A.), Finch C.J.B.C. recounted a much-told story of County Court
judges qua local Supreme Court chambers judges:
Ted’s first judicial appointment in 1968 was as “Local Judge of the
Supreme Court”, a position created to provide a Supreme Court Chambers
judge before there were masters. His predecessor in the office was
the late Mr. Justice Kirke Smith.19 Kirke had just been elevated to the
Supreme Court. Allan McEachern, then of Russell & DuMoulin, wrote
them both notes upon their appointment. In the note he wrote to Kirke
Smith he said that he didn’t see how anyone could possibly do the Chambers
job as well as Kirke had done it. In the note he wrote to Ted he said
he was the perfect person to clean up the mess left in Supreme Court
Chambers by his predecessor. Then he put Kirke’s note in an envelope
addressed to Ted, and Ted’s note in an envelope addressed to Kirke.
McEachern reports that he received “appropriate replies, but no citations
for contempt”.20
As the population of Vancouver expanded, so did the contingent of Vancouver
County Court judges. In 1954, a fourth judge was added. In 1974, six
more judges joined their ranks.21
In addition to dispensing much of the day-to-day justice throughout the
province for over 100 years, the County Court also played an important role
in the expanded diversity of the bench. County Court seats outnumbered
scarce Supreme Court and Court of Appeal seats, and provided an opportunity
for lawyers who did not come from a typical pre-Supreme Court
besilked senior barrister background to display their judicial talent. Future
members of the Court of Appeal Patricia Proudfoot22 (1974 to 1977 Vancouver),
Carol Huddart (1981 to 1987 Vancouver), Anne Rowles (1983 to 1986
Vancouver), Jo-Ann Prowse (1987 to 1988 Vancouver), Catherine Ryan
(1987 to 1990 Vancouver) and, of course, Beverley McLachlin all started