Lady Hale reflects on legacy of former Canadian Chief Justice
President of the UK Supreme Court, Lady Hale, delivered a speech at the University of Ottawa this month reflecting on the legacy of Beverley McLachlin, former Chief Justice of the Supreme Court of Canada, who retired at the end of last year.
Paying tribute to Chief Justice McLachlin’s contributions to the law, Lady Hale (pictured) refers to her judgments cited in UK cases, particularly in four main areas: proportionality, illegality, unjust enrichment and equitable compensation, and vicarious liability.
She states: “One of the reasons why the approach of Canadian courts is of such interest to us, and to other courts outside Canada, may be your openness to cross-cultural influences. Your Supreme Court has been active in and encouraged the frequent use of foreign law. This may be, as Markesinis and Fedtke suggest, 35 because your mixed cultural background has prepared you for a multicultural approach to law. Unlike the United States, you are more prone to a ‘dialogic’ model. This includes reference, not only to UK, Commonwealth and American case law, but also to civilian systems.”