Patrick Kerwin was Chief Justice of the Supreme Court of Canada … and more.
By Stephen McKenna
My maternal grandfather Patrick Kerwin (1889-1963) was Chief Justice of the Supreme Court of Canada, providing opinions and judgements on cases that still affect our wellbeing and freedoms today.
A kind and patient man, he was my much-loved grandfather who died when I was eight years old. At the time, our teacher had me address the class on the death of this notable Canadian. Surprised, I nervously said, “He is a nice man. He had a busy job as Chief Justice of the Supreme Court and it sounds really hard.” At that age I certainly didn’t have any comprehension of the position he held within the legal community or court system of our country.
Born in Sarnia ON, Patrick was young when his father died. Nevertheless, he managed a decent education, helped by a part-time job as an office boy in a law firm. Graduating from Osgoode Hall in 1911, Patrick then practiced law in Guelph ON for 21 years. In 1932, he was appointed to the High Court of Justice in Ontario. Then in 1935 Patrick was appointed as a Justice to the Supreme Court, the highest Court in Canada. He and his family moved to Ottawa, where he began to learn French, joined the Rideau Club and the Royal Ottawa Golf Club and supported a number of local charities. On July 1, 1954, he was named the tenth Chief Justice, the highest legal position in the land.
I recall time spent with our maternal grandparents at their apartment on Wilbrod Street, located across from St. Joseph’s Catholic Church. We children would sit with my grandfather in his study as he chatted with us. As a coincidence, many years later while attending the University of Ottawa, my study group met in that same apartment.
In the fall of 1962, our family toured the Court. We saw the old library, the Judges’ Chambers but, when visiting his office, it impressed me that he not only had a private washroom but also a shower. (One is easily impressed at eight years old).
Known as a tough, serious-minded jurist, he ran the court business with a firm hand along with a sense of fairness. He was recognized for his efforts to ensure the counsel before him had ample opportunity to present their cases. The Montreal Gazette wrote, “The language in which he wrote his judgments was free of the rotundities and flourishes that easily tempt judicial minds.” The Globe & Mail wrote an article titled “Absolutely Without Bias.”
On Saturday, February 2, 1963, Patrick died at the age of 73. Parliament Hill flags flew at half-mast and Governor General Georges Vanier said, “For many years he has filled with grace and wisdom his exalted office. I shall miss his friendship and help.”
This was the death of a kind and beloved husband, father and grandfather and a loyal and respected friend to many.
My grandmother later lived with us and we were treated to stories of their life together, his time on the Bench, plus a few state dinners they’d attended (with Queen Elizabeth, President Kennedy and more). It was at this time I learned Patrick had taken up smoking a pipe in order to stop using cigarettes. Even today, so many years later, when a gentle waft of a certain type of tobacco comes my way, I am reminded of him sitting in the squeaky leather rocking chair at home in his study.
I also learned our grandmother never forgave Prime Minister William Lyon Mackenzie King for assigning Justice Kerwin a project that meant no vacation during an extremely humid summer. Instead he stayed working in the mouldy old Courthouse. In September, the prime minister simply told Justice Kerwin, “Oh, we’re not doing that anymore” and walked away. According to Mrs. Kerwin, working in “that dreadful building made your grandfather sick for the rest of his life!”
Growing up, my mother often told and retold stories of her father and family. I took more interest as an adult and started a file so I could follow who it was she was talking about. I could not convince her, the retired English professor, to write her father’s story. “It’ll take too much work,” she told me. Now, having written a biography about him, I believe her.
In doing so, I found fascinating the research that led to publishing the book Grace and Wisdom. The focus is on his life from both a personal and professional viewpoint, including how his life as a lawyer and judge affected his and his family’s lives.
To many, his successful and varied career in law paints a picture of an adaptable man with a strong sense of self-discipline and duty. He was also a success as a grandfather. To get details and buy the book, see chiefjusticekerwin.ca.
Stephen McKenna is an Ottawa based-author, musician and producer living in Ottawa, Ontario. Look for his collection of short stories and other works in the near future.
