View source for Ivan Rand

{{short description|Canadian politician and Supreme Court judge}}
{{Use Canadian English|date=January 2023}}

{{Infobox officeholder
| name             = Ivan Rand
| image            = I. C. Rand 1954.jpg
| caption          = Rand {{circa}} 1954
| office           = [[Puisne Justice]] of the<br />[[Supreme Court of Canada]]
| honorific-prefix = [[The Honourable]]
| honorific-suffix = {{post-nominals|country=CAN|CC|size=100%}}
| appointer        = 
| nominator        = [[William Lyon Mackenzie King]]

| predecessor      = [[Oswald Smith Crocket]]
| successor        = [[Roland Ritchie]]
| office2          = [[Attorney General of New Brunswick]]
| predecessor2     = [[James P. Byrne]]
| premier2         = [[Peter Veniot]]

| party            =
| successor2       = [[John Babington Macaulay Baxter]]
| birth_name       = Ivan Cleveland Rand
| birth_date       = {{Birth date|1884|04|27}}
| birth_place      = [[Moncton]], [[New Brunswick]], Canada
| death_date       = {{death date and age|1969|01|02|1884|04|27}}
| death_place      = [[London, Ontario|London]], [[Ontario]], Canada
| spouse           = Iredell I. Baxter
| relations        = 
| children         = 
| residence        = 62 Botsford Street, Moncton<ref name="randhouse">[http://www.historicplaces.ca/en/rep-reg/place-lieu.aspx?id=4045&pid=0 Rand House] Canada's Historic Places</ref>
| alma_mater       = {{Unbulleted list|[[Mount Allison University]]|[[Harvard University]]}}
| occupation       = 
| profession       = Lawyer
| religion         = 
| imagesize        = 
| term_start       = April 22, 1943
| term_end         = April 27, 1959
| term_start2      = October 4, 1924
| term_end2        = September 10, 1925
| office3          = Member of the [[Legislative Assembly of New Brunswick]]
| predecessor3     = [[James P. Byrne]]
| successor3       = [[John B. London]]
| term_start3      = February 1925
| term_end3        = July 17, 1925
| constituency3    = [[Gloucester (provincial electoral district)|Gloucester]]
| alongside3       = [[Peter Veniot]], [[Seraphine R. Léger]], and [[J. André Doucet]]
| office4        = 15th President of the [[New Brunswick]] Branch of the [[Canadian Bar Association]]
| predecessor4      = Sir Douglas Hazen
| successor4        = H.&nbsp;A. Porter
| term_start4       = 1935
| term_end4         = 1937
| appointed4        =

}}
'''Ivan Cleveland Rand''' {{post-nominals|country=CAN|CC}} (April 27, 1884 &ndash; January 2, 1969) was a Canadian lawyer, politician, academic, and justice of the [[Supreme Court of Canada]]. He has been described as "probably the greatest judge in Canada's history".<ref name=":0">{{Cite journal|last=Weinrib|first=Ernest|date=2016|title=Causal Uncertainty|journal=Oxford Journal of Legal Studies|volume=36|pages=135–164|doi=10.1093/ojls/gqv020}}</ref>

==Early life and career==
Born in [[Moncton]], [[New Brunswick]], the son of Nelson Rand and Minnie Turner, he received a [[Bachelor of Arts]] degree from [[Mount Allison University]] in 1909. In 1912, he received a [[Bachelor of Law]] degree from [[Harvard Law School]]. He was called to the bar of New Brunswick in 1912. From 1912 to 1920, he practised law in [[Medicine Hat, Alberta|Medicine Hat]], [[Alberta]]. Returning to Moncton in 1920, he joined the
[[Canadian National Railways]] as counsel.

In 1924, he was named [[Attorney General of New Brunswick]] and was a member of the [[Legislative Assembly of New Brunswick]] from February to June 1925.

== Judicial career ==
On April 22, 1943, he was appointed to the Supreme Court of Canada on the recommendation of [[William Lyon Mackenzie King]].

During his tenure, Rand delivered many leading judgments. He is perhaps best remembered for his judgment in ''[[Roncarelli v Duplessis]]'', which has been described as "iconic".<ref>{{cite journal |last1=Adams |first1=Eric M. |title=Building a Law of Human Rights: Roncarelli v. Duplessis in Canadian Constitutional Culture |journal=McGill Law Journal |date=September 2010 |volume=55 |issue=3 |url=https://lawjournal.mcgill.ca/article/building-a-law-of-human-rights-roncarelli-v-duplessis-in-canadian-constitutional-culture/ |access-date=3 November 2024 |quote=... the language of rights employed by Justice Ivan Rand's iconic judgment.}}</ref>

In a 1946 arbitration decision, he developed the [[Rand formula]] requiring payment of trade union dues by all employees in the bargaining unit affected by a collective agreement, whether or not the employees are members of the union. This compromise was instrumental to the cessation of violence and promotion of industrial stability, as it required the unions to "work now, grieve later," and in exchange, the employers had to remit union dues by automatic check-off of the dues formula.

== Post-Supreme Court career ==
Rand retired from the Canadian Supreme Court on April 27, 1959, upon reaching the mandatory retirement age of 75.

From 1959 to 1964, he was the first Dean of the [[Western Law School|law school]] of the [[University of Western Ontario]].<ref>{{cite web|url=http://www.law.uwo.ca/news/arc_news/spring1999/newsletter.html|title=Newsletter|work=University of Western Ontario|quote=The first Dean of Law at Western was Ivan Cleveland Rand|url-status=dead|archive-url=https://archive.today/20070815110907/http://www.law.uwo.ca/news/arc_news/spring1999/newsletter.html|archive-date=2007-08-15}}</ref> In 1966, he chaired a [[Royal Commission]] into allegations of improper stock trading against [[Supreme Court of Ontario]] justice [[Leo Landreville]].

In 1968, he was made a [[List of Companions of the Order of Canada|Companion of the Order of Canada]]. He received honorary degrees from Mount Allison University, the [[University of New Brunswick]], Dalhousie University, [[Queen's University at Kingston|Queen's University]], the [[University of Toronto]], the University of Western Ontario and [[Columbia University]].

== Palestine ==
Rand was Canada's appointee to the [[United Nations Special Committee on Palestine]] following [[World War II]]. As such, Rand visited [[Mandatory Palestine]] in 1947 and became a supporter of [[Partition (politics)|partition]] supporting UNSCOP's majority report which led to the [[United Nations Partition Plan for Palestine]]. The plan was accepted by Jewish leaders but rejected by the Palestinians. He became a supporter of the state of [[Israel]] once it was created in 1948 and visited in 1959 to dedicate a forest in [[Jerusalem]] named in his honour.<ref name="kap">"Justice Rand played key role in Israel's statehood", ''Canadian Jewish News'', November 26, 2009</ref> Rand's meeting with [[William Lovell Hull]], a fellow Canadian, changed Rand's understanding of [[Zionism]]. Rand became the central and most influential swing vote on UNSCOP in favour of the [[United Nations Partition Plan for Palestine]] and the eventual creation of the [[Israel|State of Israel]].<ref>{{Cite book |last=Ben-Dror |first=Elad |title=UNSCOP and the Arab-Israeli Conflict: The Road to Partition |publisher=[[Routledge]] |year=2022 |isbn=978-1032059631 |location=London}}</ref>

== Assessment ==
He has been described as "probably the greatest judge in Canada's history"<ref name=":0" /> and "perhaps the greatest exponent of the [[rule of law]] in the history of the Supreme Court of Canada".<ref>{{Cite journal|last=Binnie|first=Ian|author-link=Ian Binnie|date=January 2013|title=Judging The Judges: "May They Boldly Go Where Ivan Rand Went Before"|journal=Canadian Journal of Law & Jurisprudence|volume=26|issue=1|pages=5–21|doi=10.1017/S0841820900005932|s2cid=155575018|doi-access=free}}</ref>

Biographer [[William Kaplan]] describes Rand as "an intolerant bigot" who disliked French Canadians, Catholics, Jews and Canadians who were not of British stock. When his sister married an [[Acadian]], Rand refused to talk to her for 30 years. Nevertheless, as a judge, Rand was a civil libertarian who struck down restrictive covenants that barred property from being sold or rented to Jews or non-whites, acknowledged the rights of [[Japanese Canadians]] who were being interned as enemy aliens during World War II, defended the rights to free speech of the [[Communist Party of Canada]] when it was banned by the Canadian government under the [[War Measures Act]] as well as the rights of [[Jehovah's Witnesses]] being persecuted under Quebec's [[Padlock Law]]. During his tenure as dean of the University of Western Ontario's law school he was reluctant to hire a Jewish applicant claiming that a small town like [[London, Ontario|London]], Ontario could not abide "too many Jews". He would complain regularly about people whose names ended with vowels. Kaplan explained this contradiction in describing Rand as a person with a "first rate mind but a third rate temperament".<ref name="kap" /><ref>First-Rate Mind, Third-Rate Temperament. ''Amicus Curiae''.  http://www.law.uwo.ca/News/January_10/AmicusNov09final.pdf{{dead link|date=April 2017 |bot=InternetArchiveBot |fix-attempted=yes }}</ref>

== See also ==
* [[Roncarelli v Duplessis]]

==References==
{{Reflist}}

==Further reading==
{{refbegin}}
* {{cite book |last1=Balcome |first1=Randall P. H. |last2=McBride |first2=Edward J. |last3=Russell |first3=Dawn A. |title=Supreme Court of Canada Decision-making: The Benchmarks of Rand, Kerwin, and Martland |date=1990 |publisher=Carswell |isbn=978-0-459-34283-8 |language=en |ol=4550738W |url=https://archive.org/details/supremecourtofca0000balc |url-access=registration}}
* {{cite book |first1=William |last1=Kapland |author-link=William Kaplan |title=Canadian Maverick: The Life and Times of Ivan C. Rand |publisher=[[University of Toronto Press]] |year=2009 |url=https://archive.org/details/canadianmaverick0000kapl |url-access=registration |isbn=978-1-4426-4070-2 |ol=18652074W}}
{{refend}}

==External links==
* [https://web.archive.org/web/20050308151232/http://www.cdn-friends-icej.ca/un/unscop.html Ivan Rand and the UNSCOP Papers]
* [https://web.archive.org/web/20140726044524/http://www.scc-csc.gc.ca/court-cour/judges-juges/bio-eng.aspx?id=ivan-cleveland-rand Supreme Court of Canada biography]
* {{Find a Grave|73952738|Ivan and Mrs. Rand burial site, Moncton, Canada}}

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{{DEFAULTSORT:Rand, Ivan}}
[[Category:1884 births]]
[[Category:1969 deaths]]
[[Category:Canadian university and college faculty deans]]
[[Category:Companions of the Order of Canada]]
[[Category:Harvard Law School alumni]]
[[Category:Justices of the Supreme Court of Canada]]
[[Category:Mount Allison University alumni]]
[[Category:New Brunswick Liberal Association MLAs]]
[[Category:People from Moncton]]
[[Category:Canadian Christian Zionists]]
[[Category:Canadian Methodists]]
[[Category:People of the Israeli–Palestinian conflict]]
[[Category:Academic staff of the University of Western Ontario]]
[[Category:20th-century members of the Legislative Assembly of New Brunswick]]