David Butt - BARRISTER August 17, 2018 Dear Chief Justice Wagner; Re: The late Justice Gerald E. Le Dain and Ford v. Quebec (A.G.) [1988] 2 S.C.R. 712 We are writing to request a correction to an historical inaccuracy related to the late Justice Gerald Le Dain and the important Supreme Court case of Ford v. AG. Quebec. Justice Le Dain sat on the Ford case, which was argued for three days in November 1987. Following oral argument he was assigned to draft the opinion of the Court. A review of the archival materials on this case makes clear that approximately 95% of the ?nal judgment released was written by Justice Le Dain. However, the of?cial version of the judgment appears in the Supreme Court Reports with an asterisk by his name indicating that Justice Le Dain ?took no part in the judgment". This asterisk is of course quite inaccurate in light of what the archives demonstrate, and for that reason alone merits correction. However, there is another important dimension to correcting the historical record. Justice Le Dain was obliged to resign from the Court in the autumn of 1988, after his draft judgment in Ford was completed, and shortly before the judgment was released. He was obliged to resign because he was suffering from depression: a readily treatable illness that we now know does not preclude full participation in professional life. Justice Le Dain?s treatment by the Court, however appropriate it may have been in 1988, is far from an enlightened or acceptable approach to mental illness by contemporary standards. The circumstances of Justice Le Dain?s most unfortunate resignation have been thoroughly researched and discussed in episodes of CBC Radio?s The Sunday Edition which aired on January 14 and 21, 2018 and will air again on August 26, 2018. See .447 .447 .l 385 and 1-201 8- gerald-le-dain-l 4494772. The thorough work done by CBC producer Bonnie Brown leaves no doubt that the circumstances of Justice Le Dain?s resignation are deeply problematic. 330 Spadina Avenue . Suite 606 - Toronto, 031., M5V 21.1 o. 416.361.9609 (2 41 561.6997}: 416.361.9443 u- Our request is therefore not only about correcting the historical record in the Ford case. It is also about destigmatizing mental illness and acknowledging the truth that those with mental illness can make dramatically signi?cant contributions to their community, their province, and their country. The correction to the of?cial record of the Ford case that we seek would resonate far beyond the community of lawyers and Supreme Court scholars. It would speak powerfully, perhaps inspirationally, to everyone affected by or working with mental health challenges. And it would send an important message to the entire country about mental health, accomplishment, and inclusion. A book of scholarly essays commemorating Justice Le Dain?s contributions to Canadian law, social policy, education and moral leadership is scheduled for release later this year. Included in the book will be the full transcript of the CBC documentary detailing the unfortunate circumstances around Justice Le Dain?s forced resignation. Accordingly, now is the best time to assure the country that current attitudes toward mental illness inside the Supreme Court are entirely consonant with contemporary norms. And now is the best time to posthumously recognize the actual depth and breadth of Justice Le Dain?s contributions to the jurisprudential fabric of Quebec and Canada. The practicalities of our request are simple. The title page of the of?cial version of the Ford v. Quebec (AG. decision has an asterisk beside Justice Le Dain?s name that indicates he took no part in the judgment. We respectfully request that the asterisk be removed altogether, or the explanatory text to the asterisk be amended to fairly reflect the value of his contribution. Thank you very much, Chief Justice, for considering this important request. We look forward to your response, and we are happy to discuss this issue further at your convenience. Respectfully yours, David Butt, for Prof. Emeritus G. Blaine Baker (deceased), McGill Faculty of Law Caroline Burgess Prof. Rosemary Cairns Way, University of Ottawa Faculty of Law The Hon. Mr. Justice Melvyn Green, Ontario Court of Justice Prof. Bernard Hibbitts, Publisher Editor-in-Chief I University of Pittsburgh School of Law Prof. Richard Janda, McGill Faculty of Law cc. Bonnie Brown, CBC