Justice Michael MacDonald becomes 22nd chief justice of Nova Scotia to take oath of office.
By Matt Fegan
Posted: Jan. 18, 2005
Lt.-Gov. Myra Freeman and Chief Justice Michael MacDonald. Photo: Matt Fegan
Justice Michael MacDonald will always remember the first time he spoke to the Prime Minister of Canada. He was walking to his car on Lower Water Street in Halifax last December when his cell phone rang. A woman said, "Please hold for the prime minister." Within seconds, Paul Martin was on the line with an important request for MacDonald. Would he accept the position as the new chief justice of Nova Scotia?
MacDonald didn't even think twice. "I told him I was extremely honoured to accept the offer immediately," he says.
MacDonald was officially sworn-in as the new chief justice by Lieutenant Governor Myra Freeman at the Nova Scotia Law Buildings in Halifax on Friday, Jan. 14, 2004. With friends, family and colleagues in the legal profession in attendance, MacDonald spoke of his "deep and profound sense of honour" in assuming his new role.
Chief Justice of the Nova Scotia Supreme Court Joseph Kennedy conducted proceedings.
"Recently we celebrated the 250th anniversary of the Supreme Court of Nova Scotia," he said. "That was a wonderful, historic day for this court. But this is about celebrating the future."
MacDonald becomes the 22nd chief justice of Nova Scotia, the second from Cape Breton. He replaces the Honourable Constance Glube who retired, effective Dec. 31, 2004. In addition to his role as chief justice of Nova Scotia, MacDonald will serve as chief justice of the Court of Appeal. Like Glube, MacDonald makes the unusual step of becoming chief justice of the Court of Appeal without having ever served in that court.
"The past few weeks have seen emotions oscillate from pure fear to profound excitement," MacDonald said.
However, Lt.-Gov. Freeman said she is confident MacDonald has all the "judicial experience and administrative ability" to be a success in his new role. His appointment is "a testament to the high regard in which [he is] held," she said.
MacDonald said he was not daunted by the task that lies ahead. He is enthusiastic about the "tremendous responsibility" of his new role, saying it is his work in the Nova Scotia Court of Appeal, which most excites him.
MacDonald will also be chief justice of the Nova Scotia Court of Appeal. Photo: Courtesy of Nova Scotia Courts
Prior to his new appointment, MacDonald chaired the Nova Scotia Supreme Court Rules Committee. After a review of the rules last year, a landmark decision was made to overhaul civil procedures. As chief justice of Nova Scotia and the Nova Scotia Court of Appeal, MacDonald says he will oversee changes to the rules of civil procedure, which he anticipates will happen within the next year.
MacDonald graduated from Dalhousie Law School and was admitted to the Nova Scotia Barristers' Society in 1979. Before serving as a judge, he practised law with the firm Stewart McKelvey Stirling Scales for 16 years. In April 1995, he was appointed as a judge of the Supreme Court of Nova Scotia and became its associate chief justice in 1998.
Stephen Coughlan is an associate professor of law at Dalhousie University.
"Probably the most well-known case with which he [MacDonald] was involved as a judge was the Maersk Dubai case [in 1996]," he says.
Eight Filipino crewmembers deserted a Taiwanese-registered ship docked in Halifax, claiming that the masters and officers on board had found several Romanian stowaways and thrown them overboard, en-route from Europe. MacDonald ruled there was enough evidence to charge the accused with manslaughter and second-degree homicide but that the case could not be heard in Canada.
Clarie Beckett Q.C., is President of the Nova Scotia Branch of the Canadian Bar Association (CBA).
"He [MacDonald] assumes his new position in a challenging time for the courts as they struggle to keep pace with the demands of the public and the changes in technology," he said.
Beckett said he was "not greatly surprised" that MacDonald has gone so far with his career.
"As a lawyer, a judge and a justice, he [MacDonald] has contributed generously to the CBA," he said. "His work ethic and commitment to his clients quickly earned him a reputation as an outstanding young lawyer."
MacDonald sees his appointment as the pinnacle of his career. Photo: Matt Fegan
Having sworn allegiance to the courts, MacDonald made two pledges.
"I will work very hard and enthusiastically and to the best of my ability" to maintain the rich heritage of Canada's judicial system. "I will never forget today and I will never forget how lucky I am."
At just 50 years old, MacDonald has age on his side. Further promotions might involve positions in the Supreme Court of Canada. For now, MacDonald sees his appointment as chief justice of Nova Scotia as the pinnacle of his career.
"This is it for me," he said. "I am two or three positions higher than I ever expected to be."
Feedback
Email
Print