Dalhousie Law Journal


Bertha Wilson, justice, constitutional law, Canada, patriot, visionary, heretic, Supreme Court of Canada


In the remainder of this paper I will consider Justice Wilson's contribution to Canadian constitutional law. The paper has three parts. Each has a different theme, although the themes overlap in places. I have given these themes labels, each reflecting, I believe, a significant feature of Justice Wilson's constitutional thinking and writing. The labels are Justice Wilson as - Patriot, Visionary and Heretic. In the next three parts of this paper I will deal with each of these themes, with reference principally to her decisions in Charter cases but also with occasional references to her decisions in other categories of constitutional cases, her speeches and articles, and my impressions of her when, for almost three years, I had the privilege of watching her work on the second floor of the Supreme Court building.