Subseries 1 - Double Jeopardy

0.33 m of textual records

During articling in 1959-60, I applied to do graduate work in England and the United States. Although accepted (with funding) at Harvard and Yale (file 4), I accepted the Carswell/ Sweet and Maxwell Scholarship for study at Cambridge University that was being offered for the first time that year (file 2). I also obtained a substantial scholarship that was offered by Osgoode Hall Law School if I promised to teach there for one year after I returned (file 3). My wife and I were therefore comparatively wealthy--she worked at a mental hospital just outside Cambridge-- and we bought a red Sunbeam Alpine that we brought back to Canada with us (file 39).

I was to spend one year getting a Diploma in Comparative Legal Studies. My topic was double jeopardy, although I had at first naively thought that I would cover in that one year several ‘bars to prosecution’. Glanville Williams was my supervisor. The circumstances of choosing my college and my supervisor are set out in an after-dinner talk that I gave several years ago at the annual Cambridge dinner (file 40).

We returned to Canada in the summer of 1961 and I started teaching at Osgoode Hall Law School. I taught there during 1961-62 and then applied for a leave of absence to be able to return to Cambridge to convert my work into a doctorate (files 8 and 9). This time, funding came from the Canada Council (file 5), with some travel funds from the Law Society. I had applied for a Viscount Bennett Scholarship from the Canadian Bar Association, which, as in 1959-60, I did not get. The file includes all the letters of reference relating to the 1959-60 application which the CBA mistakenly returned to me (file 6)!

There is extensive correspondence throughout the 1960s with my supervisor, Glanville Williams, and with Cambridge University (files 8-10). I required dispensation with respect to shortening the number of terms that I had to spend in Cambridge and various extensions that I required. During this same period, I was researching and writing Detention Before Trial (published in 1965) and was involved in the Legal Aid study and the Kimber Committee on Securities Regulation, all of which made it difficult to complete my thesis.

I had thrown out all my research notes many years ago. They were kept in spiral binders and I recall having well over 50 of them. The only hand-written documents that survived are various versions of the preface (files 18 and 20). Four of the chapters of the manuscript were published as articles before the book was published and in some cases before the thesis was completed (files 16 and 17). The thesis was approved in early 1966. I did not have to go back to England to defend it. Sir Rupert Cross was the external examiner. Gooderson and Odgers were the internal examiners (file 19).

The thesis (Box 2) was published by Oxford University Press, having first been turned down by Sweet and Maxwell, whose scholarship had started my association with Cambridge (file 21). There are the usual files connected with publication (files 22-27).

The book came out at the beginning of 1969. It was widely reviewed in legal journals (file 29) and has been frequently cited by various courts (files 33-36). There are files on the citation of the book by the Supreme Court of Canada, the Supreme Court of the United States, and the House of Lords. I have also included a sampling of citation by other courts.

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-Folders 11-14 in box 027 have been incorporated into folder 10.
-Folder 25 in box 027 has been incorporated into folder 24.