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University of Toronto Archives and Records Management Services (UTARMS) Martin Lawrence Friedland fonds Series
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Government Committees and Other Government Work

The records in this series document Professor Friedland’s participation in a number of workshops and conferences in the Faculty of Law at the University of Toronto relating to terrorism, and a critical analysis he prepared on the federal government’s proposed anti-terrorism legislation, Bill C-36, in the wake of 9/11. There are also files as a consultant on policy aspects of the mandate of the Arar Commission, the federal Judicial Compensation and Benefits Commission, the Ontario Legal Aid Advisory Committee, a review of the legal studies program at Capliano University, and several projects he did not undertake.

Related files in this accession are those in Series 5 on earlier book projects, Detention Before Trial and Double Jeopardy. Professor Friedland drew on his The Trials of Israel Lipski (1994) for an entry on Lipski for the Oxford Dictionary of National Biography.

The files contain correspondence, memoranda, minutes of meetings, notes, and drafts of and some final copies of reports.

Addresses

Professor Friedland was asked by the Centre of Criminology and the Faculty of Law to give the John Edwards Memorial Lecture for 2003. This provided an opportunity to write an early draft of his memoirs, My Life in Crime and Other Academic Adventures, which he had been thinking about writing since finishing the University of Toronto history project. Over the summer he did a very long version of the lecture (the final count was over 37,000 words, with earlier drafts of around 25,000 words.) Then, for the lecture itself, he made a shorter version of about 15,000 words, followed by a much shorter version that could be delivered in 40 minutes or so. The article that appeared in the Criminal Law Quarterly was a somewhat revised version of the 15,000 word paper and was not the lecture as delivered. These files contain correspondence, notes, and drafts of the lecture, which was somewhat altered for Professor Friedland’s 2004 Life Learning lecture. The versions adapted for the Criminal Law Quarterly article appear in Series 5.

Some post-2003 addresses in B2014-0029 and B2020-0008 appear in Series 5 and 7, where they were placed by Professor Friedland.

Correspondence

The correspondence files in this series are arranged alphabetically by author and concentrate on the years 2002 onwards. (Earlier correspondence from this series is found in accession B2002-0023.) The letters, notes, cards, programmes, drafts of articles, and press clippings document Professor Friedland’s activities as a friend, as a colleague assisting in honours bestowed on his peers, as an author, and as an authority on legal matters. They also document the increased leisure that came with official retirement.

The wide range of material in the files includes correspondence, notes, grant applications, legal documents, press clippings; and drafts of articles, chapters of books, addresses (including convocation addresses), with a few offprints; and at least one play. There are also numerous greeting cards, including some with reproductions of paintings by Roy McMurtry.
The correspondence touches on many aspects of Professor Friedland’s life, both personal and professional and reflects the enormous network of contacts in legal and academic circles that he had built up over the years. The files cover a wide range of issues that he has been researching, including gun control, justice independence, court mergers, and access to the law, and others that he had been discussing with his colleagues, such as international terrorism (for example, see the files on Stanley Cohen). In the same vein, Professor Friedland was periodically contacted for his views on court cases. Although officially retired, he continued to be consulted about University of Toronto policies and appointments, and still received requests for references from students and colleagues. Because he sat on the manuscript review committee of the University of Toronto Press, he continued to evaluate manuscripts and to critique manuscripts otherwise forwarded to him. He periodically hired law students as research assistants and assisted them (and other students) as they started their careers. In addition to correspondence on these activities, there are also letters of congratulation and of reference, and correspondence on trips taken. The files contain numerous invitations, with accompanying programmes and related material, to dinners, installations and other events, and tributes to deceased friends and colleagues.

Faculty of Law and Other University of Toronto Activities

The correspondence files at the beginning of this series -- with three deans of Law in the 1980s and the 1990s and Professor Friedland’s stint as acting dean in 1995 – contain assorted letters not received earlier in B2003-0023. The remaining correspondence documents activities mostly from 2003 on, especially relating to the painting of his portrait, his contribution to the revitalizing the site of the Faculty’s buildings and the construction of a new one, and his interest in student and faculty publications.

The most significant files in the remainder of the series document Professor Friedland’s lecturing in the Faculty of Law and Woodsworth College from 2001 on, his involvement in an aspect of the Sher inquiry (the Nancy Oliveri case), and his advice in developing a student code of conduct at the University of Ontario Institute of Technology.

Correspondence

The correspondents in this series number just under four hundred individuals, of whom sixty-two read and commented on the entire manuscript (these names are listed on page 723 of the 2002 hardcover edition). The correspondents include Professor Friedland’s research assistants, archivists in the University of Toronto Archives, officials and editors at the University of Toronto Press, other editors, writers and independent researchers with an interest in the University’s history, and members of the public that Professor Friedland met in the course of his research and his giving of talks about the history of the University. The majority of the correspondents are academics and administrative personnel at the University of Toronto and elsewhere who were asked for information or offered their expertise. Some of the correspondence is post-publication reaction to the book.

The research assistants (in addition to those listed in Series I), are Sara Burke, David Bronskill, Colin Grey, Graham Rawlinson and Katrina Wyman. Of the staff in the University of Toronto Archives, Harold Averill was seconded part-time to the project to direct the researchers to the appropriate sources in the University Archives, to offer his knowledge of the history of the University and to read the manuscript. Other correspondents from the Archives are Garron Wells (University Archivist), Marnee Gamble (special media archivist) and Loryl MacDonald (administrative records archivist). The University of Toronto Press, the publisher of the book, is represented by Val Cooke, Ani Deyirmenjian, Malgosia Halliop, Bill Harnum, Anne Laughlin,
Melissa Pitts, and Ron Schoeffel. Presidents (past and current) of the University represented are: Robert Birgeneau, Claude Bissell, George Connell, Robert Prichard, and David Strangway. Some of the academics and university administrators forwarded drafts of articles or excerpts from books they were writing, while others commented on the manuscript or portions thereof. Papers or lengthy memoranda and reports are present on a cross-section of activities, disciplines themes and individuals relating to the University including (with the names of the correspondents in brackets). They include the admission of women (Sara Burke), botanical gardens (John Court), chemistry (Susanne McClelland), Connaught Laboratories (George Connell), engineering (Richard White), fees policy (David Stager), gays and lesbians (David Rayside), Jacob Hirschfelder (Sheldon J. Godfrey), Margaret Eaton School (John Byl), history of medicine (Jacalyn Duffin), medicine (David Bronskill), No. 4 General Hospital at Salonika, Greece during World War I (Mary Louise Gaby), philosophy (John Slater), the proposed Wolfe’s University (D. V. Anderson), women (Katrina Wyman), and women in graduate studies (Natalie Zemon Davis).

In addition to letters, the files may contain articles, notes, memoranda, background documents and publications, and the occasional press clipping A few of the files contain historical items, dating back to 1887, that had belonged early graduates and were forwarded by their descendants, Professor Friedland’s correspondents. The detailed comments on the drafts of the book by the correspondents in this series may, for the most part, be found in Series 4.

Personal and family

This series consists of files documenting Professor Friedland’s personal and family activities. It begins with a number of files documenting Friedland’s activities as a student and professor of law at the University of Toronto, his post-retirement professional and other activities. There follow files relating to members of his family, arranged by name, which focus broadly on family affairs and more specifically on personal lives, including professional and social activities, achievements, births, weddings and deaths. These are followed by other files containing correspondence sent home from England, Europe and Israel, and relating to the Friedland residences on Hillsdale Avenue and Belsize Drive.

The files contain correspondence, certificates, curriculum vitae, greeting cards, honours, notes, notices, legal documents such as passports and wills, medical reports, programmes, postcards, photographs, and press clippings (including obituaries).

Honours

The files in this series contain correspondence, addresses, certificates, programmes, and a photoprint relating to honours bestowed in Professor Friedland.

The honours described herein are: Queen’s Council (Canada), 1976; James Marshall Tory Dean’s Chair, Faculty of Law, University of Toronto, 1996; an LLD degree from Cambridge University (2000); and an honorary degree from the University of Toronto (2001).

Correspondence

The correspondence files in this series are arranged alphabetically by author. They document Professor Friedland’s activities as a friend, as a student advisor and thesis supervisor, as a colleague assisting in honours bestowed on his peers, as an author, and as an authority on legal matters. They also document the increased leisure that came with official retirement.

The correspondence touches on many aspects of Dr. Friedland’s life, both personal and professional. It reveals his enormous network of contacts in legal and academic circles ranging from Lord Denning down to lowly law students. The letters cover a wide range of topics and issues, including some very topical ones such as international terrorism. Dr. Friedland received numerous requests for references from students and colleagues and, because he sat on the manuscript review committee of the University of Toronto Press, he was also asked to evaluate many manuscripts.

Some of the files contain commentary on legal issues on which Dr. Friedland was working. They may also hold drafts of articles forwarded by colleagues for commentary or presented a complementary copies [published copies have been removed, though the appropriate references have been retained], letters of congratulation and of reference. There is also correspondence regarding and programmes of conferences, and correspondence re and programmes for installation ceremonies. There are numerous invitations to dinners and other events and tributes on the deaths of friends and colleagues and notes on any of the above. Also present are greeting cards and several photographs.

Research and publications

This series contains material relating to a number of Professor Friedland’s publications. For four of his books – Double jeopardy, The trials of Israel Lipski, The case of Valentine Shortis, and The death of Old Man Rice – the files contain only a small amount of correspondence, press clippings, and promotional material. The manuscripts for these books, along with the supporting correspondence and related material, are located in Friedland’s earlier accession, B1998-0006.

The series concentrates on three of Friedland’s publications, each of which generated a number of spin-off articles and much commentary. The files for these titles complement the more complete record of activities contained in B1998-0006. Controlling misconduct in the military, his 1997 study for the federal Commission of enquiry into the deployment of Canadian Forces in Somalia, attracted much attention. So did ‘Borderline justice’, his 1992-1996 study with Kent Roach comparing jury selection in the two Niagaras, one Canadian and the other American. Friedland delivered papers on their findings at conferences and articles appeared in several journals and in a festschrift. The third publication, A place apart: Judicial independence and accountability in Canada (1995), continued the spirited public debate over the issue, one that is still going on and which is documented here in conferences, seminars, reports, and even a video, along with supporting correspondence and notes. A file on the Chinese translation of this volume is located in Series 7: Other activities. There are also drafts of papers on topics such as legal aid and the Charter of Rights and Freedoms, along with drafts of the manuscript for the eighth edition (1997) of his book (co-authored by Kent Roach), Cases and materials on criminal law and procedures.

Other activities

The records in this series document some of Dr. Friedland’s professional activities, mostly outside the Faculty of Law (he retired in 1998 but still teaches). The first three boxes focus on his relationship with the University of Toronto Press where he served on its Board of Directors and has sat on its Manuscripts Review Committee for over twenty years, including being chair since 1995. Nearly all of the files relate to the Committee, and contain extensive correspondence with other committee members and the executive of the Press, including commentary on policy decisions, including manuscripts being considered for publication.

Dr. Friedland has also sat on the board of directors of the Osgoode Society, which promotes the writing of legal history. The five files relating to this society consist principally of memoranda, minutes and supporting documentation and there are few annotations and notes. The original material consists primarily of Dr. Friedland’s 1999 oral history interview conducted as a part of the Society’s Chief Justice Bora Laskin Project and his file on the Society’s twentieth anniversary symposium in June 1999, “History goes to Court”, where he chaired the panel on ‘Other leading cases’.

Dr. Friedland was elected a fellow of the Royal Society of Canada in 1983 (the files relating to his activities prior to 1997 are located in accession B1998-0006). In 1997 and 1999 he chaired the Innis-Gérin Medal selection committee. In 1997 he became a member of the nominating committee of Academy II (Humanities and Social Sciences) of the Royal Society of Canada and in 1998 was elected to the Council of Academy II for a three-year term. These activities, and his involvement in the 1999 RSC symposium in Edmonton, are documented here.

In October 2000 Dr. Friedland went to Beijing for ten days to discuss with Chinese judges issues relating to judicial independence. This project consisted of a series of seminars in Canada-China’s Senior Judges Training program sponsored by the Canadian International Development Agency and held at the National Judges College of China. Three different seminars were held – one on ‘judicial ethics’ in October (in which Dr. Friedland participated) and two in November on ‘judicial review’ and ‘case management’. The correspondence, notes, and reports relating to the project are contained in these files, along with drafts, in Chinese, of the published version of Dr. Friedland’s study on judicial independence, A place apart.

The remaining files in the series document a number Dr. Friedland’s other activities between 1995 and 2002. Included are a few addresses, some of his travels, and his membership in or association with a number of professional organizations such as the Canadian Institute for Advanced Research and the Law Commission of Canada. Dr. Friedland was appointed an officer of the Order of Canada in 1990 and awarded the Canada Council’s Molson Prize for ‘outstanding achievements and exceptional contribution to the enrichment of the cultural life of Canada’ in 1995. The files on the Molson Seminar and the Order of Canada reflect his ongoing responsibilities as a recipient of these awards. The last of the files document his continuing involvement in activities and issues at the University of Toronto, ranging from the Centre for International Studies’ program on conflict management to the Sports Hall of Fame selection committee.

Personal and Family

This series documents some of Professor Friedland’s personal and family activities, some partially covered in accession B2002-0023 and some not. Some of the material (birth certificate, old wills and passports, entries for Who’s Who and like publications) provide an overview of Professor Friedland’s activities at various times in his life. The files on his Toronto residences and his cottage (originally owned by W.P.M. Kennedy) document one aspect of the upward mobility of a prominent academic and writer. There is memorabilia in the form of selected greeting cards and files on trips taken over fifty years provide some insights on cultural and intellectual influences. Material on Arts and Law reunions and anniversaries at the University of Toronto, Cambridge University, and elsewhere provide additional comparisons of “then” and “now”.

The correspondence with members of Professor Friedland’s extended family focus on family affairs generally and on personal lives, including professional achievements and social activities, births, weddings and deaths. The most substantial files related to his children, Tom, Jennifer and Nancy, and his mother, Mina, who died in 2000. The large number of photographs provides visual documentation of the family spanning a century.

The files contain correspondence, appointment books, addresses, certificates and programmes, greeting cards and other memorabilia, legal documents, a memoir, notes, flyers, passports.. The records are grouped by activity and arranged, in the case of most of the correspondence, by the name of the family member to which it refers.

Research and publications

The first section of this series documents some of Professor Friedland’s activities regarding books and articles published before 2003, with updated files carried forward to 2013. While more extensive files pre-2003 writings are found in Series 5 of accession B2002-0023, the articles are found only in the accessions documented in this finding aid, B2003-0008 and B2014-0029.

The remainder of the series concentrates on several projects and their spin-off articles: Professor Friedland’s Detention Before Trial (1965), a study of the bail system; A Place Apart: Judicial Independence and Accountability in Canada (1995); ‘Access to the Law’ project, a major internet attempt to make law more accessible; the first and second editions (2003 and 2013) of his University of Toronto: A History; several articles published in Criminal Law Quarterly including ‘Criminal Justice in Canada Revisited’ (2004), ‘Searching for the Truth in the Criminal Justice System’ (2014), ‘Beyond a Reasonable Doubt: Does It Apply to Finding the Law’ (2015), and ‘Reflections on Criminal Justice Reform in Canada’ (2017); his memoirs, My Life in Crime and Other Academic Adventures (2007); his introductions to University of Toronto: The Campus Guide: An Architectural Tour (2010) and the 2014 republication of W. P. M. Kennedy’s The Constitution of Canada; and his Searching for W. P. M. Kennedy: the Biography of an Enigma (2020).

The ‘Access to the Law’ project, a follow-up on his 1975 book with the same title, did not go forward. The files document Professor Friedland’s efforts to realize the project, including lining up support, looking for a field for ideas on implementation, and his failure to convince the Mike Harris government to support it financially. Also included is a digital copy of the internet project.

The files on The University of Toronto: A History, written for the University’s 175th anniversary, complement those found in B2002-0022 relating to the first edition. They document not the writing of the book itself, but its launch and promotion, especially through Professor Friedland’s talks to University alumni groups across Canada and in selected cities in the United States, at conferences, and also through an exhibition in the Thomas Fisher Rare Book Library. Also documented are individual readers’ comments on the book, including references to errors and suggestions for inclusions in any future editions. The correspondence, notes, memoranda, programmes, slides and photographs detail the issues that arose and how they were resolved. Some of Professor Friedland’s talks relating to this project are found in Series 8: Addresses.

The second edition (2013) incorporated a new introduction and corrections. Notes for and drafts of it are present here, along with promotional material, reviews, and an interview with Steve Paikin of TV Ontario. The correspondence with individuals to whom Professor Friedland sent drafts for feedback includes incisive comments and new material provided by many of them. Professor Friedland detailed his conversations with, in particular, senior administrators: Donald Ainslie, Christina Amon, Meric Gertler, Paul Gooch, George Luste, Scott Maybury, Cheryl Misak, Mayo Moran, David Naylor, Julia O’Sullivan, Robert Prichard, Deep Siani, Shaun Shepherd, Elizabeth Sisam, Franco Vaccarino, Catherine Whiteside, and Paul Young. He also created additional files on many of the academic and administrative divisions in the University; these parallel those found in accession B1998-0022 relating to the writing of The University of Toronto: A History.

The research, writing, and publication of Professor Friedland’s memoirs is documented in detail, including the hiring of research assistants and the reports they presented, the numerous drafts of the volume, and the negotiations with University of Toronto Press and the Osgoode Society for Canadian Legal History over its publication, distribution, and promotion. At the same time as he was starting work on his memoirs, Professor Friedland was asked to give the John Edwards Memorial Lecture for 2003, which was presented as ‘Criminal justice in Canada revisited’ and published under the same title. Most of the files relating to this project are in Series 8: Addresses, but those relating to its publication in the Criminal Law Quarterly are in this series. The publication was a somewhat revised version of a 15,000 word paper he prepared for the Lecture but not delivered.

The files on Professor Friedland’s introduction to the 2014 republication of W. P. M. Kennedy’s The Constitution of Canada by Oxford Press documents each stage of the project from its inception when Oxford Press reached out to Friedland to its publication and beyond including drafts, correspondence related to feedback before and after publication, and listings and reviews of the final product. After the publication of the introduction, Professor Friedland continued on to give several talks and write an extended biography on W. P. M. Kennedy.

The files related to Professor Friedland’s biography, Searching for W.P.M. Kennedy: The Biography of an Enigma (2020) primarily document the research, writing, and publication of his book through research notes; correspondence with research assistants, archivists, colleagues, and the U of T Press; funding applications; and drafts.

In addition to a number of files on articles, derived from the above projects, are other files dealing with various aspects of criminal law in Canada.

Comments on drafts

In his “Introduction” , Professor Friedland writes, “Series 4 contains the comments made on the text by the many knowledgeable persons who read the manuscript. In some cases the comments are very extensive. Only the pages where comments were made are included. The correspondence files in Series 2 also contain e-mail and letters commenting on the text. Series 4 is limited to comments
written directly on a copy of the text. Francess Halpenny, a former managing editor of the U of T Press, started as one of these readers. Her comments were so perceptive and helpful that she agreed to be the principal textual editor of the manuscript.”

In addition to Professor Friedland’s researchers, Harold Averill of the University Archives, and editors at the Press, all of whom commented extensively, the comments of number of people with diverse backgrounds proved particularly helpful. They include Michael Bliss, historian; George Connell, a former president of the University; Jackie Duffin, a specialist in the history of medicine from Queen’s University; Judith Friedland (Professor Friedland’s wife), who is writing the history of her department (occupational therapy); Robert Gidney and Wynne Millar, specialists in higher (especially medical) education; James Greenlee, the biographer of Sir Robert Falconer; Donald Guthrie, University solicitor; John Slater, who was writing the history of philosophy at the U of T; and Stephen Waddams, professor of law.

Excerpts, talks and alumni events

Over the course of writing the history of the University, Professor Friedland worked closely with the alumni and publicity offices to ensure that the 175th anniversary celebrations received as wide a press as possible. As a result excerpts from his book-in-progress, articles, interviews and news items appeared regularly in University publications, particularly the University of Toronto Bulletin and University of Toronto Magazine, and occasionally in local and national newspapers. He also acted as an advisor to two alumni calendars that appeared in 2001 and 2002.

As the anniversary date approached, the frequency of these appearances increased, and Professor Friedland was the guest on a number of television programs. He also travelled across Canada, and even to Berlin, Germany, to address alumni groups.
In May of 2002, he presented a paper on the writing of the history of the University to the 71st Congress of the Social Sciences and Humanities in Toronto (see box /034(02) and appendix 2).

This series “contains files on…excerpts from the book, newspaper articles, TV and radio interviews, alumni events, and many other matters connected with the 175th anniversary of the University and the publication of the book” It also contains reviews of the book and some comments thereon.

The files in this series are broadly grouped into three categories and arranged chronologically within each: university publications, alumni publications and groups, and “other” addresses.

Footnote source binders

In his “Introduction” , Professor Friedland wrote that “in order to keep track of the vast quantities of [research] material we were producing, we devised a system of making copies of the relevant pages of material cited in the notes. We therefore rarely spent time looking for material we had already cited. There was a binder for each chapter, with various ways of accessing the material. Future researchers may find the material contained in this series, Series 8, helpful in their own research.”

Each “binder” (the binders themselves were removed and the pages were tied together with library ribbon) consisted largely of photocopied material from published sources and archival records, along with some research reports, material downloaded from websites, and other ‘original’ material. Beginning in 1999, Charles Levi went through these binders, tidying up the material, checking and clarifying the bibliographic reference points, retaining the pages and leaves from which citations were made, and circling the appropriate passages in red ink.

The series consists of three sub-series, the first (by far the largest), being the sources for each footnote in each of the forty-two chapters. The last two sub-series, ‘additional binder material’ and ‘further supplemental material, 19th century’, contain what their titles convey. The arrangement was (and is) by chapter, originally with footnote numbers on yellow post-it notes firmly taped in place.

For each chapter, all the post-its have been removed (as they have largely been through the other series) and the numbers transferred to the documents themselves. Material that was not photocopied has been retained in its entirely. With the photocopied material, the bibliographic reference points only have been retained and entered on the title page or as appropriate. There are numerous entries from periodicals in the University Archives, especially the University of Toronto Bulletin, the University of Toronto Monthly, the Varsity Graduate and its successors. Here, only the first one or two photocopies from each title have been retained; the other issues referred to were listed, with the relevant pagination and commentary.

Government-commissioned and other research

The principal elements in this series consist of the files Dr. Friedland assembled while a consultant to the Ontario Justice Review Committee and as a general consultant to the Office of the Attorney General for Ontario. The series ends with a small number of files on other activities, ranging from contract work for the government of the North West Territories to providing advice on the Hepatitis C class action lawsuit in Ontario.

As Dr. Friedland notes in his introduction, he was asked in 1998 to “help organize and draft the report for a committee [the Criminal Justice Review Committee] that was looking at the working of the criminal justice system in Ontario.” Its report was published in 1999. Most of the files relating to the Committee’s work, as might be expected, remain with the government of Ontario but there are still a substantial number in this series. Dr. Friedland’s correspondence and the briefs, memoranda and reports, often heavily annotated by him, along with his notes and the drafts of the Committee’s report, clearly demonstrate the role that he played in the process.

The consulting contracts Dr. Friedland signed with the Office of the Attorney General, beginning in 1996, enabled him to participate in the review of a “range of policy issues that were being debated in the department. These included issues relating to a possible court services agency and questions concerning devolution of a number of criminal justice matters to other bodies, including devolution of responsibility for the Provincial Offences Act to municipalities.” In addition, Dr. Friedland’s involvement in departmental roundtable discussions and the Crown Policy Manual Review Committee, provides insights into the high-profile legal cases of Guy Paul Morin and Paul Bernardo, and issues arising therefrom, including “jail-house confessions and the forensic laboratories”. Again, extensive notes and annotation complement the correspondence, memoranda, background and briefing notes, and reports found in the files.

Publication matters

Professor Friedland notes in his “Introduction” that this series “describes the process of publication and includes such issues as selecting pictures, working out the website for the notes, choosing a cover, plans for promotion of the book, preparing the index, and other matters connected with the publication of the book.”

Sub-series 5.3 is the largest by far and contains the correspondence and related files documenting the selection process for photographs. Sub-series 5.1 contains correspondence, documents, and memoranda relating to publication matters generally, readers’ reports, cover design, book orders, and events leading up to and the book launch itself. Sub-series 5.2, “endmatters”, is devoted primarily to issues relating to the bibliography and the index. Sub-series 5.4, “webnotes”, documents the issues and problems associated with putting all the footnotes on the Internet, the first time this was attempted by the publisher, the University of Toronto Press. Other files relating to webnotes may be found in Series 3, Sub-series 5.

Law school activities

The records in this series document Professor Friedland’s activities as a student, professor of law, and as an administrator in his capacity as dean of the Faculty of Law at the University of Toronto.

Prizes and awards

These three boxes contain material on various Prizes and awards that I have received. All are self-explanatory. Files on awards by granting agencies are contained in other boxes relating to the specific research project. Similarly, prizes and awards from my student days are contained in the appropriate boxes.

Other Professional Activities

The files in this series document five principal activities and a few minor ones, the arrangement of which is alphabetical by name of organization. The first principal activity is the report Professor Friedland prepared for Access Copyright on the distribution of royalties. The files include background material, correspondence and drafts of the report.

In 2001 he accepted the position of a public director and chair of the Investment Protector Corporation of the Mutual Fund Dealers Association of Canada and two years later was appointed to its board. There he chaired its ad hoc committee on committee structures and its governance committee. The files contain correspondence, memoranda, drafts of legal documents, and proceedings of meetings.

Professor Friedland chaired several degree assessment committees for the Ontario government: one on a paralegal program for Humber College: and another on policing for Georgian College. He also continued as a member of the Osgoode Society for Canadian Legal History board of directors, which was a significant transitional period with the death of Peter Oliver and his replacement by Jim Phillips. The files contain correspondence, miscellaneous documents, and minutes of meetings. There are also files on various projects with the Law Society of Upper Canada. In 2008 he participated in an external review of the Faculty of Law at McGill University and commented on Judge Michael Code’s mega-trial project. He also reviewed articles for Canadian legal journals.

Professor Friedland’s heavy involvement with the University of Toronto Press, as chair of the manuscript review committee and as a member of the board of directors, ended in November 2007 and on June 30, 2008 respectively. These were important years for the U of T Press, with the appointment of a new president and vice-president for scholarly publishing, the sale of the printing division, and the acquisition of Broadview Press. The files, generally, contain correspondence, memoranda, notes, agendas for meetings, and several photographs. The manuscript review committee files contain extensive correspondence, especially with Suzanne Rancourt, senior editor, humanities, and Bill Harnum, senior vice-president, scholarly publishing; and with Heather Murray.

Honours

The files document honours bestowed on Professor Friedland between 1958 and 2014. They are certificates and awards related to the publication of his The University of Toronto: A History, his LL.B from University of Toronto (1958); his enrolment as a Solicitor of the Supreme Court of Canada (1960); his appointment as a full-time member of the Law Reform Commission of Canada (1971); his appointment as an Officer of the Order of Canada (1991) and his promotion to Companion of the Order of Canada (2003); the Molson Prize, awarded by the Canada Council (1995); the Dawson Medal, awarded by the Royal Society of Canada (2003), and four honorary doctorates from the University of Toronto (2001), York University (2003), Humber College (2009), and the Law Society of Upper Canada (2014).

Of these awards, only one (U of T) is documented elsewhere; in B2002-0023, where there is more documentation than in this series.

The series contains correspondence, memoranda, minutes of meetings, programmes, photographs, certificates, convocation addresses and press coverage. The arrangement of the files is in chronological order of the honour bestowed.

Personal

These boxes contain personal materials relating to my early years, my undergraduate years, various correspondence from and to family members and others, materials relating to the immediate family, files involving homes and other property that we owned, my income tax returns, other financial matters, and assorted other files.

There is relatively little material relating to my early years, including my high school years (files 3 and 4). I saved very little of that material. Similarly there is very little with respect to my University undergraduate years (files 5-16). There are no files relating to courses in Commerce and Finance (file 7). There are a few scattered things involving the university fraternity, the University College Literary and Athletic Society (UC “Lit”), U of T athletics, Hart House, and the Historical Club (files 6-13). A few postcards and letters and newspapers relate to the World University Service (WUS) trip to West Africa in the summer of 1955 and the many trips thumbing through the states while an undergraduate and law student (files 14 and 15). Material relating to my time at law school is contained in the “Law School” sub-series in Series 4.

I have included correspondence and other documents involving our children and the immediate family (files 17-27) and letters received from Judy’s and my folks while we were in Israel (files 28-30). Letters relating to our times in Cambridge are found in the boxes on Double Jeopardy and Law Reform (Series 5).

There are files relating to the purchase and sale of 169 Hillsdale, our first house, and the purchase and rentals while away of 77 Belsize Drive, our second house (files 31-38). There is also a file on the purchase and sale of property in Barrie, Ontario (file 39). I have not included at this time the material that I have on the purchase from Dean WPM Kennedy’s son, Frere, in 1983 of the Kennedy property in Kearney, Ontario, where our summer place is.

I have included a file relating to the estates of Ben and Sarah Garfield, Judy’s uncle and aunt, of which I was an executor (file 48). There are also other financial matters in the files, particularly my income tax returns for the years 1963-1992 (files 50 and 52-57).

Other miscellaneous files include records of the Public Lending Rights scheme (file 41), a Cambridge Boat Race Dinner speech that I gave in 1990 (file 42), some correspondence with Jewish groups (file 43), and various who’s who entries (file 40).

Correspondence

The correspondence in this series consists of incoming and outgoing letters to a wide variety of personal and professional acquaintances of Professor Friedland. Included are many of his students, lawyers (including attorneys-general and ministers of justice), members of the Supreme Court of Canada and of provincial courts, and foreign judicial figures. Some of the files contain letters of reference and appraisals. Included with the correspondence are memoranda, addresses (especially ones relating to the awarding of honorary degrees at the University of Toronto), and some student papers.

In general, correspondence relating to a specific project will be found with that project. Documents that do not naturally belong to another project can be found here. So, for example, correspondence and other documents from Rob Prichard on conflicts of interest are contained in the boxes relating to that subject and correspondence from my Cambridge supervisor, Glanville Williams, relating to my work on double jeopardy are to be found in the boxes dealing with double jeopardy. Other correspondence is filed alphabetically in these boxes.

Introductory material

This series begins with and address by Professor Friedland on his writing of the history of the University of Toronto and his application for the position. Next are early notes, chronologies, chapter outlines and correspondence relating to getting the project under way. The series ends with more detailed outlines (arranged chronologically by the names of the University presidents) in which many of the issues raised are threshed out in memos with his research assistants: Kelly DeLuca, Charles Levi, Tim Meadowcroft, Michael McCulloch and Sam Robinson. These assistants, all law students with the exception of Levi (who was about to complete his doctorate in history) but with varying backgrounds in other fields (some had doctorates), worked with Professor Friedland over the summer of 1998. The law students returned to their studies in September but worked occasionally on special projects while Charles Levi stayed on as the principal researcher, to be joined in a year later by Patrick Okens whose specialty was athletics.

The files contain correspondence, notes, memoranda, lists, and an address.

Drafts of the manuscript

In writing the history of the University, the principal deadline Professor Friedland had to meet was to present a completed manuscript (except for the selection of photos) to the University of Toronto Press by 31 March, 2001, a year before the designated book launch that was to coincide with the 175th anniversary of the granting of the charter to King’s College on 15 March 1827. The book evolved over a period of almost five years from his first contact with the Press on the subject in June 1997. The earliest drafts (computer generated) appeared in October and November 1998 and the complete manuscript was sent to the Press in March 2001.

Sub-series 3.1 begins with drafts of the chapters (with notes embedded) that were written by Professor Friedland between 1998 and 2001. .

Sub-series 3.2, “Text”, begins with early drafts of each chapter, along with footnotes, sometimes with as many as ten versions for each chapter. Professor Friedland revised the drafts, chapter by chapter, as they evolved following feedback from others, the acquisition of more information, and his own further rereading. By the end of December 1999 he had completed at least one draft of the first 32 chapters, bringing the narrative up to 1960.

By mid-September of 2000, Professor Friedland had completed the first draft of the last chapters, 41 and 42 (the epilogue, chapter 43, he had begun writing at the end of December 1999). He usually worked on one chapter at a time, although interesting new information sometimes drew him away to other chapters.

In March 2000, he reread the drafts of the chapters that had been completed (by then usually several versions on), incorporating revisions into new drafts that were printed in April, with another round of drafts in September and October. He again reviewed the whole manuscript in the first week of December 2000, making mostly minor revisions. This December draft was sent to the fifty or so persons asked to comment on the entire manuscript. Further changes were made and a new complete draft printed in February 2001. This February draft was given to the Press as required under the contract. A new printout of the manuscript (again with minor changes) was prepared in April – the first one in which pagination was inserted – a copy of which was submitted to the Press in June and returned as copy-edited. Page proofs were then prepared, Professor Friedland made corrections, and another revised set was produced.

Only those versions with substantive changes that illustrate the evolution of each chapter (which averaged about ten pages, without footnotes) or which document the progress of the project at a particular juncture have been retained. Thus, some, but not all, of the drafts for the various versions of the chapters completed by the autumn of 2000 are found in this series. For the first cumulative manuscript, that of December 2000, those chapters [1-3, 6, 14, 15, 16, 18, 20, 21, 25, 27-29, 31, 34 and 39] that were unchanged from the earlier (September-October) drafts were not kept. For the remaining chapters, some alterations contain only a few words here and there but most have changes ranging from a few lines of text up to half-a-page. For the January 2001 draft only the nineteen chapters with substantial revisions or numerous annotations were retained. The February 2001 manuscript, which reflects the changes incorporated after comments received from readers, has been kept in its entirety.

Sub-series 3.3 contains the copy-edited version of the manuscript and various versions of the page proofs. The clean copy of the April version of the manuscript, identical to the copy-edited manuscript except for the editor’s marks and the insertion of section dividers and the addition of the “end papers”, has not been retained. Both sets of page proofs have been retained.

Sub-series 3.4 contains a sampling of drafts of the notes. Professor Friedland, in his “Introduction” , noted that there were so many bulky versions of the notes that he included only two versions of the notes, those of summer and November 2000, along with a complete set of the various drafts of the footnotes for Part 4 (chapters 22-27) of the notes. Also included are the notes for Parts six to eight of the February 2001 version of the notes. Some of the versions of the webnotes are contained in Sub-series 3.5. A hardcopy of the webnotes at the time of publication (March 15, 2001) was produced as a separate volume.

Research notes and documents

In his “Introduction” to this finding aid, Professor Friedland states that this series contains “some [my emphasis] of the research material collected over the past five years”; then describes the arrangement of the files. “Sub-series 7.1 consists of the spiral binders I used to make notes of what I was reading and how I planned to handle the material. Sub-series 2 contains the notes I made as I tackled each chapter. Sub-series 3 is the most extensive collection of material. In it, the subjects are set out in alphabetical order and include persons, places, institutions, and concepts. Individual files may include newspaper articles, research notes, obituaries, academic writings, and many other matters.” Professor Friedland threw out a large quantity of material before transferring his files to the University Archives: “Material that is bulky and easily found elsewhere has been excluded from the files. The series thus provides a unique source of information on topics which would take individual researchers many long days or weeks or months to gather themselves. University of Toronto publications, such as the University of Toronto Monthly, the Bulletin, and the various alumni magazines, were systematically gone through during the course of the project and copies of this material have been included in the relevant files.”

In sub-series 7.2, “Rough research notes”, the files are arranged by chapter (1-42). In sub-series 7.3, “Research materials”, the arrangement is alphabetical, “Abols – Zoology”.

The files, in whole or in part, that contain information not readily found elsewhere and that illustrate the process of research and writing have been retained. The large volume of photocopied material in the files when Professor Friedland turned them over to the University Archives has been substantially reduced. Much of it is already readily accessible in the University Archives, especially the identified textual records, indexed periodicals, and items from its biographical files (especially A1973-0026 and the ‘people files’) and ‘subject files’.

Entries from the widely available Dictionary of Canadian Biography have also not been kept, although entries from some difficult to locate biographical sources have been. Significantly annotated material and references to sources have been retained (some sources were added when the photocopies were culled), as has photocopied material from sources that would be otherwise very difficult for researchers to locate.

In the course of his research Professor Friedland made careful and extensive use of the files assembled by Robin Harris in the 1970s in his ultimately abandoned attempt to write the second of a proposed two-volume history of the University. Much of the material Professor Friedland’s researchers photocopied from this accession (A1983-0036) had earlier been copied from administrative and other sources in the U of T Archives. While references to files in this accession (and others) have been retained, the photocopies themselves, unless annotated, have been removed. Researchers should, in any case, ultimately refer to the original sources, where they are identified, in the University Archives.

Where deemed appropriate, photocopied material in volume has been retained. There are two principal occasions where this was done. First, Professor Friedland had
copied the complete run of Claude Bissell’s diaries and journals from 1934 to 1971, the year he stepped down as president of the University. These Friedland marked for further copying (the resulting elements were then used to bolster files about individuals, events, groups and organizations that were created by his researchers). Only the pages that were earmarked for further copying have survived culling; they contain the entries that were actually used throughout the manuscript and, with the ‘elements’ described above, provide a rough index to the diaries.

In the second instance, where indices do not exist items have largely been retained. Journals that are indexed in the University Archives include the student newspaper, the Varsity (1880-1931,1953-1973), University of Toronto Quarterly (up to 1937, thereafter in the Canadian periodicals index), University of Toronto monthly (1901-1948) and its successors, the Alumni Bulletin (1948-1956), Varsity Graduate (1948-1967), and the University of Toronto Graduate (1967-1972). The last’s successor, University of Toronto Magazine, has been searchable online since 1999. The Department of Development maintains a card index for the University of Toronto Bulletin, a journal about the activities of faculty and staff and events on campus, for the years 1980 to August 2000. As the card index to the Bulletin is not readily available to users, dated items from the years it covers have been kept, along with entries from earlier years. Recent years of the Bulletin are now available online.

Some of the files also contain research material, including correspondence, reports and publications, that were forwarded by individuals; these files are identified as discrete units and the material therein has, with few exceptions, been retained in its entirety. George Connell, for example, gave Professor Friedland two large binders of memos, reports, and addresses – some are original handwritten versions – from his years as president (see box 045). Some research material forwarded for use by the

History Project has been scattered throughout this series. The principal example here is the index cards compiled by James Greenlee while writing his biography of Sir Robert Falconer, president of the University from 1907 to 1932. These cards have been retained in their entirety and may be found in boxes 051 to 053 and in those files where the notation in the ‘date(s)’ field is [198-].

-Cassette audiotapes of an oral history interview by James Greenlee with Vincent Bladen have been removed from B2002-0022/042(03) to 001S and 002S;
-Cassette audiotapes of interviews by James Greenlee with Robert D. Falconer, dated 13 July and August 1979 have been removed from B2002-0022/050(12) to /003 - /010S
-A cassette audiotape has been removed from B2002-0022/077(14) - /011S

Faculty of Law activities

This series is divided into two sub-series, ‘Activities’ and ‘Correspondence with students’. The first sub-series contains correspondence, memoranda, notes, reports, and lecture material documenting Professor Friedland’s activities within the faculty and the faculty’s affairs generally. The ‘course’ files contain Professor Friedland’s outlines, notes, assignments and examinations for his course in criminal law. There are also files on the publications, Faculty of Law Review and Nexus. The remaining files in this sub-series relate primarily to Professor Friedland’s activities with the ‘Class of 5T8’s fortieth anniversary reunion in 1998 and to the Faculty’s fiftieth anniversary celebrations in 1999-2000. This sub-series ends with files on Professor Friedland’s 1997 report on the grading practices policy at the Faculty and on the Faculty’s marks scandal in 2001.

The records in this sub-series contain correspondence, memoranda and notes and reports; class outlines, assignments and other material; minutes of meetings for anniversary celebrations, along with programmes and publications (including drafts), sheet music and songs, and a video, notices, press releases and press clippings.

The second sub-series, ‘Correspondence with students’, contains correspondence, memoranda, curriculum vitae (but not student transcripts and marks, which have been removed), greeting cards, postcards and the occasional offprint relating primarily to references requested from Professor Friedland, and a file of memorabilia.

Most of the reference requests relate to applications for graduate school, academic appointments, and positions in legal firms and for clerkships in the Supreme Court of Canada and other courts. Others relate to academic honours – awards, prizes and scholarships. Some of the files also contain correspondence relating to courses taken and theses supervised, though most of this type of correspondence is located in ‘Series III.: Correspondence’ above. Some of the requests are more prosaic, such as asking Professor Friedland to sign passport applications and photos. Also included are memos from Professor Friedland to officials in the Faculty of Law, such as the summer student co-ordinator, about specific students. In their letters, these students and former students provide information about their current activities which sometimes have taken them far afield, examples being the Rwanda genocide case, the International Criminal Tribunal for the Former Yugoslavia, and legal work in Japan.