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Materials regarding Seward Hiltner

Sub-series consists of articles and materials collected by Nouwen on Seward Hiltner. Materials were likely collected while Nouwen was at Notre Dame University and at Yale Divinity School. The material was likely collected for use in courses that Nouwen was teaching from 1967 to 1975 at Notre Dame, the Joint Pastoral Institute in Amsterdam, Catholic Theological Institute of Utrecht, and Yale. The courses were on the topic of Pastoral Care. The material might also have informed Nouwen's Theology degree, but this needs more research. In a letter in the file titled "Nouwen correspondence regarding Hiltner material" Nouwen writes, "I am presently involved in research concerning Seward Hiltner, and am trying to collect as many of his writings as possible."
Seward Hiltner (1909 - 1984) was an American Presbyterian minister who lived his life and work focused on the interface between psychology and theology. He believed that the two disciplines are vital to each other and that together they were a decisive force in shaping pastoral care and counseling. In addition to many other positions, Hiltner was the theological consultant for the Menninger Clinic as well as executive secretary for the Council of Clinical Training of Theological Students (founded by Boisen in 1930).

Collected articles

Sub-series consists of more than 70 articles collected by Nouwen for his research, writing, speeches, as reference for his duties as pastor, and for general interest. The sub-series consists of newspaper, magazine and journal articles as well as copied chapters from books and three manuscripts.
It is not known the exact purpose or reason these articles were kept, therefore, the archivist has arranged the sub-series in alphabetical order by title of the article. The articles in this series were likely collected and kept by Nouwen. There are other articles in 1.8.13. Henri Nouwen fonds - Administrative resources files. There are three files with a collection of articles (14081, 14082, 14083). These articles were likely given to Nouwen and so were filed with resources when they came in with letters.

Materials regarding Thomas Merton

Sub-series consists of materials collected by Nouwen related to Thomas Merton. Sub-series includes newspaper articles, mimeographed letters from Merton, several copies of Merton’s manuscripts and several of Merton’s commercially produced audio cassette recordings of his talks to the monks and community of the Abbey of Gethsemani. Sub-series also contains Nouwen’s own records of the materials he collected on Merton. Sub-series also includes materials relating to Merton’s death in 1968 and homilies of funeral services held in his honour.

Materials regarding the circus

Sub-series consists of materials collected by Nouwen about the circus with particular focus on the trapeze artists The Flying Rodleighs. Include books, articles, circus programmes and magazines. Sub-series also includes audio cassettes and typed transcripts of The Flying Rodleigh interviews carried out by Nouwen in November of 1991. Includes 12 audio cassettes, 1 videocassette and 15 volumes.

Postcards and icons

Sub-series consists of approximately 500 postcards and icons collected by Nouwen. The postcards are blank except for three which contain letters on the verso. Nouwen maintained the collection of postcards and icons in three plastic index card boxes. The first section contains postcards largely of a religious nature, including architecture churches, monasteries, etc. from around the world) and artwork by Van Gogh, Chagall, Rodin, Degas, Renoir, Barlach, and others, as well as postcards of New York. Also contains a photograph of a sculpture of Jesus on the cross and the three postcards with letters.
The second section contains postcards of a religious nature, including architecture (churches, monasteries, etc. from around the world) and artwork by Renoir, Van Gogh, Rodin, and others. Also contains postcards of people, flowers and nature scenes, and scenes of places from predominantly around the US.
The third section contains envelopes of icons and postcards. The envelopes are labelled "Icons", "Marthe Robin", "Archives", "Abbey of the Genesee", "Marthe Robin", "Genesee", "Rembrandt", "Check For Archives" and "Freiburg Cards". Also contains some loose cards in the back, as well as a photograph of a picture of Edith Stein in 1925 and a photograph of a church, inscribed in Dutch on the back. This box also contains icon ordination cards from the 25th anniversary of Nouwen's ordination.

Religious artifacts

Sub-series consists of religious artifacts owned by Henri Nouwen but not a part of the collected materials from his office, including psalms and prayers, rosary beads, stoles, vessels, large wooden crucifix, a tabernacle, and a gold chalice.

Promotional material for lectures, workshops and special events

Sub-series consists of posters, pamphlets and programs of various lectures and workshops conducted by or involving Henri Nouwen and events attended by Nouwen, including a card of thanks, miscellaneous worksheets and a reserved sign marked with Nouwen's name.

Awards and honourary degrees

Sub-series consists of awards and honourary degrees bestowed upon Henri Nouwen by various academic institutions, religious and community organizations, and literary associations, including correspondence and memorabilia relating to the awards and award ceremonies.

Books about Nouwen

Sub-series consists of four books written between 1985 and 1994 about Nouwen or containing a chapter about Nouwen. The two books written in 1994 represent student theses-like material on Nouwen's life. The other two books reflect on the lives of many individuals; Nouwen is represented in one chapter of each book. The books have been described at the item level.

Books contributed to by Nouwen

Sub-series consists of books written between 1974 and 1996 of which Nouwen co-authored, contributed a chapter, provided excerpts from his previously published works, or was interviewed. As well, Nouwen also provided introductions, forewords, prefaces, and recommendations to many books also included in this subseries. In addition to the books are photocopies of Nouwen's contributions to two other books not owned by the Archives. Paper notes and inscriptions within the books suggest that many of the books were given to Nouwen from the authors or publishers.

Guides

Sub-series consists of one leader's guide to Nouwen's book Letters to Marc about Jesus. The book was produced by the publisher of Nouwen's book as a learning aid. Through a series of questions and exercises it attempts to help the reader gain in their own spiritual life through Nouwen's book. The book has been described at the item level.

Books by Nouwen

Sub-series consists of hard and soft cover books or booklets written by Nouwen or containing Nouwen's words, published between 1969 and 1996. The Archives has a variety of editions, printings and translations of his books. It is not certain how Nouwen obtained most of the English versions since, other than a handful of presentation copies, few were personally inscribed to him. Although it may be presumed that some were publisher gifts, since many of the books still have their price tags, it is possible that they were purchased by Nouwen or his associates.

Scrapbook 1965 -1982

  • CA ON00389 F4-9-6
  • Subseries
  • 1965 - 1975, predominant 1970 - 1972
  • Part of Henri Nouwen fonds

Sub-series consists of originals and photocopies of published articles written by Nouwen, about Nouwen, about his books, or kept by Nouwen between 1965 and 1982. A pen and ink sketch of Nouwen by Prof. Bainton during a lecture in 1972 is found at p. 35. All articles are described to the item level except for an article by A.C. Ramselaar, Nouwen's uncle, and the book reviews which are described at the file level. The book reviews include those for Intimacy, Bidden om het leven, Creative ministry, Een levende heenwijzing, and Met open handen.

Scrapbook 1956, 1958

Sub-series consists of four original published articles written by Nouwen in 1956 and 1958. All articles are described to the item level. Two articles are copies of those found in the other scrapbooks. It appears that Nouwen prepared this scrapbook while studying at Nijmegen (1957-1964) and gave it to his mother in July 1975.

Lipski

In the Spring of 1981, I started looking for a project that would build on my interest in Mr. Justice James Fitzjames Stephen, who had played a prominent role in the article on criminal codes that I had completed on my sabbatical in 1979-80. I knew that Stephen had been involved in a number of interesting murder cases, such as the Maybrick case. I started to play around with a plot, perhaps a fictional one, that would involve Stephen, the Maybrick murder case, and Stephen’s son, J.K. Stephen, who may have been Jack the Ripper. In the course of this speculative investigation I came across the Lipski case. (See file 10.)

I had earlier seen brief references to the Lipski case that Stephen had tried in 1887, but did not know much about it except for the fact that Lipski was a Polish Jew and was hanged for murder. I looked through the London Times microfilm of the case that took place over the summer of 1887. The case was a fascinating one and I wrote to England to see if there were records on the case. They had records and even though they were closed for 100 years they would make them available for me. I was going over to England that summer to give a paper at the Cambridge Lectures and made arrangements to view the documents at the Home Office (file 2). The papers were very extensive (files 88-93) and there was also a transcript of the two-day trial (files 94 & 95). I arranged to have the documents copied and sent to me in Canada.

I quickly concluded that the case was an excellent one to explore the frailty of the criminal process and various other issues that interested me, such as Jewish immigration to England. It would also enable me to show the danger of capital punishment. One of the files I have included in this collection contains notes that I made in the 1960s on the issue of capital punishment (file 3).

There were, of course, many documents in other libraries and archives (file 4). The Cambridge Library, for example, contained the Stephen papers -- papers that I had used in the R. S. Wright article -- which included letters that Stephen had sent to his wife in the country during the trial and which showed what was going through his mind during the trial and in the later fight for a reprieve.

John Atkinson, a law student, was my research assistant that summer and did excellent work in helping me find material putting the case in the social and economic context of the times. He also helped me the following summer in Canada as well as in London where he spent a month in various libraries (See file 8.). (John died from cancer shortly after graduating from Law School. I gave the eulogy at his funeral. It has not been easy sorting through the file containing his notes.) Another excellent research assistant was Stephen Perry, who had just graduated from the Law School and had returned to Oxford to complete his doctorate in jurisprudence. (He is now
teaching at the University of Pennsylvania Law School.)He visited various archives for me in England in the fall of 1981 (file 9).

There was extensive correspondence with a large number of persons who had expertise in the various subjects covered in the manuscript (files 5 to 7). Some were experts on immigration to England, some on life in the East End of London, some on W. T. Stead, the journalist, who played a prominent role in the case, some on locked-door murder mysteries, and many others topics.

I have kept only a small part--perhaps about 10%--of my research files dealing with the case. Most had been culled earlier. Those kept include a number of spiral binders which show, to some extent, the chronological development of my ideas (files 10-13) and various specific files that may be of particular interest to future researchers. These include research on Jack the Ripper, locked-door mysteries, Rabbi Simeon Singer, W. T. Stead, and immigration matters (files 14-24).

There is no complete hand-written draft of the manuscript. It seems that I had my secretary type short hand-written sections after I had completed them. Some of these early drafts that I did keep are contained in various files in the collection (files 1, 25, 26, and 30).

In early drafts I gave away in the opening the fact that Lipski was hanged (see file 1). In later drafts, however, I decided that because virtually no one knew the Lipski case, I would keep back from the reader the fact that he was hanged, although I would state at the outset that he was convicted. The drama in the case would therefore turn on the issue of whether there would be a reprieve.

The book went through various typed and word-processed drafts (files 27-29, 53-56). The endnotes were done after the text was completed (files 30-38). There is considerable correspondence relating to pictures that were used in the book and for the slides that I later used in the various talks that I gave (files 57-60).

Macmillan London agreed to publish the book in December 1982 and a contract was concluded in 1983 (files 39-46). A number of other publishers had turned it down (file 50). Box 3 contains the various matters pertaining to publication such as author’s publicity sheets and catalogues. I was particularly pleased to have Macmillan London publish the book because they were Stephen’s publishers a hundred years earlier. Subsequently arrangements were made to have Macmillan Canada distribute the book in Canada at a reasonable price (file 48). The American rights were finally sold to Beaufort Books (file 49). No paperback edition was brought out (file 47). In 1995 copyright in the book reverted to the author (file 46).

A selection from the book appeared in the Canadian lawyer and in 1995 it was given the Crime Writers of Canada Award for Non-fiction for 1984 and was short-listed for the English Crime Writer’s Dagger Award for Non-fiction (files 51 and 52). I gave many talks with slides on the book, and did a number of radio interviews (Peter Gzowski and Vikki Gabereau, etc.) (See files 72 & 73.)

The book was widely reviewed in England, Canada, and the United States (files 65-69). The files contain extensive correspondence after publication (files 62-64), including correspondence with some of the reviewers (file 70) and correspondence with respect to the W. T. Stead Society.

There are a large number of files in box 45 dealing with possible movies. An Australian company, the principal of which was the murdered women’s granddaughter, took an option on the book and came fairly close to getting the financing for a movie (files 75-84). It had some of the leading character actors in England, such as John Mills and Leo McKern, lined up to play roles in the movie (file 83). A number of Canadian directors and producers, such as Pat Ferns and Beryl Fox, took an interest in the project, but nothing concrete developed. An American company also took an interest in the book, but again, nothing came of it (file 85). As I state later with respect to my other murder books, I’m still hoping!

R.S. Wright Articles

My sabbatical in 1979-80 was to be devoted to the process of law reform. While in Israel in the fall working on codification of the criminal law, I became interested in R.S. Wright and his Jamaica Code. I couldn’t discover very much about it. I wanted to add it as a footnote to what I was writing. Professor Yoram Schachar, then at the Hebrew University, urged me to go to the Public Record Office in London, where he had done work (file 4) and where I had never been. When I got to England at the end of December 1979 I went to the PRO at Kew Gardens. I spent most of the remaining part of the sabbatical working on the RS Wright story comparing his code with that of James Fitzjames Stephen (files 2-12). In the end, rather than one footnote, it had 324 footnotes (file 12). It was the first time that I told a story and I enjoyed the archival work so much that it led naturally to my later murder books.

The article, “R.S. Wright’s Model Criminal Code--a Forgotten Chapter in the History of the Criminal Law,” was published in the new Oxford Journal of Legal Studies (file 12). It is my favourite article by far. I gave a talk on it--‘Old and New Criminal Codes’--at the University of Windsor and at other law Schools (files 14 and 16). The Windsor talk was published in the Law Society of Upper Canada Gazette (file 15). In 1990, I gave a talk at the Washington meeting of the Society for the Reform of the Criminal Law on Codification in the Commonwealth, based on the Wright story, which was published in the Criminal Law Forum (files 17-19).

Access to the Law

In the summer of 1972, about the time I returned to the University of Toronto as Dean, I developed some ideas on access to the law which I had been thinking about when I was with the Law Reform Commission of Canada during the year 1971-72 .

The idea was to make the law accessible to non-lawyers who could not--then or now--penetrate the complex legal system, whether it was statutes, regulations, or cases. The scheme was to provide written material that could be digested by reasonably intelligent lay persons. It would combine federal and provincial laws. At the time the idea was to provide this information through encyclopaedias that would be available in public libraries and through intermediaries. It would also assist lawyers and legal aid clinics to find answers to problems and to be able to give material to interested clients. If the proposal were to be developed today, it would use the Internet. (See file 1).

A strong advisory committee was established, consisting of Francess Halpenny, the dean of the Faculty of Library Science, Ian Montagnes, the General Editor of the University of Toronto Press, Peter Russell, the Principal of Innis College, John Swan of the Faculty of Law, and Lyle Fairbairn, the counsel to the Ontario Law Reform Commission. (See file 2).

The Faculty of Law was heavily involved in the project because I thought it was desirable to try to get more interdisciplinary and group projects in the Faculty. (See file 3). Simcoe Hall was very supportive of the project. (File 4).

There was widespread consultation with librarians, lawyers and judges, and academics. (Files 5 to 7). Various governmental and non-governmental organisations were also consulted. (Files 8 to 13).

Various funding sources were explored. In the end, the funding was supplied by the Law Reform Commission of Canada, which took an active interest in the project. (Files 14 and 15).

Peter Jewett, a lawyer with Tory, Tory, and who had been my research assistant when he was at Law School, got a leave of absence from his firm to work on the project. He worked with his then wife, Linda Jewett, who was a librarian (she later became a lawyer). They travelled across the country discussing the concept with interested parties. (File 16).

We engaged a number of consultants to examine the present access to the law. Tony Doob of the Centre of Criminology helped us with experiments to see whether lay persons could, in fact, find their way around the present statute book. (They couldn’t.). A psychologist, Professor Paul Kolers, and an expert on linguistics, Harold Gleason, as well as experts in library science, Brian Land, Anne Schabas, Katherine Packer, and Alice Janisch, prepared papers for us. Various individuals assisted us in the preparation of models that could be examined. (File 17).

On February 8, 1974 I gave a speech on the concept to the Toronto Region Group of the Institute of Public Administration, which was excerpted in the Globe, and was widely reported in the Press. The paper was published in the Law Society of Upper Canada Gazette and Canadian Welfare. (Files 20 to 22).

In 1975, the book, Access to the Law, was published by Carswell/Methuen. Again, there was considerable interest in the concept by the press. See, in particular, the editorial by the Globe. (Files 23 and 24).

Although some progress has been made in developing the idea, the project remains unfulfilled. I had the chance of doing more on it when invited by the SSHRC in 1980 to submit a proposal on the project, but was unfortunately too involved at the time in other matters to take up their invitation. (Files 25 and 26).

The concept still makes excellent sense, particularly because of the Internet. It could be attempted by one province and the federal government to demonstrate that it could be done. In my study for the 1997 McCamus Legal Aid Review, I urged them to recommend such a scheme as part of the jurisdiction of the new Legal Services Commission. They did not do so. I also have urged people in South Africa, where there are very few lawyers, to study the scheme. The scheme remains to be tried in Canada or, indeed, in any other common-law jurisdiction.

Courts and Trials

After I was appointed dean in early 1972, I started to organise an interdisciplinary series of lectures on courts and trials (file 2). This was designed to make a statement that we were not just a professional school but were part of the University. The series was widely advertised and was given every few weeks throughout the academic year 1972-73 (files 3-4). The contributors were from a wide array of disciplines--Reg Allen in philosophy, Don Dewees in economics, Tony Doob in psychology, Jim Giffen in sociology, Charles Hanly in psychoanalysis, Ken McNaught in history, Anatol Rapoport in mathematics, and Peter Russell and Don Smiley in political science (files 5-15). Northrop Frye backed out (file 8), but later contributed to the Crime in Literature series. The series was published by the U of T Press in 1975 (files 17-22) and the book was dedicated to Bora Laskin (file 11).

Criminal Law Casebook

The first edition of my casebook, Cases and Materials on Criminal Law and Procedure, appeared for use in September 1967. That edition was published in a typed version by the University of Toronto Press. The following year they put out a typeset edition, which Francess Halpenny copy-edited over one weekend. The U of T Press put out five editions and decided that they would not produce a sixth, in part because the casebook was loosing the market and in part because they were getting out of the casebook business. A number of versions were prepared by me in house at the Law School and eventually Emond Montgomery put out the sixth edition in 1991, a seventh in 1994, and an eighth in 1997. Kent Roach joined with me as the co-editor of the Emond Montgomery editions. In general, Kent was responsible for the criminal procedure chapters and the sentencing material. I was responsible for the rest. In the sixth edition, we switched from the Truscott case as a case study to the Marshall case. The extensive correspondence relating to the various editions is included in files 18-21. Three of the editions which I had marked up while teaching, the fifth, sixth, and the seventh editions, are also included in the materials (files 10, 14, and 16).

Law Reform

In 1968, I received a Canada Council grant to undertake a project on the machinery of law reform (file 2). My plan was to write a comprehensive book on the various techniques for changing the law, from parliament and judicial lawmaking to the new Law Commissions that were emerging in the English-speaking world. In 1969, I gave a lecture sponsored by the Centre of Criminology on the machinery of criminal law reform, which was excerpted and commented upon in the Globe (files 5-8).

In 1969, for nine months, I explored the subject abroad: a few weeks in New Zealand, a month in Australia, and the rest of the time in England (files 9-13). I spent considerable time in London with the Law Commission (file 12) and other bodies. For most of that time, I was in the law library in Cambridge collecting materials and working out ideas for the book. Over the years, I wrote innumerable draft outlines for the book (file 15-19).

When I returned to Canada I was invited to present some of my ideas to the Department of Justice, which, as set out in the boxes on my work for the federal government, helped to influence the setting up of the federal Law Reform Commission.

I continued to work on the book, but in 1971 I was appointed to the Law Reform Commission of Canada, which made it difficult to devote much time to the project. When I returned to Toronto as dean in 1972 I continued to do work in the area, but concentrated on publishing specific papers on areas that interested me, that I thought would later form the foundation for the book. I did a paper, published in the University of Toronto Law Journal in 1974, on prospective and retrospective judicial lawmaking (file 35). Another paper was published in a festschrift edited by Peter Glazebrook for Glanville Williams in 1978 on pressure groups (files 36-40). As set out in the boxes on access to the law, I also published a book on the form of the law.

Throughout the 1970s, I did rough drafts of many areas of law (files 22-34) which I shared with my students in the seminar that I gave on law reform (see the boxes on teaching). Boxes of law reform materials were set out for their and my use (file 14). I also did considerable work on a paper, which was never completed, involving the House of Lords case of DPP v. Smith, which was the first subject dealt with by the English Law Commission (file 41).

When I concluded my term as dean in June, 1979, I went to Israel for the fall and to England for the spring. I was determined to come to grips with the great amount of material that I had collected and to publish a book on law reform. While in Israel I taught a course on law reform at the Hebrew University while working at Tel Aviv University (we lived in Netanya) (file 42). I commenced worked on the subject of codification (file 42)
which was to form a chapter of the book, but as described in the box of materials on R. S. Wright’s code, I spent most of my time in England researching and writing the article on Wright’s code.

When I returned to Toronto I wanted to find some way of completing the project. I decided to do a book of essays on law reform (files 46-49) and submitted a manuscript to the U of T Press (file 48). The book didn’t hang together, however, and eventually I withdrew it from the Press and published it with Carswells (files 51-60) in a different format under the title, A Century of Criminal Justice: Perspectives on the Development of Canadian Law, basing the main title on the paper that I did for the Royal Society for its Centenary celebration in 1982 (see boxes on other professional activities). I added articles that I had published in the last few years, plus an additional unpublished paper on the constitution and the criminal law. The book was published in 1984 and received good reviews. It did not, however, purport to be a book on law reform, although many of the essays dealt with aspects of the subject. It was simply a book on various essays on criminal justice. That ended my long involvement in attempting to publish a book on law reform. Still, I have never left my interest in the area. Indeed, today (January 20, 1998) I gave a talk at a workshop at the law school on commissions and committees, discussing the Somalia and Krever inquiries, and in preparation reread my very rough draft on the subject from the mid 1970s.

Detention Before Trial

In the fall of 1961, under the auspices of the Programme in Criminal Studies of the Osgoode Hall Law School (consisting of Desmond Morton and myself), I started to explore the possibility of doing an empirical study of the bail system in Canada. Hans Mohr of the Clarke Institute had been sitting in on my criminology seminar and had been encouraging me to do empirical work. Caleb Foote, then at the University of Pennsylvania, had conducted such studies in the United States and I invited him to give us advice on how best to conduct such a study (file 2). The files contain extensive correspondence with others who had knowledge of the area (files 2 to 9), including the Vera Foundation in New York (file 4) and statisticians with the then Dominion Bureau of Statistics (file 9), now Statistics Canada.

I hadn’t realised how difficult and time-consuming it was to do empirical work. The bail project had, however, captivated my interest and, when I decided to return to Cambridge to complete my doctorate in January 1963 (see the Double Jeopardy files), I took all my bail files with me and tried to switch my thesis topic from double jeopardy to bail. Glanville Williams discouraged me from doing so, and I therefore had two major projects hanging over my head for several years.

The planning for the project took place in the second term of 1962 (file 8) and over the summer of 1962 I had a horde of summer research assistants helping me collect data from the courts, the police, and other sources. We took all the criminal cases that arose in the Toronto Magistrates’ Courts over a six month period--about 6,000 cases (see the preface to the book). An even larger group of law students helped me code the data, which was eventually transferred to punched cards, which produced quantitative data which we could then analyse (files 11 and 12). When I returned to Canada from England in the summer of 1963, I put double jeopardy on hold and started writing up the material on bail. I completed the writing of a draft of the manuscript in the fall of 1964 and submitted it to the University of Toronto Press.

The manuscript was submitted to the Press in December 1964 and the book appeared in June 1965 (file 16). Osgoode Hall Law School had supported the work and it seemed fair to have it appear before I moved to the U of T Law School in July 1965. The speed of publication was particularly impressive because the manuscript needed a lot of editorial work (files 17 and 18, and 20 to 24).

The book was excerpted in three weekly full-page articles in the Globe and Mail in June 1965 (file 36) and was the subject of two programmes of the CBC’s Toronto File (file 35). There were a great number of editorials and news stories about the book (files 37 to 42) and there were reviews in Canada, England, and the United States (files 26 to 28).

In July, 1965 I made a presentation to Department of Justice officials in Ottawa (file 29), gave a number of talks on the book (files 31 and 32), and appeared before the Standing Committee on Justice and Legal Affairs in Ottawa in 1967 (file 34). I also supported the Toronto Rotary Club’s Bail Project that started in 1965 and which developed into the Provincial Bail Program (file 33).

John Turner, the Minister of Justice, took an interest in the subject. I took part in the drafting of the Bail Reform Act, along with the principal draftsman John Scollin and others, including Turner’s executive assistant, Irwin Cotler. The files contain four drafts of the legislation, showing the various changes from draft to draft (files 43 to 47). The files also contain the various Bills that were introduced into Parliament and the Act that was eventually passed in March 1971 (files 48 to 51). There was a reaction to the Act and less liberal amendments were introduced in 1975 (files 52 and 53).

Double Jeopardy

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.

Appointment books

The four boxes in this sub-series contain the appointment books that I used for the years 1961 to 1994 (boxes 1-4). They contain appointment for each day and various other matters that I wanted to record, such as certain financial transactions. While I was dean from 1972 to 1979, my secretary, Patricia Dawson, also kept a daily appointment book for many of my activities (box 5).

Teaching

The two boxes of teaching material in this sub-series contain a small portion of my teaching materials. Before each class I would normally prepare a new outline for use in that class and would eventually throw out the earlier teaching materials. There are some examples of the type of notes used for my criminal law small group for 1993-94 in file 16. I have not included my recent teaching materials because I hope to use them in the future to prepare current teaching materials, assuming that I continue teaching one or more courses.

There are files in another part of the collection dealing with the criminal law casebook, which I have used in various editions since 1967.

   My usual teaching load at U of T was two courses and a seminar or a course and two seminars.  The course was almost always criminal law, sometimes a large section, sometimes a small section (files 14-18), and sometimes both in the same year. For several years after I came to U of T I gave a course on securities regulation and one on personal property.  At Osgoode Hall Law School I taught evidence, personal property, and gave a seminar on criminology.

For many years one of the seminars offered was on Law Reform ((file 7). Since about 1990, I have offered an Advanced Criminal Law Seminar (files 19-27), sometimes with Kent Roach. In recent years, the Advanced Criminal Law Seminar looked at comparisons between criminal justice in the United States and Canada, concentrating on Niagara Falls, New York and Niagara Falls, Ontario as well as comparing Buffalo and Toronto. This area is the subject of research Kent and I did on the Two Niagaras, which is found elsewhere in the collection. The Advanced Criminal Law seminar in 1991 was devoted to an examination of the General Part of the Criminal Law that had been the subject of a report by the Law Reform Commission of Canada (file 21). The work in the seminar formed the basis of a presentation to a Parliamentary Committee by two students and myself (file 22).

  Other seminars conducted over the years included an empirically-based criminology seminar in 1967 (file 6), and seminars on Crime and Literature for two years in the late 1980 which are found elsewhere in the collection.  In 1983, I ran the Law Review Seminar which that year dealt with criminal law reform (file 10) and in 1984 along with Bob Sharpe I ran the Law Review Seminar dealing with the Charter (file 11).  Both resulted in excellent papers by the students published in the Faculty of Law Review.  For a couple of years in the early 1980s I gave a seminar on International criminal law (file 9).

Law School: Student, Professor, and Dean

The four boxes in this sub-series contain documents relating to my experience as a student, my four years at Osgoode Hall Law School, and my time as a law teacher and dean at the University of Toronto Law School.

There are very few documents relating to my student days at law school (files 2 and 3), apart from my moot factum (file 2) and notes and a small paper prepared for Abe Weston’s jurisprudence course and a set of notes taken in Bob McKay’s criminal law course (files 4 and 5). I have included several marked-up texts used as a student, including my international law casebook, the subject that was to be the subject of my graduate studies (file 7). (For a description of why I chose criminal law for my graduate work, see my speech to the Cambridge Boat-Race dinner in box 04, file 42). As I apparently tossed out most of my notes when we went to England in 1960, there is also very little from my articling year and the bar admission course. What has survived is one incorporation I did and a number of cases I argued for the firm of Kimber and Dubin and some legal aid criminal cases that I took on my own (files 8-10). Some of these cases were sensational enough to be covered in the yellow journals of the day, in Hush, Justice Weekly, and Tab.

Similarly, there are very few documents relating to my four years teaching at Osgoode Hall Law School from 1961-1965 (file 11). Research notes and documents relating to the Osgoode years can, however, be found in a number of other boxes, such as those relating to Detention before Trial, Securities Regulation, and Double Jeopardy.

I was appointed to the University of Toronto Faculty of Law commencing on July 1, 1965 (file 12). From that period on there is more material. The files, for example, contain some material on the Law School’s Research Committee and its Long Range Planning Committee, as well as various other memos (files 13-15).

In 1972 I was appointed as the dean and returned from my year as a Law Reform of Canada Commissioner in Ottawa (files 16-20). The files contain a fair amount of correspondence while still in Ottawa relating to the deanship (file 21). There are also various law school plans and speeches made while dean (file 22).

The many files connected with my seven years as dean between 1972 and 1979 will be found in the normal law school files. I did not go through the files to keep any law school records when my term of office was over. There is, however, a fairly lengthy interview done for the student Advocate (file 23). There are also a number of files dealing with student mooting while I was dean which were not part of the law school records but were given to me by some students a number of years later (possibly in the early 1980s) because they didn’t know what to do with them (files 41-44).

In 1975 I started making brief notes of my plans for the coming year (file 24) and kept this up until the present. I usually did these around Labour Day. From about 1980 on I also prepared, as we were required to do, annual reports to the dean on my moonlighting and other activities for the past year (file 27).

Correspondence from 1980 on not found in other boxes is contained in files 28-36. The files also contain material on other aspects of law school life, such as my chairmanship of the Directed Research Committee (files 37 and 38), my involvement as faculty advisor to the Faculty of Law Review (file 40), my membership in the graduate committee (file 48), and my involvement in seeking special salary increases for the faculty (file 39). None of these files is very complete, however. There are also files on my involvement in the law school annual squash tournament, various alumni events, and various talks I gave at the law school (files 45,47, and 51). Other files deal with various sabbatical plans, various media appearances, and ways in which I coped with the changing technology, including the use of the computer (files 46, 49, and 53). A number of law school pictures are contained in file 50.

College and Universities Retiree Association of Canada (CURAC)

Sub-series consists of material documenting Prof. Russell’s involvement with the College and Universities Retiree Association of Canada (CURAC). His activity with the organization began at its founding as he participated in initial 2002 meeting of the CURAC Steering Committee and helped draft the organization’s Constitution. Prof. Russell would later become its Founding President (beginning in 2003 for a 2-year term) and continued serving on various committees throughout the decade.

Material documents executive and committee activities predominantly covering the period between 2003 and 2008. Files include Board of Director minutes, documentation of incorporation, planning for annual conferences and general meetings, membership surveys and the activities of various committees, publicity material and correspondence.

Retired Academics and Librarians of the University of Toronto (RALUT)

Sub-series consists of records documenting Prof. Russell’s participation in the Retired Academics and Librarians of the University of Toronto (RALUT). At its founding, the organization focused on issues surrounding pensions at the UofT and the continued academic activity of faculty members following retirement. Prof. Russell served as the organization’s Founding President. Material covers activities of the Executive Committee, Benefits Committee, Pension Committee, and the Joint Working Group on Retirement Issues, in addition to an address given by Peter Russell at the organization’s 2006 annual general meeting.

Royal Commission on Aboriginal Peoples

In 1992, the Royal Commission on Aboriginal Peoples, co-chaired by Judge René Dussault and Georges Erasmus, was established by the federal government. Prof. Russell was hired as Chair of the Research Advisory Committee and served from 1992-1995. According to the terms of reference, this Committee was to “devise and recommend a set of ethical principles to guide the conduct of research authorized” by the Royal Commission, “to provide advice on the overall design and methodological approaches of research”, and “to oversee discipline-based peer review in Political Science, Law, Economics, Anthropology/Sociology, Geography and History in addition to …peer review of Applied Studies and studies on the North”. Prof. Russell’s role is documented in correspondence, notes, newsletters, reports and manuscripts of studies. Among the studies included are “Aboriginal peoples and constitutional reform” written by Prof. Russell and Roger Jones, “Canadian governments and aboriginal peoples” governance papers for British Columbia, Nova Scotia, and Newfoundland and Labrador.

Dene Nation Southern Support Group

In 1974, Prof. Russell was appointed Chairman of the Dene Nation Southern Support Group. This informal body led by both Russell and Prof. Don Simpson (University of Western Ontario), was established in September 1974 by the Indian Brotherhood of the Northwest Territories and Metis Association. Their task was to secure support and understanding for the Land Settlement in southern Canada. To accomplish this goal, volunteers were attracted and the group produced an information booklet and coordinated fundraising activities in major cities across Canada. In 1975, a Support Group office was set up in Ottawa and closed two years later (October 1977) following the resolution of a number of Dene Nation concerns. These included the Mackenzie Valley Pipeline and the recognition that the Dene Nation’s political struggle for self-determination had become the primary goal. As a result, Prof. Russell and Prof. Simpson assumed an advisory role. Records include correspondence, notes, copies of newsletters, and copies of Land Claims documents.

The Ipperwash Inquiry

In November 2003, the Ipperwash Inquiry was established by the Government of Ontario to investigate and report on the factors surrounding the death of Dudley George. Mr. George was shot and killed during a protest at the Ipperwash Provincial Park in 1995. The Commission responsible for the Inquiry submitted its final report in 2007. Prof. Russell served as a member of the Inquiry’s Research Advisory Committee whose work assisted with Part II of the Inquiry: Policy and Research. Material in this sub-series covers background research, correspondence and documentation of the activities of the Committee, as well as draft typescripts of individual chapters from the final report. Series also includes letters written in response to statements made by then OPP Commissioner, Julian Fantino, following the National Day of Action, 2007.

Subject files and correspondence

This series contains files of correspondence, notes, reports, minutes of meetings, clippings, manuscripts, and other records relating to various activities, organizations, issues that Prof. Russell has been involved in over the past four decades. Material reflects his academic interests related to constitutional issues, legal topics, as well social justice issues in support of aboriginal rights and human rights. Sub-series includes correspondence, reports and notes relating to the Canadian Bar Association’s Committee for appointment of Judges, the China Democracy project, the Bilingualism & Biculturalism Commission, the Task Force to Review Comprehensive Native Land Claims, the University League for Social Reform, and other issues and bodies.

APO C-II deficiency research

Series contains material documenting specific studies and general research within the Studies of Familial Apolipoprotein CII Deficiency project. Initiated in 1977, the project aimed to study family members with apolipoprotein C-II deficiencies in order to establish the clinical and genetic characteristics of the condition. Lead investigators were Diane Wilson Cox, Carl Breckenridge, and Alick Little. The project also included collaborative studies with external researchers. Included in the material are records related to the APO CII Deficient Pedigree Study and the Apoloprotein CII deficiency: An investigation of abnormalities of Lipids and Lipoproteins and the Anemia of Homozygotes project as well as documentation of field trips to the United States (Texas. Records include proposals, correspondence with patients, fellow researchers and doctors, patient records, data print-outs, family study questionnaires, lab results, and reports.

Coronary Primary Prevention Trial (CPPT) and other studies

Series consists of five files related to the Coronary Primary Prevention Trial (CPPT). The trial tested whether lowering plasma cholesterol would prevent fatal and non-fatal heart attacks. The clinical trial was conducted at the Toronto McMaster Lipid Research Centre as well as eleven other US centres. Series also includes a proposal for a second analysis for nutrient intake. Records include notes, summaries of results, speaking notes from a 1984 press conference, and commentary of published CPPT findings and data tape documentation.

Population (Prevalence) Studies

Series contains records documenting research performed as part of the Toronto McMaster Lipid Research Clinics Population (Prevalence) Studies. Comprised of a number of individual studies, the project analyzed data from more than 8,200 subjects from both Hamilton and Toronto over two visits. Material within the series includes progress reports from the initial visits in addition to representing specific component studies. Component studies included in the sub-series are morbidity and mortality follow-up studies, high-density lipoproteins triglyceride (HDL-TG) risk factor analysis, and the Toronto Hamilton Comparison Study. Records includes data, notes, correspondence, typescripts and tables.

Results 101 to 150 of 307