Rand Ivan Cleveland

Rand Ivan Cleveland

Introduction to Rand Ivan Cleveland

Ivan Cleveland Rand (1884-1969), Canadian jurist and puisne (associate) justice of the Supreme Court of Canada (1943-1959). He was born in Moncton, New Brunswick, and earned a bachelor's degree in 1909 at Mount Allison University in Sackville, New Brunswick. Subsequently he studied under American jurist Louis Brandeis at Harvard University, where he received his law degree in 1912. He practiced law in Alberta and New Brunswick, and he briefly served as Attorney General of New Brunswick from 1924 to 1925 before becoming corporate counsel to the Canadian National Railroad in 1926.

In April 1943 Prime Minister Mackenzie King appointed Rand to the Supreme Court of Canada. Although he lacked judicial experience, Rand had an extensive background in corporate, labor, and administrative law. He also had experience as an arbitrator and interrupted his service on the Supreme Court to play a leading role on the United Nations Special Committee on Palestine in 1947.

Rand was an uncompromising civil libertarian who was committed to using the power of the judiciary to pursue social justice. His positions on issues placed him well away from the Court's more conservative center. One of his most significant decisions was in Margarine Reference (1949), which established the modern definition of Canadian criminal law. Rand argued that an act must have an “evil or injurious or undesirable effect upon the public” for it to be considered a crime.

He also became prominent in labor relations while arbitrating the 1945 strike against the Ford Motor Company in Windsor, Ontario. There he developed what became known as the Rand Formula, which required workers in unionized companies to pay union dues but did not require them to join the union. This formula, with some modifications, has been the basis for collective agreements in Canada ever since.

Rand retired from the Supreme Court in April 1959. He served as the first dean of the Faculty of Law at the University of Western Ontario from 1959 to 1964.” (1)

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This entry was last updated: August 24, 2014