Robert Sharpe
Encyclopedia
Robert James Sharpe is a Canadian
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

 lawyer, author, academic, and judge. He was Dean of the University of Toronto Faculty of Law
University of Toronto Faculty of Law
Established in 1887, the University of Toronto Faculty of Law is one of the oldest professional faculties at the University of Toronto. The Faculty of Law is particularly renowned in the areas of corporate law, international law, law and economics, and legal theory.The law school has been...

 from 1990 to 1995 and is a judge of the Court of Appeal for Ontario.

Born in Brantford, Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....

, Sharpe received a Bachelor of Arts degree from the University of Western Ontario
University of Western Ontario
The University of Western Ontario is a public research university located in London, Ontario, Canada. The university's main campus covers of land, with the Thames River cutting through the eastern portion of the main campus. Western administers its programs through 12 different faculties and...

 in 1966, a Certificat Pratique de Langue Française from the University of Caen in 1968, a Bachelor of Law degree from the University of Toronto
University of Toronto
The University of Toronto is a public research university in Toronto, Ontario, Canada, situated on the grounds that surround Queen's Park. It was founded by royal charter in 1827 as King's College, the first institution of higher learning in Upper Canada...

 in 1970, and a D.Phil. from the University of Oxford
University of Oxford
The University of Oxford is a university located in Oxford, United Kingdom. It is the second-oldest surviving university in the world and the oldest in the English-speaking world. Although its exact date of foundation is unclear, there is evidence of teaching as far back as 1096...

 in 1974. He was called to the Ontario Bar in 1974 and practiced law with the firm of MacKinnon, McTaggart (later McTaggart, Potts, Stone & Herridge) in the area of civil litigation. He taught at the University of Toronto Faculty of Law from 1976 to 1988. From 1988 to 1990, he was the Executive Legal Officer for the Chief Justice of the Supreme Court of Canada Brian Dickson
Brian Dickson
Robert George Brian Dickson, , commonly known as Brian Dickson, was appointed Chief Justice of Canada on April 18, 1984. He retired on June 30, 1990 and died October 17, 1998.-Career:...

. From 1990 to 1995, he was the Dean of the University of Toronto Faculty of Law. In 1995, he was appointed to the Ontario Court of Justice (General Division) (now the Superior Court of Justice). In 1999, he was appointed to the Court of Appeal for Ontario. He is a patron of the Oxford University Commonwealth Law Journal
Oxford University Commonwealth Law Journal
The Oxford University Commonwealth Law Journal is a postgraduate-edited international and comparative law journal from the University of Oxford Faculty of Law, covering the study of legal trends and developments within and between Commonwealth jurisdictions.-Content:The journal includes articles,...

.

He is also the author of the following works: The Law of Habeas Corpus (1976), Interprovincial Product Liability Litigation (1982), Injunctions and Specific Performance (1983), Charter Litigation (1987), The Last Day, The Last Hour: The Currie Libel Trial (1988), The Charter of Rights and Freedoms (with Katherine Swinton and Kent Roach
Kent Roach
Kent Roach is a professor of law at the University of Toronto Faculty of Law. He is well known for his expertise and writings on criminal law, the Canadian Charter of Rights and Freedoms, and more recently anti-terrorism law...

) (2002), Brian Dickson: A Judge’s Journey (with Kent Roach) (2003), and The Persons Case
Edwards v. Canada (Attorney General)
Edwards v. Canada [1930] A.C. 124 – also known as the Persons Case – is a famous Canadian and British constitutional case where it was first decided that women were eligible to sit in the Canadian Senate...

: The Origins and Legacy of the Fight for Legal Personhood
(with Patricia McMahon) (2007).

He was elected a Fellow of the Royal Society of Canada
Royal Society of Canada
The Royal Society of Canada , may also operate under the more descriptive name RSC: The Academies of Arts, Humanities and Sciences of Canada , is the oldest association of scientists and scholars in Canada...

 in 1991.

Notable Court Cases

In November, 2007, the Toronto Star
Toronto Star
The Toronto Star is Canada's highest-circulation newspaper, based in Toronto, Ontario, Canada. Its print edition is distributed almost entirely within the province of Ontario...

 reported that "In a decision [written by Justice Sharpe on behalf of a panel comprising himself and Justices Karen Weiler and Robert Blair] described as a major breakthrough for freedom of the press in Canada, the [Ontario Court of Appeal] chiselled out what it calls a "new and distinctive" defence for journalists reporting on matters of public significance: The "public interest responsible journalism defence.""

In September, 2010, the National Post reported that Justice Sharpe wrote, in reducing the sentence of a convicted sex offender, "The sentencing process must retain a human face,". The reduction in the sentence is intended to give the sex offender, a Scot who has never applied for Canadian Citizenship, the right to appeal any deportation order.

On behalf of a three-judge panel at the Ontario Court of Appeal, Justice Sharpe continued, "He has no ties to Scotland apart from the fact it is the place of his birth,". The sex offender in question cannot be named in order to protect the identity of the victim, the son of the offender's partner.

The full text of this judgment is available from the Canadian Legal Information Institute.
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