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Edward Watson "Ted" McWhinney, QC (May 19, 1924 – May 19, 2015) was a
Canadian Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of ...
lawyer and academic specializing in constitutional and international law. He was a Liberal Party Member of
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
from 1993 to 2000 for the electoral district of Vancouver Quadra.


Life and career

Born in
Lismore, New South Wales Lismore is a city in northeastern New South Wales, Australia and the main population centre in the City of Lismore local government area; it is also a regional centre in the Northern Rivers region of the State. It is situated on a low flood pl ...
,
Australia Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. With an area of , Australia is the largest country by ...
, McWhinney, received his secondary education at
North Sydney Boys High School North Sydney Boys High School (abbreviated as NSBHS) is a government-funded, single-sex, academically selective secondary day school for boys, located at Crows Nest, on the Lower North Shore of Sydney, New South Wales, Australia. In 2022, Nor ...
, which he followed by study at the
University of Sydney The University of Sydney (USYD), also known as Sydney University, or informally Sydney Uni, is a public research university located in Sydney, Australia. Founded in 1850, it is the oldest university in Australia and is one of the country's si ...
, becoming President of the
Sydney University Liberal Club The Sydney University Liberal Club (SULC) is a student association operating under the auspices of the University of Sydney Union (USU). The club hosts policy debates, annual dinners, student election campaigns, and guest speaker events with mem ...
and Student Representative Council. McWhinney was a
professor emeritus ''Emeritus'' (; female: ''emerita'') is an adjective used to designate a retired chair, professor, pastor, bishop, pope, director, president, prime minister, rabbi, emperor, or other person who has been "permitted to retain as an honorary title ...
at
Simon Fraser University Simon Fraser University (SFU) is a public research university in British Columbia, Canada, with three campuses, all in Greater Vancouver: Burnaby (main campus), Surrey, and Vancouver. The main Burnaby campus on Burnaby Mountain, located ...
and an expert on the Canadian Constitution who was often called upon to advise the Canadian government. He reportedly advised successive Canadian prime ministers since John Diefenbaker, as well as several governors general. He held professorships at
Yale Yale University is a private research university in New Haven, Connecticut. Established in 1701 as the Collegiate School, it is the third-oldest institution of higher education in the United States and among the most prestigious in the wor ...
, the Sorbonne,
Toronto Toronto ( ; or ) is the capital city of the Canadian province of Ontario. With a recorded population of 2,794,356 in 2021, it is the most populous city in Canada and the fourth most populous city in North America. The city is the anch ...
,
McGill McGill is a surname of Scottish and Irish origin, from which the names of many places and organizations are derived. It may refer to: People * McGill (surname) (including a list of individuals with the surname) * McGill family (Monrovia), a promin ...
,
Indiana Indiana () is a U.S. state in the Midwestern United States. It is the 38th-largest by area and the 17th-most populous of the 50 States. Its capital and largest city is Indianapolis. Indiana was admitted to the United States as the 19th ...
, the
Collège de France The Collège de France (), formerly known as the ''Collège Royal'' or as the ''Collège impérial'' founded in 1530 by François I, is a higher education and research establishment ('' grand établissement'') in France. It is located in Paris n ...
, and at the
Meiji University , abbreviated as Meiji (明治) or Meidai (明大'')'', is a private research university located in Chiyoda City, the heart of Tokyo, Japan. Established in 1881 as Meiji Law School (明治法律学校, ''Meiji Hōritsu Gakkō'') by three Meiji-er ...
in
Tokyo Tokyo (; ja, 東京, , ), officially the Tokyo Metropolis ( ja, 東京都, label=none, ), is the capital and largest city of Japan. Formerly known as Edo, its metropolitan area () is the most populous in the world, with an estimated 37.46 ...
. He was a legal consultant to the United Nations; constitutional adviser to the Premier of
Ontario Ontario ( ; ) is one of the thirteen provinces and territories of Canada.Ontario is located in the geographic eastern half of Canada, but it has historically and politically been considered to be part of Central Canada. Located in Central Ca ...
and to the Premier of
Quebec Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirte ...
; chief adviser to the Canadian government's Task Force on National Unity (the Pepin-Robarts Commission); Royal Commissioner of Enquiry to the Government of Quebec; Special Commissioner of Enquiry for the Government of
British Columbia British Columbia (commonly abbreviated as BC) is the westernmost province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, for ...
; special adviser to the Canadian delegation to the United Nations General Assembly, as well as constitutional and international law adviser to a number of foreign governments. The author of 24 books (two of them in French and one in German), editor of 11 symposium volumes, and author of several hundred scientific articles, he was the first jurist from Canada to be elected to the century-old Institut de Droit International. He was a member of the
Permanent Court of Arbitration The Permanent Court of Arbitration (PCA) is a non-UN intergovernmental organization located in The Hague, Netherlands. Unlike a judicial court in the traditional sense, the PCA provides services of arbitral tribunal to resolve disputes that a ...
in
The Hague The Hague ( ; nl, Den Haag or ) is a city and municipality of the Netherlands, situated on the west coast facing the North Sea. The Hague is the country's administrative centre and its seat of government, and while the official capital o ...
and was a member of the Institut Grand-Ducal of Luxembourg, and of the Académie Internationale de Droit Comparé in Paris. He died on May 19, 2015.


Legal theory

In 2005, in anticipation of the publication of his book, ''The Governor General and the Prime Ministers'', Canadian media sources reported that McWhinney, a professor of constitutional law and former
Member of Parliament A member of parliament (MP) is the representative in parliament of the people who live in their electoral district. In many countries with bicameral parliaments, this term refers only to members of the lower house since upper house members o ...
, had suggested that a future government of Canada could begin a process of phasing out the monarchy after the eventual demise of
Elizabeth II Elizabeth II (Elizabeth Alexandra Mary; 21 April 1926 – 8 September 2022) was Queen of the United Kingdom and other Commonwealth realms from 6 February 1952 until her death in 2022. She was queen regnant of 32 sovereign states durin ...
"quietly and without fanfare by simply failing legally to proclaim any successor to the Queen in relation to Canada". This would, he claimed, be a way of bypassing the need for a constitutional amendment that would require unanimous consent by the federal parliament and all the provincial legislatures. However, Ian Holloway, Dean of Law at the
University of Western Ontario The University of Western Ontario (UWO), also known as Western University or Western, is a public research university in London, Ontario, Canada. The main campus is located on of land, surrounded by residential neighbourhoods and the Thames R ...
, criticised McWhinney's proposal for its ignorance of provincial input and opined that its implementation "would be contrary to the plain purpose of those who framed our system of government."


References


External links


Lectures and writings by Ted McWhinney published on the website of the UN Audiovisual Library of International Law
*

{{DEFAULTSORT:McWhinney, Ted 1924 births 2015 deaths People from Lismore, New South Wales Politicians from Vancouver Australian emigrants to Canada Lawyers in British Columbia Canadian legal scholars Liberal Party of Canada MPs Members of the House of Commons of Canada from British Columbia Members of the Institut de Droit International Yale University alumni Members of the Permanent Court of Arbitration People educated at North Sydney Boys High School Canadian judges of international courts and tribunals