Paul C. Weiler (28 January 1939 – 7 July 2021) was the Henry J. Friendly Professor of Law, at

Harvard Law School Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...

and a widely published expert in

labour law Labour laws (also spelled as labor laws), labour code or employment laws are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship be ...

sports law Sport is a physical activity or game, often competitive and organized, that maintains or improves physical ability and skills. Sport may provide enjoyment to participants and entertainment to spectators. The number of participants in a par ...

and

tort A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with cri ...

. In 2016, he was appointed an

Officer of the Order of Canada The Order of Canada () is a Canadian national order and the second-highest honour for merit in the system of orders, decorations, and medals of Canada, after the Order of Merit. To coincide with the centennial of Canadian Confederation, the ...

Career

Weiler was born in

Thunder Bay Thunder Bay is a city in and the seat of Thunder Bay District, Ontario, Canada. It is the most populous municipality in Northwestern Ontario and the second most populous (after Greater Sudbury) municipality in Northern Ontario. Its population i ...

Ontario Ontario is the southernmost Provinces and territories of Canada, province of Canada. Located in Central Canada, Ontario is the Population of Canada by province and territory, country's most populous province. As of the 2021 Canadian census, it ...

. He completed a bachelor and master of Arts at the

University of Toronto The University of Toronto (UToronto or U of T) is a public university, public research university whose main campus is located on the grounds that surround Queen's Park (Toronto), Queen's Park in Toronto, Ontario, Canada. It was founded by ...

in 1960 and 1961, before completing an LL.B. at

Osgoode Hall Law School Osgoode Hall Law School, commonly shortened to Osgoode, is the law school of York University in Toronto, Ontario, Canada. It is home to the Law Commission of Ontario, the ''Journal of Law and Social Policy'', and the ''Osgoode Hall Law Journal ...

in 1964 and an LL.M. at

in 1965. In 1973 he was a professor of law at Osgoode Hall Law School, called upon by the

British Columbia British Columbia is the westernmost Provinces and territories of Canada, province of Canada. Situated in the Pacific Northwest between the Pacific Ocean and the Rocky Mountains, the province has a diverse geography, with rugged landscapes that ...

government to assist in drafting legislation which brought their Labour Relations Board into existence. Then, he "was chairman of the

Labour Relations Board from 1973 to 1978." He subsequently became the MacKenzie King Visiting Professor of Canadian Studies, Harvard University in 1978 and the Henry J. Friendly Professor of Law from 1993, until taking an Emeritus position in 2008.

Non obstante clause

Weiler had an influence on the formation of the 1982

Canadian constitution The Constitution of Canada () is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents are an amalgamation of various ...

. An article Weiler wrote in 1980 for the

Dalhousie Law Journal The Schulich School of Law is the law school of Dalhousie University in Halifax, Nova Scotia, Canada. Founded in 1883 as Dalhousie Law School, it is the oldest university-based common law school in Canada. It adopted its current name in October ...

recommended inserting a non obstante (or notwithstanding) clause in the Canadian

Charter of Rights and Freedoms The ''Canadian Charter of Rights and Freedoms'' (), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the '' Constitution Act, 1982''. The ''Char ...

. This would allow an individual

province A province is an administrative division within a country or sovereign state, state. The term derives from the ancient Roman , which was the major territorial and administrative unit of the Roman Empire, Roman Empire's territorial possessions ou ...

to pass a law in violation of some charter provisions. This concept was shared with Jim Matkin,

deputy minister of inter governmental affairs, who shared this with other provinces in a no-author text during interprovincial negotiations toward constitutional change in

Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...

.Bob Plecas, ''Bill Bennett, A Mandarin's View'', p. 161 During the

Kitchen Accord Patriation is the political process that led to full Canadian sovereignty, culminating with the '' Constitution Act, 1982''. The process was necessary because, at the time, under the '' Statute of Westminster, 1931'', and with Canada's agreemen ...

this

concept A concept is an abstract idea that serves as a foundation for more concrete principles, thoughts, and beliefs. Concepts play an important role in all aspects of cognition. As such, concepts are studied within such disciplines as linguistics, ...

reappeared and became one of the compromises that led to a

patriated Patriation is the political process that led to full Canadian sovereignty, culminating with the ''Constitution Act, 1982''. The process was necessary because, at the time, under the ''Statute of Westminster, 1931'', and with Canada's agreement, ...

Canadian constitution.

Publications

;Articles *'Promises To Keep: Securing Workers' Rights to Self-Organization Under the NLRA' (1983
96(8) Harvard Law Review 1770
;Books *''Entertainment, Media and the Law'' (West 3rd ed. 2006) *''Sports and the Law'' (West 3rd ed. 2004) (with G Roberts) *''Leveling the Playing Field: How the Law Can Make Sports Better for Fans'' (Harvard University Press 2000) *"Reconcilable Differences: New Directions in Canadian Labour Law" (Carswell 1980)

References

External links

Prof Weiler's blogspot
{{DEFAULTSORT:Weiler, Paul C. 1939 births 2021 deaths Harvard Law School faculty Writers from Thunder Bay University of Toronto alumni Osgoode Hall Law School alumni Harvard Law School alumni Officers of the Order of Canada Canadian legal scholars Neurological disease deaths in Canada Deaths from motor neuron disease Members of the National Academy of Medicine

Career

Non obstante clause

Publications

See also

References

External links