Edward Watson McWhinney, QC (May 19, 1924 – May 19, 2015) was a

Canadian Canadians () 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 their being ''C ...

lawyer and academic specializing in constitutional and international law. He was a

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Member of

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from 1993 to 2000 for the electoral district of Vancouver Quadra.

Life and career

Born in

Lismore, New South Wales Lismore is a city located in the Northern Rivers region of New South Wales, Australia and the main population centre in the City of Lismore Local government in Australia, local government area, it is also a regional centre in the Northern River ...

Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...

, McWhinney, received his secondary education at

North Sydney Boys High School North Sydney Boys High School (abbreviated as NSBHS) is a Education in Australia#Government schools, government-funded, Single-sex school, single-sex, Selective school (New South Wales), academically selective secondary day school for boys, loc ...

, which he followed by study at the

University of Sydney The University of Sydney (USYD) is a public university, public research university in Sydney, Australia. Founded in 1850, it is the oldest university in both Australia and Oceania. One of Australia's six sandstone universities, it was one of the ...

, becoming President of the Sydney University Liberal Club and Student Representative Council. McWhinney was a

professor emeritus ''Emeritus/Emerita'' () is an honorary title granted to someone who retirement, retires from a position of distinction, most commonly an academic faculty position, but is allowed to continue using the previous title, as in "professor emeritus". ...

Simon Fraser University Simon Fraser University (SFU) is a Public university, public research university in British Columbia, Canada. It maintains three campuses in Greater Vancouver, respectively located in Burnaby (main campus), Surrey, British Columbia, Surrey, and ...

and an expert on the

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 ...

who was often called upon to advise the Canadian government. He reportedly advised successive Canadian prime ministers since

John Diefenbaker John George Diefenbaker (September 18, 1895 – August 16, 1979) was the 13th prime minister of Canada, serving from 1957 to 1963. He was the only Progressive Conservative Party of Canada, Progressive Conservative party leader between 1930 an ...

, as well as several

governors general Governor-general (plural governors-general), or governor general (plural governors general), is the title of an official, most prominently associated with the British Empire. In the context of the governors-general and former British colonies, ...

. He held professorships at

Yale Yale University is a private Ivy League research university in New Haven, Connecticut, United States. Founded in 1701, Yale is the third-oldest institution of higher education in the United States, and one of the nine colonial colleges ch ...

, the Sorbonne,

Toronto Toronto ( , locally pronounced or ) is the List of the largest municipalities in Canada by population, most populous city in Canada. It is the capital city of the Provinces and territories of Canada, Canadian province of Ontario. With a p ...

, McGill,

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, the

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, and at the

Meiji University is a Private university, private research university in Chiyoda, Tokyo, Chiyoda, Tokyo, Japan. Originally founded as Meiji Law School () by three lawyers in 1881, it became a university in April 1920. As of May 2023, Meiji has 32,261 undergradu ...

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. He was a legal consultant to the United Nations; constitutional adviser to the Premier of

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and to the Premier of

Quebec Quebec is Canada's List of Canadian provinces and territories by area, largest province by area. Located in Central Canada, the province shares borders with the provinces of Ontario to the west, Newfoundland and Labrador to the northeast, ...

; 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 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 ...

; 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 an intergovernmental organization headquartered at the Peace Palace, in The Hague, Netherlands. Unlike a judicial court in the traditional sense, the PCA provides administrative support in international ...

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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, 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 19268 September 2022) was Queen of the United Kingdom and other Commonwealth realms from 6 February 1952 until Death and state funeral of Elizabeth II, her death in 2022. ...

"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; branded as Western University) is a Public university, public research university in London, Ontario, Canada. The main campus is located on of land, surrounded by residential neighbourhoods and the Thame ...

, 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
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{{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 20th-century members of the House of Commons of Canada