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regional wrap-up Bastarache stands as a giant among jurists, a workhorse of a judge who churned out an amazing 150 decisions. Bastarache's departure on June M 30 comes as a surprise, unexpect- edly at age 60, as he still has years to go until mandatory retirement at 75. Bastarache tells Canadian Lawyer he is leaving as much because of his health — he had an operation on his clogged arteries in February — as because of the increased workload. "The work- load has changed so much. We don't have much of a life any more," Bastarache says. "I could have tried to stay on for the long term, another 14 years, but what would be the point if I have to quit after seven years?" His language judgments will be ichel Bastarache will be remembered for his commitment to languge law. After 11 years on the Supreme Court, THE NATION languages program for three years. Minority language rights grasped him, and he embarked on a series of passionate legal defences of them. He helped Franco-Manitobans get their laws translated into French and got Franco-Alber- tans their own schools in Mahe v. Alberta. Then he went back home to Moncton in 1989 and for six years headed the Assumption Vie life insurance company until 1995, when he was appointed to the New Brunswick Court of Appeal. Two years later, he was appointed to the Supreme Court of Canada by Jean Chrétien, whose eye he had caught when they were both at Lang Michener LLP in Ottawa in the 1980s. It was his work ethic that Chrétien remembered. Quebec separatists were furi- remembered because they broad- ened minority language rights across country. For Bastarache, what stands out in his career is having had the opportunity as a judge to help people better understand the laws, particularly language laws, and the case he remem- bers most fondly is the Arsenault- Cameron v. Prince Edward Island schools case on minority language education rights. It gave P.E.I. Acadi- ans "locally accessible" schools. R. v. Beaulac established the right of the accused in criminal trials to choose the official language of their choice. Jean Victor Beaulac was tried and convicted of murder in Vancouver but his request for a trial in French was denied. The judge said Beaulac's Eng- lish was "adequate." The issue wasn't how well Beaulac spoke English, Bastarache wrote, French was still an official language and Beaulac had the right to choose a trial in French. He has a new book coming out, The Law of Bilingual Inter- Justice Michel Bastarache pretation. "After that I'll get back to law, likely with a big na- tional law firm, as legal counsel for the firm," he says. He plans to play more tennis and take up photography. His past life sizzles with change. The only common thread is public service. He has three law degrees, served as law dean at the University of Moncton and then associate dean at the Uni- versity of Ottawa. Then he ran the federal government's official ous. Appointing a federalist such as Bastarache, who co-chaired the 1992 "Yes" campaign for the Charlotte- town Accord referendum campaign irked them. But the SCC decision six months later in the secession of Quebec reference gave separatists a hard judgment they can use if ever they win their referendum. A former law clerk, Robert Leck- ey, who is at McGill University, re- members a dedicated, tireless judge, working all day at the courthouse and taking work home as well. "He set high standards for efficiency," re- members Leckey. Bastarache believed in collegiality. He discussed everything with fellow judges. He wrote a great variety of judgments, from the Har- vard Mouse to unionization of farm labour to child support payments for people on welfare, as well as private insurance law and contract law. He dissented about 30 per cent of the time. In 2001, he caused a stir when he told reporters he didn't agree with colleagues on expanded fishing rights for aborigi- nals in Atlantic Canada. First Nations accused him of bias, but the Canadian Judicial Council cleared him. The choice of a replacement for Bastarache presents a prob- lem. One of the nine judges, Marshall Rothstein is not bilin- gual. This means all French documents have to be translated for him, delaying the court. The Association of French-language jurists has written to Justice Minister Rob Nicholson to make sure Bastarache's Atlantic Canada replacement is bilingual. — RICHARD CLEROUX www. C ANADIAN Law ye rmag.com JUNE 2008 7 SUPREME COURT OF CANADA/PHILIPPE LANDREVILLE.