Bertha Wilson, 1923-2007
Tuesday, 1 May 2007 | 6:55
Photo: scc-csc.gc.ca
“Madam, we have no room here for dilettantes. Why don’t you just go home and take up crocheting?”
That was the response of the Dean of the law school at Dalhousie University when, in 1954, Bertha Wilson inquired about obtaining a law degree. Happily for Canadian jurisprudence – and specifically for Canadian women – the dean changed his mind.
Justice Wilson was the first woman hired by her law firm; she was the first woman to make partner of the law firm; she was the first woman appointed to the Ontario Court of Appeal; and, in 1982, she was the first woman appointed to the Supreme Court of Canada. Having joined the latter mere days before the new Canadian Charter of Rights and Freedoms came into effect, she was able to take part in many major decisions that are still shaping Canadian society today, most notably Regina v. Morgentaler – the decision that legalised abortion here. It was Justice Wilson who wrote the broadest reason for judgement, arguing not about procedural flaws in the legislation (as did the other judges); instead, she wrote about a woman’s fundamental right to govern her own body, and how the issue of abortion is something a man could never truly understand. These types of pioneering statements coming from a member of the highest court had a profound effect on future legislation in this country.
Bertha Wilson died on the weekend after a long battle with Alzheimer’s disease.







