Claude R. Thomson

Claude R. Thomson (September 30, 1933 – November 24, 2010) was a Canadian lawyer in Toronto, Ontario. He was a well-known courtroom lawyer, and also a pioneer of alternative dispute resolution in Canada, including mediation and arbitration. He served as the president of the Canadian Bar Association and the International Bar Association.

Early life, family and education Thomson was born in Toronto, Ontario, in 1933, the son of William Thomson, a civil engineer with the provincial department of highways, and Cecile Morency. His mother was francophone but would not speak in French to her son in public, fearing it would hold him back.

His family moved to Ottawa when he was young, where he attended St Patrick's College. He won the Canadian University Debating Championship, arguing that communist China should be admitted to the United Nations. The then mayor of Ottawa, Charlotte Whitton, awarded him the prize of a gold ring.

General litigation and arbitration After articling with a noted litigation lawyer in Toronto, Malcolm Robb, Thomson was called to the Bar of Ontario in 1958 and to the bar of Saint Helena in 1963. Thomson spent most of his legal career as a general litigator and partner with the law firm Fasken Martineau in Toronto, developing a reputation as an intense courtroom lawyer with formidable tactical skills, and acted for parties in a large number of high-profile cases.

Murder case on Ascension Island In 1963, an American engineer was charged with murder at an American missile base on the British overseas territory of Ascension Island in the south Atlantic. Thomson was asked to defend him. The trial occurred on the island of Saint Helena, eight hundred miles to the south of Ascension Island. The chief justice of Uganda presided over the trial. Thomson's client was acquitted of murder but convicted of manslaughter. He was sentenced to twelve years' imprisonment, which he served in England. Claude Thomson was retained to carry on the prosecution on behalf of the Crown. After a lengthy trial, the two newspaper chains were acquitted. Thomson later commented about the case: "I presented every piece of evidence I could. I asked every tough question I could think of. The judge believed the defence. That's what our system of justice is about and I have no complaints." and in Reference re Bill 30, which considered the constitutional guarantee for separate schools in Ontario.

Pioneer in alternative dispute resolution Thomson was an early proponent in Canada of alternative dispute resolution, namely ways to resolve disputes other than by expensive civil litigation in the courts. He developed a practice in combined mediation and arbitration and spoke frequently on methods and processes for alternative dispute resolution.

After leaving Fasken Martineau late in his career, Thomson joined ADR Chambers in Toronto, which provides mediation, arbitration and other dispute resolution services. In 2014, it was announced that ADR Chambers was now the largest arbitration company in the world.

Professional organizations

Canadian Bar Association Thomson served as the president of the Canadian Bar Association from 1984 to 1985. The Canadian Charter of Rights and Freedoms had been enacted two years previously, and he announced that one of his goals as president was to work for the repeal of section 33 of the Charter, which authorizes the federal and provincial governments to override certain Charter rights for a limited period. He was the second Canadian to serve in that post, the first being Neil McKelvey, who was also a former president of the CBA.

As president of the IBA, Thomson travelled the world in the interests of the legal profession. One notable trip was to Tunisia, where he attended a conference of the Union of Arab Lawyers. After some uncertainty, he decided to attend a function put on by Yasser Arafat, unaware that peace negotiations were underway between Arafat and Israel. One outcome of the trip was that the Tunisian government released a jailed Tunisian human rights lawyer, in response to pressures brought by the IBA and the chair of the Tunis Bar.

World Peace through Law Centre In 1985, Thomson was given the World Lawyer Award from the World Peace Through Law Centre (now the World Jurist Association). He was the first Canadian to receive the award. On accepting the award, he called on lawyers to oppose nuclear arms, saying: "Such weapons are illegal because they have the potential to destroy us all."

Other organizations Thomson was also on the board of the Advocates' Society and the Canadian Institute of Chartered Accountants.

Personal life Thomson was a fisherman all his life, particularly fly fishing. On one fishing trip off the Queen Charlotte Islands with Bryan Williams, another former CBA president, Thomson had a strike from a salmon. Although Williams encouraged him to let it go, Thomson persevered and after an epic struggle that lasted an hour, he landed the salmon, which weighed thirty-nine pounds.

Later life and death Thomson never really retired. He was working from his hospital bed just a few days before his death. He left his wife Rosemary, to whom he had been married for fifty-two years, five children and numerous grandchildren.

Honours 1976 Queen's Counsel 1985 World Lawyer Award given by the World Peace Through Law Centre 2005 Doctor of Laws, awarded by the Law Society of Upper Canada Knight of the Sovereign and Military Order of Malta