Oswald Smith Crocket

Oswald Smith Crocket (April 13, 1868 – March 2, 1945) was a Canadian lawyer, politician, and Puisne Justice of the Supreme Court of Canada.

Early life

Crocket was born in Chatham, New Brunswick on April 13, 1868, to William Crocket and Marion Caldwell. In 1886 he received a Bachelor of Arts from the University of New Brunswick. He was a correspondent for the Saint John Globe and was called to the New Brunswick Bar in 1892 and began practising law.

Oswald's older brother James Harvie Crocket became a journalist and newspaper publisher. James was a staunch conservative who played a significant role in the election of Douglas Hazen in 1903, and had significant influence in New Brunswick conservative circles.

In 1904, he was elected to the House of Commons of Canada in the riding of York, New Brunswick as a Conservative, defeating Liberal incumbent Alexander Gibson, Jr. He was re-elected in 1908, defeating Liberal candidate Nelson W. Brown, and re-elected again in 1911 defeating physician Alfred Bennison Atherton.

On December 11, 1913, Crocket was appointed a puisne judge of the Supreme Court of New Brunswick, King's Bench. On September 20, 1916, he was concurrently appointed a judge of the Court of Divorce and Matrimonial Cases of New Brunswick.

In the Reference concerning a statute abolishing the appeal to the Judicial Committee of the Privy Council, the Court in a 4–2 decision held that Parliament had the authority to abolish the appeal. Crocket in dissent, found the bill was unconstitutional as it interfered with the provincial administration of justice and effected the relationship between the provinces and the Crown. The Second World War delayed the appeal to the Privy Council until 1946, which held Parliament had the authority to terminate the appeal.

Crocket served on the Court until he reached the mandatory retirement age of 75 in 1943.

Later life He died in 1945, at home.

Appraisal

Historians Snell and Vaughan describe Crocket as a weak appointment to the Court. He was regarded as inflexible, deeply traditionalist in his outlook, and that approach created friction with future Chief Justice Lyman Duff. Duff had a poor relationship and described as having little respect for Crocket's legal knowledge or abilities. A surviving anecdote describes Duff stated he would change his decision after Crocket, in hoping to please Duff, told him he would write a concurring decision. Justice Ivan Rand described Crocket as "the stupidest man in New Brunwick."