AUBREY EDWARD GOLDEN, Q.C., LL.M.
474 Bathurst St.
Toronto, ON M5T 2S6
Tel. 416 489 8658; Fax 416-489 964-5895
Email:
URL: www.goldenlaw.com
SUMMARY
Senior Counsel, now retired, in employment and labour law, constitutional and administrative law cases with extensive trial and appellate experience before both tribunals and courts.
Member, Toronto Licensing Tribunal, interim chair and assisted in mentoring other Board members, decision reporting and recent legislative changes affecting it.
o Mediator of public interest, domestic & international human rights disputes and civil litigation cases. Mediation on issues involving constitutional and administrative law, defamation and resolution of aboriginal rights, and environmental and natural resource issues.
o Trained in the art of negotiation, mediation and advanced public mediation by Bruce Patton and Associate Dean Frank Sander, Harvard University and CDR Associates.
o Legal advisor to trade unions, native groups and social action groups in the negotiation and resolution of litigation cases with government agencies, commissions and private parties.
o Counsel in civil, criminal, labour and environmental law, who has pioneered the legal development of collective bargaining in Canada in the areas of education, science and engineering.
PROFESSIONAL OVERVIEW
° Counsel to national and international trade unions in dissolutions and mergers, i.e. the Oil, Chemical and Atomic Workers merger with the Chemical Workers; Canadian Paper Workers, assisted in the earlier founding of the Canadian Paper Workers.
° Represented the Islington Band, White Dog Reserve in successful negotiations with Ontario Hydro concerning the flooding of community lands and compensation for mercury contamination of the English-Wabigoon River by Reed Paper.
° Represented the Inuit Tapirasat of Canada in opposing the Polar Gas Pipeline proposal; in successfully suing for aboriginal title and injunctions to prevent mineral exploration in the Keewatin at and near Baker Lake; in the Curley case concerning title to the products of aboriginal hunting. Represented the Inuit Committee on National Issues in the 1982 Constitutional Conference on Aboriginal Rights, called in accordance with the Constitution Act.
° Represented Ontario Central Airlines in its successful license application to the Canadian Transportation Commission for resupply of prospecting camps in the Arctic.
° Appeared in major references to the Supreme Court of Canada and numerous civil and criminal cases including the Anti-Inflation Reference; the Separate School Funding Reference; Regina v. Peters (constitutionality of trespass laws); Regina v. Gralewicz (criminal indictments); and Goldhawk v. CBC (standards for judicial review).
° Appeared before statutory labour relations tribunals such as the Canada Labour Relations Board; Ontario Labour Relations Board; Public Service Staff Relations Board (Canada); and Grievance Settlement Board (Ontario), as well as Parliamentary and Legislative Committees, the National Energy Board and Municipal Councils and their committees.
° Served on a Conciliation Board appointed by the Minister of Labour to solve a strike of Air Traffic Controllers in Canada, and on a committee of five citizens mediating the resolution of the seizure by inmates of Kingston Penitentiary and the release of guards held hostage.
° Conducted a class action organized by the National Farmers Union against the railways and the Canadian Wheat Board in the Federal Court of Canada to open up the shipment of wheat through Eastern and Western rail routes.
° Conducted litigation to set aside the closing of Clinton Hospital in Ontario, obtained the successful re-location of severely disabled residents at the Ark Eden Nursing Home.
° Was successful in redefining malice in defamation cases in Korach v. Moore.
° Practice as a mediator of private and public interest disputes.
° International Observer for Northern Ireland Marching season and related conflict, Portadown and Belfast, U.K., July, 2000.
° Co-author, Rumours of War, New Press, 1971, on the October Crisis and the use of the War Measures Act and mass arrests.
PROFESSIONAL HISTORY
Golden Mediation Services, arbitrator of labour disputes, interest arbitration and mediation
1997 – to present
Member and Interim Chair,Toronto Licensing Tribunal 2004 – 2007
Association with Cavalluzzo Hayes Shilton McIntyre & Cornish 2002 - 2004
Golden & Company, Barristers & Mediators 1997 - 2001
Golden, Green & Chercover 1983 - 1997
Golden, Levinson 1975 - 1983
Practiced as General Counsel together with employed associates 1966 - 1974
Sher, Loftus, Golden and Goodman 1960 - 1966
Sole practice as civil and criminal Counsel 1959 - 1960
Called to Bars of Prince Edward Island, Alberta, Northwest Territories
and Nunavut 1971, 1972, 1981 & 1999
TEACHING EXPERIENCE
Advocates Society Institute, instructor in advocacy training 1988 - 1995
Part-time lecturer: York University 1967 - 1969
Post graduate industrial relations for M.B.A. students
EDUCATION AND TRAINING
Conference on International Law, Canadian Bar Association, 2000
° International Seminar on Genocide; Lester B. Pearson Canadian
International Peacekeeping Centre; Montreal, Quebec November 1999
° Basic Facilitation taught by Janice M. Fleischer & Zena D. Zumeta
Society of Professionals in Dispute Resolution, Portland, Oregon October 1998
° Advanced Mediation Environmental & Public Policy Disputes,
CDR Associates, Boulder, Colorado April 1998
° Advocates Society Toronto; taught by Harvard Assistant Dean
Frank Sandler, Michael Lewis and Linda Singer July 1997
° Negotiation, Harvard University Law School, Program of
Instruction for Lawyers June 1997
° Osgoode Hall Law School, York University
Master of Laws (Constitutional Law and the Charter) 1990
° Certified by Law Society of Upper Canada as Specialist in Civil Litigation 1989
° Appointed Queen’s Counsel Jan 1 1980
° Osgoode Hall Law School, Recipient - Gold Key Award, York University June 1959
° Called as Barrister-at-Law 1959
° University of Toronto Bachelor of Arts 1955
ASSOCIATIONS
° Associate member, International P.E.N. Committee member,
Censorwatch 1988 - present
° Advocates Society 1966 - present
° Canadian Civil Liberties Association 1961 - present
° York County Law Association 1959 - present
° Chairman, National Lawyers Committee, Coalition Against the Return
of the Death Penalty 1987
° Chairman, Administrative Law Section, Canadian Bar Association, Ont. 1984 - 1985
° Member: The Writers Union of Canada 1971 - 2001
° National Chairman, Civil Liberties Section of Canadian Bar Association 1967 - 1969
° Member of Council of Canadian Bar Association 1967 - 1969
° National Chairman, Survey Committee of Canadian Bar Association
on Wiretapping and Electronic Eavesdropping 1965 - 1967
° American Academy of Political and Social Science 1964 - 1983
PUBLICATIONS
Chairman, Canadian Forum: A leading magazine of politics and the arts 1987 to present
Co-Author, "Rumours of War", New Press, 2nd Edition, James Lorimer, Toronto 1971
Preliminary Report on a proposed Industrial Relations System for the Bahamas
delivered to the Government of The Bahamas (classified) Oct 1967
Contributor to Continuing Legal Education Program of the Law Society of Upper
Canada and privately-sponsored legal education programs 1966 to present
Research paper on "Trade Unions and Collective Bargaining in an Automated
Society" to Annual Conference of Exchange for Political Ideas in Canada 1965
Schedule “A”
Patrick J. Daly, et al. v. A.G. Ontario, et al., (1997) 154 D.L.R. (4th) 464
R. v. M.B. , (1995) 36 C.R. (4th) 235 (O.C.J. Gen.) - Sexual Assault
R. v. Metro News Limited (1986), 53 C.R. (3d) 289 (Ont. C.A.) - Obscenity
Canadian Broadcasting Corp. v. Canada Labour Relations Board, et al., Dale Goldhawk, respondent [1995] 1 S.C.R. 157, [1995] S.C.J. No. 4 (S.C.C.)
- Judicial Review, Standards
R. v. Seymour [1995] O.J. No. 2700 (O.C.J. Prov.) - Sexual Interference
Re Ontario Public Service Employees Union and the Crown in right of Ontario et al., (1994) 16 O.R. (3d) 735 (Div. Crt) - Constitutional law, Aviation
Green v. Ontario Secondary School Teachers' Federation [1993] O.J. No. 2783 (O.C.J. Gen.) - Civil, Unfair representation
Bates v. Ontario (Minister of Education) [1993] O.J. No. 143 (O.C.J. Gen.) - Judicial Review Licensing
Regina v. Hutter, (1993) 16 O.R. (3d) 145 (Ont. C.A.) - Charter, Non-disclosure
Re Lang and Ramsay, (1992) 11 O.R. (3d) 190 (Div. Ct.) - Appeal, Police misconduct
Korach v. Moore, (1991) 76 D.L.R. (4th) 506 (Ont. C.A.) - Civil, Libel
Fagan v. Lem [1991] O.J. No. 1674 (O.C.J. Gen.) - Civil, Trade Union Constitutional Rights
Fashion v. Ontario (Minister of Labour) [1989] O.J. NO. 1852 (S.C.O.) - Civil, Trade Union Constitutional Rights
Poulin v. Harel [1988] O.J. No. 309 (S.C.O.) - Civil, Conspiracy
Reference Re Bill 30, an Act to amend the Education Act (Ont.) [1987] 1 S.C.R. 1148; 40 D.L.R. (4th) 18 (S.C.C.) - Constitutional law, Separate School Funding
Russo v. Ontario Jockey Club, (1987) 46 D.L.R. (4th) 359 (O.H.C.J.) - Civil Injunction, Trespass
Re Metropolitan Toronto School Board et al. and Minister of Education et al.; Metropolitan Separate School Board et al., Intervenants, (1986) 27 D.L.R. (4th) 47 (O.H.C.J. Div. Ct.) - Constitutional law, Regulatory power, Section 93
Re The Queen and Bell Canada, (1986) 25 D.L.R. (4th) 689 (O.C.A.) - Criminal law
National Farmers' Union v. Canada (Canadian Transport Commission) [1985] F.C.J. No. 533 (F.C.A.) - Civil, Grain Transportation
Canadian Union of Public Employees (CUPE) v. Canadian Broadcasting Corp. (CBC) [1985] F.C.J. No. 26 (F.C.A.) - Judicial Review
Kagda Holdings Ltd. v. Ontario (Minister of Health) [1984] O.J. No. 279 (S.C.O.) - Civil, Licensing Nursing Home, Disability
Stevenson v. Canadian Human Rights Commission, Air Canada and Cook and Foster, for themselves and the Canadian Air Line Pilots Association (1983), 49 N.R. 161; 150 D.L.R. (3d) 385 (F.C.A.) - Human Rights
Intercity News Co. v. Penthouse International Ltd. [1983] O.J. No. 422 (S.C.O.) - Civil, Injunction
Rapp et al. v. McClelland & Stewart Ltd. et al., (1981) 128 D.L.R. (3d) 650 (O.H.C.J.) - Civil Injunction, Libel
Kiist and Robertson, et al. v. Canadian Pacific Railway Company, Canadian National Railway Company and the Canadian Wheat Board (1981), 37 N.R. 91; 123 D.L.R. (3d) 434 (F.C.A.) - Class Action Grain transportation
Northern Telecom Ltd. v. Communications Workers of Canada and Canada Labour Relations Board, 28 N.R. 107; [1980] 1 S.C.R. 115 (S.C.C.)
- Constitutional Law
R. v. Gralewicz, et al. (1980), 33 N.R. 242 (S.C.C.) - Conspiracy and Indictment
Goodwin v. Oxford County Board of Education, (1980) 111 D.L.R. (3d) 364 (O.H.C.J.) - Civil injunction, Picketing
Re Tandy Electronics Ltd. and United Steelworkers of America et al., (1980) 11 5 D.L.R. (3d) 197 (O.H.C.J. Div. Ct.) - Labour law, Remedies
Re Reid et al. and Wigle, (1980) 114 D.L.R. (3d) 669 (O.H.C.J. Div. Ct.) - Civil, Coroners Jury Set Aside
Hamlet of Baker Lake et al. v. Minister of Indian Affairs and Northern Development et al., (1979) 107 D.L.R. (3d) 513 (Fed. Ct. Trial Div.) - Civil, Aboriginal Rights
Regina v. Parrot, (1979) 51 C.C.C. (2d) 539 (Ont. C.A.) - Disobey Act of Parliament
Regina v. Penthouse International Ltd., et al., (1979) 46 C.C.C. (2d) 111 (Ont. C.A.) - Obscenity
Regina v. Roach, (1978) 101 D.L.R. (3d) 736 - Free Speech, Political Rights
Penthouse International Ltd. v. Minister of National Revenue, (1977) 75 D.L.R. (3d) 737 (Fed. Ct. Trial Div.) - Civil - Customs
Re Northern Electric London Professional Association and Ontario Labour Relations Board et al., (1976) 73 D.L.R. (3d) 365 (O.H.C.J. Div. Ct.) - Judicial Review, Labour
Reference re: Anti-Inflation Act (Canada) [1 976] 2 S.C.R. 373 (S.C.C.) - Constitutional Law
Re Doctors Hospital and Minister of Health et al., (1976) 68 D.L.R. (3d) 220 (O.H.C. Hospital Closing
Re Communications Workers of Canada and Bell Canada, (1975) 64 D.L.R. (3d) 1 71 (Fed. Labour law, Judicial Review
Seafarer's International Union of Canada et al. v. Baltic Shipping Co. et al., (1975) 61 D.L. Ct. Trial Div.) - Labour law, Injunction
Provincial News Co. et al. v. The Queen, (1974) 20 C.C.C. (2d) 385 (S.C.C.) - Obscenity
Regina v. Sutherland, Amitay and Bowie, (1974) 18 C.C.C. (2d) 117 - Sex Aids
Galway Realty Ltd. et al. v. International Union of Elevator Constructors et al., (1973) 39 D.L.R. (3d) 508 (O.H.C.) - Labour injunction
Re Samuel Cooper & Co. Ltd. and International Ladies' Garment Workers' Union et al., (1973) 35 D.L.R. (3d) 501 (O.H.C. Div. Ct.) - Judicial Review, arbitration remedies
Regina v. Lake Ontario Cement Ltd. et al., (1973) 35 D.L.R. (3d) 109 (O.H.C.J.) - Environmental Prosecution
J.S. Ellis & Co. Ltd. v. Willis et al., (1972) 30 D.L.R. (3d) 397 (O.H.C.) - Civil injunction, Picketing
Johnson v. The Queen, (1973) 13 C.C.C. (2d) 402 (S.C.C.) - Nude Dancing
Regina v. Murphy, (1972) 8 C.C.C. (2d) 313 (Essex Prov. Ct., Crm. Div.) - Nude Dancing
Regina v. Carty, (1972) 6 C.C.C. (2d) 248 (District Court of Calgary) - Obscenity
J.S. Ellis & Co. Ltd. v. Willis et al., (1972) 30 D.L.R. (3d) 397 (O.H.C.) - Civil injunction, Picketing
Grys v. Se well and Jaffary [1972] 1 O.R. 864 (O.H.C.J.) - Civil, Municipal law, Libel
Regina v. McAuslane and 8 others [1972] 1 O.R. 275 (O.C.A.) - Obscenity
Regina v. Peters, (1971) 1 7 D.L.R. (3d) 128 (S.C.C.) - Constitutional law, Trespass, Grape Boycott
Regina v. Dorosz, (1971) 4 C.C.C. (2d) 203 (Ont. C.A.) - Criminal law
McMillin et al. v. Yandell et al., (1971) 22 D.L.R. (3d) 398 (O.H.C.) - Civil, Trade Union Constitutional Rights, Secession
Regina v. Judges of the Provincial Court (Criminal Division) of the County of York, Ex parte Nevin; Regina v. Judges of the Provincial Court (Criminal Division) of the County of York, Ex parte DePoe, (1970) 2 C.C.C. (2d) 469 (County Court)
- Yorkville Sit-ins
Regina v. Ontario Labour Relations Board, Ex parte International Association of Bridge, Structural & Ornamental Iron Workers Local 721, (1969) 7 D.L.R. (3d) 696 (O.H.C.) - Judicial Review
General Truck Drivers Union, Local 938 et al. v. Hoar Transport Co. Ltd., (1969) 4 D.L.R. (3d) 449 (S.C.C.) - Judicial Review, Labour arbitration
Re Depoe et al. and Lamport et al., (1967) 66 D.L.R. (2d) 46 (O.H.C.) - Civil, Libel
Pietro Culotta Grapes Ltd. v. Moses et al., (1967) 65 D.L.R. (2d) 500 (O.H.C.) - Civil, Picketing injunction, Grape Boycott
Toronto Harbour Commissioners v. Sninsky et al., (1967) 64 D.L.R.(2d) 276 (O.H.C.) - Civil, Picketing injunction
Regina v. Ontario Labour Relations Board; Ex parte Hall, (1963) 39 D.L.R. (2d) 113 (O.H.C.) - Judicial Review, Bias
Kennedy v. Gillis et al.; Gillis et al. v. Smith and Kennedy, (1961) 30 D.L.R. (2d) 82 (O.H.C.) - Civil, Trade Union Constitutional Rights
Reid v. Telegram Publishing Co. Ltd. and Drea, (1961) 28 D.L.R. (2d) 6 (O.H.C.) - Civil, Libel
updated: June, 2006