In the Name of Justice

by Azmina Suleman

In the Name of Justice is the story of James Valentine Hogarth Milvain. Alberta’s first native born Chief Justice, set against a backdrop of the time and legal era in which he lived. Born in 1904 on a ranch I Southern Alberta ? in the days of the pioneers, the legendary cowboy, whip-buggy and itinerant country doctor ? he brought the twentieth century a character and personality that never lost sight of the law or justice for the common man. His career spanned several decades in the law in Alberta, including 20 years as a Judge and over 30 years as a leading counsel in Calgary. His life’s story, therefore, also becomes the story of Alberta ? from his early pioneer farm beginnings to his slow rise in the legal profession in a city that was just starting to emerge, to his no-nonsense brand of ‘western’ justice and landmark decisions which often marked dramatic social and economic changes in the province, as well as changes to the administration of justice in the ‘wild and woolly West.’ More recently, he also chaired the Investment Contract holders Committee in the Principal Inquiry in 1987.

Known for his ready wit, wisdom and innate ‘horse sense,’ Milvain was popularly dubbed the ‘Cowboy Judge.’ His ranching background kept him close to people and ethics and morality guided him in everything he did. His judgments were often delivered orally and spontaneously from the bench, and rarely were they overturned by a higher court. But what made him an outstanding trial judge, was his deep understanding of the real intent and purpose of the law that enabled him to render decisions that were more than legalistic in nature. His famous ‘Chief to Chief’ case that soon became part of Alberta’s legal folklore, was a prime illustration of Milvain’s typically compassionate and practical approach to the law as well as his ability to go beyond the mere letter of the law to invoke its true spirit.

Affectionately known as ‘Uncle Val’ in his retirement, Milvain remained a private yet warm and humble individual who never lost touch with the common man. Brimming full of anecdotes, his own words and the memories of those who knew him best intertwine to show that there, indeed, can be a lot of funny moments associated with the practice of law! They also help to describe a man whose name is synonymous with justice in Alberta, as well as a man of honour, principle and great personal integrity tirelessly dedicated to upholding the law of the land.