John McClung

John McClung

John Wesley "Buzz" McClung (July 15 1935 — October 21 2004) was an outspoken judge on the Alberta Court of Appeal.

McClung was born in Edmonton, a grandson of women's rights activist Nellie McClung. He earned his law degree from the University of Alberta in 1958 and became known as one of Canada's top defence lawyers.

In 1976, he was appointed to the Provincial Court of Alberta, and was eventually promoted to the court of appeal in 1980.

McClung presided over the provincial appeal in "Vriend v. Alberta", overturning the judgment in favour of Delwin Vriend, who had lost his job at a religious college because of his sexual orientation. McClung's decision was in turn overturned by the Supreme Court of Canada in 1998.

In that year, McClung became a national figure with his "bonnet and crinolines" ruling in the sexual assault case of R. v. Ewanchuk. In the case he suggested that the teenage victim provoked her assailant by the way she dressed and the accused's actions were "far less criminal than hormonal". The case was unanimously overturned by the Supreme Court in 1999; a concurring opinion by Justice L'Heureux-Dubé described his decision as perpetuating "archaic myths and stereotypes".

In reply, McClung wrote a letter to the "National Post" attacking L'Heureux-Dubé, describing her writing as overly personal and blaming her attitude for the rise in the suicide rate of Quebec men. This letter drew even more furor when it was pointed out that L'Heureux-Dubé's husband had committed suicide in 1978. McClung apologised, claiming that he was not aware of the situation.


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