Draft:Brian Malone

The Honourable J. Brian D. Malone, KC is a Canadian lawyer, arbitrator and retired judge. He practised law in Calgary, Alberta, where he was involved in labour

Draft:Brian Malone
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The Honourable J. Brian D. Malone, KC is a Canadian lawyer, arbitrator and retired judge. He practised law in Calgary, Alberta, where he was involved in labour arbitration, public-sector disputes, Indigenous land-claim negotiations and national law-firm leadership before his appointment to the Federal Court of Canada.

J. Brian D. Malone, Canadian lawyer and retired Federal Court of Appeal judge

Early life and education

Malone was born in Fredericton, New Brunswick, on October 1, 1942, the son of Harry J. Malone and Juanita I. Malone. He studied at the University of New Brunswick, where he received a Bachelor of Arts in 1966 and an LL.B. in 1969 as a Beaverbrook Law Scholar.[1]

Malone was called to the New Brunswick Bar in 1969 and later to the Law Society of Alberta. He was granted the Queen's Counsel designation by the Province of Alberta in 1988.[2] He worked as a federal Crown prosecutor in Fredericton from 1970 to 1979 before moving to Calgary, Alberta.[3]

Malone joined the Calgary law firm McLaws & Company in 1979, after previously practising in Fredericton.[4] In 1981, the firm announced that Malone, also of the New Brunswick Bar, had joined the partnership.[5]

By the early 1980s, Malone was active in labour arbitration in Alberta. In 1983, he issued an arbitration award granting members of the Alberta Union of Provincial Employees a 19.8 per cent wage increase over two years.[6] A 1984 Calgary Herald analysis described him as one of the lawyers active in public-sector arbitration and reported that he had handled close to 100 arbitrations.[7]

He also chaired labour grievance panels involving the United Nurses of Alberta and Alberta hospitals, and served as counsel to members of the RCMP during the Alberta Provincial Inquiry into Policing Practices on the Blood Reserve.[8]

Lubicon Lake negotiations

In 1987, Malone was appointed by the federal government as Ottawa's negotiator in the Lubicon Lake land-claim dispute.[9] The Calgary Herald described the appointment as a renewed effort to restart talks in the long-running dispute.[10] Later reporting said Malone would approach new talks "without preconditions and with flexibility on the initial offer to the Lubicon Lake band."[11]

McCarthy Tétrault

Malone practised with McCarthy Tétrault in Calgary from 1983 to 1999. He served as managing partner of the firm's Calgary office from 1989 to 1999 and as national chairman of the firm from 1995 to 1997.[12]

In 1998, he was quoted in the Calgary Herald on the consolidation of Canadian law firms following the merger of Milner Fenerty with Fraser Beatty.[13]

Malone also served as a member of the Senate and Board of Governors of the University of Calgary from 1986 to 1992, and as deputy chairman of the Board of Governors from 1990 to 1992.[14]

Judicial career

Malone was appointed to the Federal Court of Canada, Appeal Division, on November 4, 1999.[15] Following the 2003 restructuring of the federal courts, he served on the Federal Court of Appeal.[16] He served until 2007 and retired to Oak Bay, British Columbia, in 2008.[17]

References

  1. ^ Who's Who in Canada, 1999, pp. 417–418.
  2. ^ Who's Who in Canada, 2001, p. 346.
  3. ^ Who's Who in Canada, 2001, p. 346.
  4. ^ Calgary Herald, "McLaws & Company", July 21, 1979, p. 55.
  5. ^ Calgary Herald, "McLaws and Company announcement", April 22, 1981, p. 46.
  6. ^ Dick Schuler, "AUPE workers win 19.8-per-cent hike", Calgary Herald, January 27, 1983, p. 34.
  7. ^ Dick Schuler, "Arbitration lawyers settle in for big year", Calgary Herald, April 24, 1984, p. 17.
  8. ^ Who's Who in Canada, 2001, p. 346.
  9. ^ Mark Lowey, "Calgary lawyer gives hope for Lubicon deal", Calgary Herald, October 6, 1987, p. 1.
  10. ^ "New hope for settlement", Calgary Herald, October 7, 1987, p. 4.
  11. ^ Mark Lowey, "Lubicon talks take step forward", Calgary Herald, October 7, 1987, p. 52.
  12. ^ Who's Who in Canada, 2001, p. 346.
  13. ^ Charles Frank, "Calgary law firm enters national race", Calgary Herald, September 19, 1998, p. 27.
  14. ^ Who's Who in Canada, 1999, pp. 417–418.
  15. ^ Federal Court Reports, Vol. 4, Part 3, 1999, Federal Court of Canada, "Changes in the Court".
  16. ^ "Malone, Hon. J. Brian D., Q.C., B.A., LL.B.", Canadian Who's Who, via Encyclopedia.com.
  17. ^ Who's Who in Canada, 2001, p. 346.

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