Roger KERANS

1934 - 2021

THE HONOURABLE ROGER KERANS, C.M. January 6, 1934 Lashburn, SK - August 29, 2021 Victoria, BC Retired Judge Roger Kerans died peacefully on August 29, 2021, in Victoria. He was predeceased by his wife, Marilynn; son, Chris; and brother, Patrick, and is survived by his son, Patrick (Chantal); daughter, Kate (George Ross); and grandchildren, Ellia, Quinn, and Tavish. Roger graduated from the University of Alberta Faculty of Law in 1956, and practised law in Edmonton with what later become Ogilvie & Co. for the next 15 years. During that time, he served as a Director of the Edmonton Symphony, the Catholic Indian and Metis Service, and the Edmonton Native Friendship Center. He co-chaired the Liberal Party of Canada election campaign in 1968 and served as Alberta member until 1970. In 1970, Roger was appointed as a trial judge to the District Court. At the time, he was the youngest person to be appointed to a federal Court in Alberta. When that Court merged with the Alberta Supreme Court in 1979, he became a judge on the Court of Queen's Bench. In 1980, he was elevated to the Alberta Court of Appeal and served on that Court until his retirement on 1997. For many years, he also served as a deputy judge for the Yukon Supreme Court. He wrote more than 1000 reported decisions that helped shape constitutional, civil liberties and criminal law of Canada, and he mentored many young lawyers. As a student of French language training on the bench for many years, Roger passed the official bilingualism examination in 1986, and soon after presided at the first appellate hearing in Alberta conducted entirely in French. Roger was active in judicial administration throughout his career as a judge which led him to publish in 1994, the book entitled Standards of Review Employed by Appellate Courts that has been extensively relied upon by appellate judges throughout Canada. He was one of the first judges in Canada to introduce computer technology to the courts and a prime mover in the development of electronic appeal books. He taught Charter law, jurisprudence and court management at judicial seminars for over two decades, and for many years was a director and chair of the Legal Education Society of Alberta. He lectured to the Alberta Bar on a variety of topics, and after his retirement from the bench became a lecturer in Oil and Gas law at the University of Victoria. Following his retirement in 1997, Roger became Counsel to the law firm of Borden Ladner in Calgary before retiring to focus on mediation and arbitration. He became a qualified arbitrator and in 2001 was named to the Canadian roster of the International Chamber of Commerce's International Court of Arbitration, Paris. He became a Fellow of that Institute and a member of Executive committee of the Canadian Branch, and was named by the ICC to conduct international commercial arbitrations. Roger conducted several dozen arbitrations as a sole arbitrator, chair or member of a panel in a wide range of commercial, personal injury and insurance disputes. He also studied mediation at a Harvard School Program, and mediated literally hundreds of disputes. As a testament to Roger's international reputation for his extensive knowledge of the law, he taught at numerous judicial conferences around the world, including in Malawi. Roger was a strong supporter of the Kidney Foundation of Canada and was National President of that organization from 1975-1979. His commitment to those suffering from kidney disease was manifest in his donation of one of his kidneys to his wife who, as a result, was able to enjoy 15 more years of good health. Roger suffered from physical incapacity that may have been attributable to polio he suffered as a child. As a result of increasing deterioration in his physical condition after his retirement, for the last nearly 15 years of his life Roger was fortunate to have obtained the services of Ron Miclat who was a remarkably dedicated personal caregiver. Ron became devoted to Roger and was largely responsible for making Roger's life pleasurable in his last few years. Roger's family is grateful for the wonderful care he was given by Ron and by the staff at Amica on the Gorge in Victoria where Roger spent the past 4 years. As a result of Roger's considerable contribution to the law in Canada, in 2019 Roger was made a member of the Order of Canada. Due to his difficulty with travelling, Governor General Julie Payette graciously agreed to travel to Victoria to bestow the honour upon Roger at a private ceremony conducted at Amica on the Gorge. Quite apart from Roger's many professional accomplishments he will be remembered for his brilliant and incisive mind, sharp wit, love of good wine, epicurism, and conviviality. But above all, Roger is remembered for his unselfish devotion to and adoration of his wife, Marilynn, and his deep and abiding love of each of his children and grandchildren. Those wishing to make a donation in his memory are asked to send it to the Kidney Foundation of Canada. A celebration of life is planned for October 2, 2021, in Victoria. Details will be announced later.