On the Passing of Joe Arvay, December 7 2020

Joe Arvay died. As my good friend Sarah Rankin knows, I loved the man quite deeply.

I admired him so much. He taught me a lot.

There are few lawyers I considered as important a mentor as I felt Joe was for me.

We worked together on quite a few cases in the SCC.

Some highlights:

Mazzei v. British Columbia (Director of Adult Forensic Psychiatric Services) in 2006

https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/14/index.do?site_preference=normal

R v. Conway – such a landmark case – he had a real hand in shaping those arguments

In 2010

https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/7863/index.do?q=32662

Just a few months ago, in August of 2020, I asked for a advice on a file.

He told me to call him and then off the top of his head, gave us a winning tip on strategy.

He was probably the very best appellate litigator I have known.

Candid, plain-spoken, genuine, showed flashes of humour and anger, always appropriate. Sometimes he was sad. It was moving and powerful to see.

He was impossible not to listen to.

I always felt I’d be happy to sit through Joe reading the phonebook.

He had a creative genius I rarely saw glimpses of in other lawyers.

He stood up for vulnerable people with compassion and strength.

He had been through a lot himself too.

I am shocked and deeply saddened to hear he’s gone.

He leaves a huge gaping hole in the profession.

In October of 2015, The Advocates’ Society awarded Joe an Advocate Award.

While I am not much for such events normally, Jill Presser persuaded me to go.

And in truth, this was one function I was thrilled to attend, for Joe.

I am now so glad he received this richly deserved recognition.

The world is a duller place, the law is poorer, vulnerable people are less protected, less supported and I am bereft, for his loss today.

We have lost one of the best lawyers this country has ever had the good fortune to know.

Rest In Power, my hero.

Joe Arvay and Anita Szigeti at Advocates’ Society Award Dinner October 2015
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About Anita Szigeti

• Called to the Bar (1992) • U of T Law grad (1990) • Sole practitioner (33 years) • Partner in small law firm (Hiltz Szigeti) 2002 - 2013 • Mom to two astonishing kids, Scarlett (20+) and Sebastian (20-) • (Founding) Chair of Mental Health Legal Committee for ten years (1997 to 2007) * Founding President of Law and Mental Disorder Association - LAMDA since 2017 * Founder and Secretary to Women in Canadian Criminal Defence - WiCCD - since 2022 • Counsel to clients with serious mental health issues before administrative tribunals and on appeals • Former Chair, current member of LAO’s mental health law advisory committee • Educator, lecturer, widely published author (including 5 text books on consent and capacity law, Canadian civil mental health law, the criminal law of mental disorder, a law school casebook and a massive Anthology on all things mental health and the law) • Thirty+ years’ experience as counsel to almost exclusively legally aided clients • Frequently appointed amicus curiae • Fearless advocate • Not entirely humourless
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2 Responses to On the Passing of Joe Arvay, December 7 2020

  1. Martha's avatar Martha says:

    Your biography says Scarlett is 8 – time to update?

    Like

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