Rowe, Malcolm (1953-…), became a puisne << PYOO nee >> (associate) justice of the Supreme Court of Canada in 2016. He is the first Supreme Court judge from Newfoundland and Labrador. Rowe is an expert in constitutional and public law—that is, the branch of law that concerns the rights and obligations people have as members of society and as citizens.
Rowe was born in 1953 in St. John’s, Newfoundland (now Newfoundland and Labrador). From 1970 to 1975, he attended Memorial University of Newfoundland, earning Bachelor of Arts and Bachelor of Science degrees. In 1978, he received a Bachelor of Laws degree from Osgoode Hall Law School in Toronto, Ontario. He was admitted to the bars of Newfoundland and Ontario in 1978 and 1986, respectively. A bar is a body of lawyers licensed to practice in a certain place.
Rowe began his law career as a clerk assistant in Newfoundland’s legislature from 1979 to 1980. A clerk assistant provides advice on legislative procedure and performs various other administrative duties. From 1980 to 1984, Rowe was a foreign service officer in Canada’s Department of External Affairs. He worked at a private law firm in Ottawa, Ontario, from 1984 to 1996. During that period, he handled disputes over Canada’s Atlantic Ocean boundaries and overfishing off the coast of Newfoundland. From 1991 to 1993, Rowe also taught at the University of Ottawa Law School. In 1992, he was appointed queen’s counsel, an honorary title awarded for contributions to the legal profession. The title changed to king’s counsel after Charles III succeeded Elizabeth II as the British monarch in 2022.
In the late 1990’s, Rowe worked in the Newfoundland government as the clerk of the Executive Council and secretary to cabinet, the most senior position in the province’s civil service. The clerk coordinates the administrative apparatus of the provincial government and oversees the provision of briefing materials, records, and other necessary support that enable the cabinet to make policy decisions and the bureaucracy to implement those decisions. As Clerk, Rowe oversaw the complete reorganization of the provincial school system, following a referendum vote in support of change. The reforms replaced the existing system of denominational schools run by Catholic and Protestant school boards with one in which the schools are run by publicly administered school boards that do not have a religious affiliation. He also helped establish human rights protections for gay people.
In 1999, Rowe was appointed to the Trial Division of the Supreme Court of Newfoundland. In 2001, he was elevated to the provincial Court of Appeal, another part of the Supreme Court. From 2002 to 2016, Rowe worked with Action Canada, a leadership development program.
In October 2016, Rowe was appointed to the Supreme Court of Canada. He was the first justice chosen using a new selection process established under Prime Minister Justin Trudeau. The new process requires that candidates apply to serve on the court and be reviewed by an independent advisory board. The nominee must attend a question-and-answer session with committees of Parliament and representatives of certain political parties.
