Full Name James G. Matkin Name Jim Matkin Children Three daughters | Spouse(s) Cheri Religion LDS | |
Born 1942 Alberta, Canada Occupation former: Law professor, Deputy Minister, President & CEO of Business Council of BC, former Executive Director of Law Society of BC Books Restructuring for the Future: Towards a Fairer Venture Market : the Report of the Vancouver Stock Exchange & Securities Regulation Commission | ||
James G. Matkin, QC (born 1942) is a former British Columbia, Canada deputy minister of labour and of intergovernmental relations, former President and CEO of the Business Council of British Columbia, and a former British Columbia Law Society secretary and executive director. He was part of the team which drafted the British Columbia Labour Relations Board legislation in 1973, and he drafted the first human rights code of BC, floated the Non Obstante clause compromise that was adopted in the Canadian Constitution, and is credited with "cleaning up" the Vancouver stock exchange through his one-man commission of enquiry.
Contents
- Early life
- Professional life
- Non Obstante Clause
- Later career
- Resignation from BC Law Society
- Legacy
- Publications
- References
Early life
Originally from Alberta, He obtained his bachelor's and master's (law) degrees from University of Alberta and a Master of Laws from Harvard Law School and became a law clerk to a Supreme Court of Canada Justice and an assistant professor of law at the University of British Columbia.
Professional life
While a University of British Columbia law faculty member, he was invited to be part of a government-appointed Committee of Special Advisors assembled to draft legislation which became the Labour Code of British Columbia Act of 1973.
At age 30, he became deputy minister of labor in British Columbia. He was then the youngest deputy minister in the history of BC. From 1981 he was Deputy Minister of Intergovernmental Relations. He left the bureaucracy July 1, 1983 with the congratulations of Honorable Garde Gardom: " Mr. Matkin has performed long and in a most dedicated fashion, under two different administrations, always in the interests of the general public of our province. He's been a dedicated public servant."
Non Obstante Clause
Matkin's associate, Paul C. Weiler, a former BC Labour Relations Board head, had written a McGill Law Journal paper that recommended a Non Obstante Clause be inserted in the Canadian constitution. This would allow a Canadian province to "opt out" of portions of the new constitution. Matkin's staff altered a "no author text" to include this concept. The "no author text" (or a document with no author named) was circulated at a constitutional conference attended by Canadian first ministers and their staff. This clause bears close resemblance to the Notwithstanding clause that ultimately became an ingredient in the Kitchen Accord among most Canadian provinces and the federal government of Canada.
Later career
"From 1983-93, he served as President and CEO of the B.C. Business Council...." He was also a director of the Bank of Canada, serving from 1992 to 1995. In 1996 Matkin was chosen to head a commission to oversee the reduction in size of the British Columbia fishing fleet.
Matkin was a committee of one who investigated and in 2004 "denounced" the Vancouver Stock Exchange "as a breeding ground for swindles and laid the blame at the feet of the B.C. Securities Commission".
"...[H]is report served as an official wake-up call. The exchange began blackballing miscreant promoters, then merged with the Alberta Stock Exchange to form the Canadian Venture Exchange, and was later acquired by the more respectable Toronto Stock Exchange, resulting in the TSX Venture Exchange."
Resignation from BC Law Society
He was the executive director of the BC Law Society from 1998 to 2004.
On December 6, 2004, Matkin resigned. This came in response to concerns raised at the society that he had become involved with a junior company with two alleged stock offenders. "Matkin denied any improper conduct. He argued that [alleged offenders] Gujral and Alexander had learned from their mistakes and deserved a second chance. He also said he sought and obtained assurances that Alexander would not promote the company's shares, only the technology." "There has never been any suggestion that Matkin did anything illegal. The issue is simply whether it was appropriate for him to be dealing with a company associated with Gujral and Alexander."
The then-president of the Canadian Bar Association, British Columbia branch, expressed regret that an enquiry did not occur due to Matkin's resignation. "I dare say it would have assisted all to know whether the Executive Director, given the leadership role inherent in this position, is expected to meet an elevated ethical standard, and if so, what that standard entails .... [T]his [resignation] represents the loss of an important opportunity for the Benchers to articulate, for the profession generally and for the previous and next incumbent, the standards expected of the individual appointed to this key position in the organization."
The BC Law Society dismissed a complaint of impropriety filed December 31, 2004 by a lawyer.
Legacy
Matkin's legacy includes the BC Labour Relations board and legislation, changes to the Vancouver Stock Exchange, and the first human rights code in BC.
Publications
by Peter Zeihan"