Tribute to Paul-André CREPEAU

A Tribute to

Paul-André CREPEAU (1926-2011)

In the very first speech he delivered after being elected by his peers to the presidency of our Academy in Montréal on August 24, 1990, Paul-André Crépeau evoked the names of the eminent jurists who had preceded him in that position:  Roscoe Pound, Louis Milliot, le Baron Frédéricq, C.J. Hamson, Imre Szabo and John Hazard.  He emphasized the honor and joy he felt in finding himself « in such prestigious company. » Two decades later, alas, members of the Academy must add his name to the list of these « grands anciens, » while at the same time expressing both their gratitude to him for having lent so much lustre to the institution over the eight years of his presidency, and the painful burden of separation they feel at the sudden news of his passing.

Born a child of the prairie in Saskatchewan in 1926, Paul-André Crépeau began his brilliant studies in philosophy and law at the University of Ottawa, and thereafter at the University of Montréal – studies that he further pursued first at Oxford University as Rhodes Scholar from 1950 to 1952, and later in Paris, where in 1955 he earned the title of Docteur en droit on the basis of a remarkable dissertation on « la responsabilité civile du médecin et de l’établissement hospitalier » (« the civil liability of physicians and hospitals ») in French law, common law, and the civil law of the province of Québec. Therein lay the foundations for his calling as a comparatist, an activity that for him, as for many of his Canadian colleagues, would continue to flourish throughout the length of his university career. After having begun as assistant professor at the University of Montreal in 1955, he brought his cultural bilingualism to the law faculty of McGill University which he joined in 1959 and where he held, from 1976 forward, the Arnold Wainwright Chair in civil law – a title he kept even after becoming emeritus in 1994. He was deeply devoted to teaching, to which he brought the gifts of an enthusiastic and eloquent communicator and a master of pedagogy.  He nevertheless directed a great deal of his activity toward research, becoming a prolific author in his favorite fields: medical law, the law of obligations, international business law, private international law, legal language and, most certainly, comparative law – the latter with a special view to enhancing mutual understanding between common law and civil law jurists.  For him, Canada occupied a unique position for building bridges between the two worlds. Working in this vein, he quickly became one of the pillars of modern Canadian legal thought.  From 1975 to 1984, he directed the Institut de droit comparé de l’Université McGill, creating in 1975 « le Centre de recherche en droit privé et comparé du Québec à McGill, » where he launched a series of studies and publications that would fully restore the prestige of the civilian tradition in Canada and promote its diffusion throughout the country. In fact, he himself referred to "the renaissance of Canadian civil law" of which he was in fact one of the principal architects. He also began collaborating closely with the Québec legislature when the provincial government in 1965 named him president of the « Office de révision du Code civil» (civil code reform commission). He spoke often of the passion with which he approached this monumental enterprise since, like his predecessors of 1804, he harbored dreams of lending to the future Code a quasi-universal dimension.  He prepared it according to his own lights and yet succeeded in making it into a work of « collective reflection on the very institutional foundations of private law. »  For over 13 years, he dedicated himself to this task with great ardor, inspiring a team of over 150 jurists and supervising the research that would ultimately enhance the project through debates, discussions, reports and drafts, up until the time in 1978 when he could finally present to the National Assembly a Projet de Code civil, with explanatory comments. This is the document that formed the basis of the Government proposal that would ultimately become the new Code civil du Québec, adopted in 1991, entering into force on January 1, 1994, and widely recognized today as one of the « grands Codes » of our time, as well as a model for numerous other countries. Therein lay without doubt one of the grand moments of an already wonderfully productive professional life.

But this was scarcely the only task entrusted to him.  As early as 1971, along with his colleague Frank R. Scott, he drafted a Rapport sur un projet de loi concernant les droits et libertés de la personne, which would become the principal source of inspiration for the Québec legislature in producing the 1975 Charte des droits et libertés de la personne. All that time, he continued developing his contacts in other countries, accepting a great many invitations and participating in countless academic conferences, to the point of rapidly becoming  « the incarnation of Québec civil law on the international scene » (Daniel Jutras). He was visiting professor at such eminent universities in Europe as Strasbourg, Poitiers, Vienna et Edinburgh, and in America as Tulane and Louisiana State University, while at the same time becoming a member of the Canadian delegation to the Hague Conference on Private International Law in 1968 and 1976, as well as a member of the Permanent Court of Arbitration in the Hague, Netherlands.  From 1986, he became involved in the work of the Institut international pour l’unification du droit privé (UNIDROIT) in Rome, where he played an important role in drafting the Principles of International Commercial Contracts, published for the first time in 1994 and revised in 2004. Such activities, together with the prestige that attached to his work and with the authority that he commanded throughout the academic world, earned him a great many honors in his own country as well as abroad.  All of this on top of the numerous other functions he performed (for example, as vice-président of the Fondation canadienne des droits de l’homme from 1974 to 1980), the titles and honors conferred on him (notably doctor honoris causa), decorations he received, and prizes he was awarded. Not to be overlooked, considering how appreciative of it he was, is the volume of « Mélanges » offered to him by his McGill colleagues in 1997 to express their affection and esteem.

It was, however, his fellow comparatists from around the entire world who signified their confidence in him by electing him in 1990 to the presidency of the International Academy of Comparative Law – a position from which he could give in full measure of his talent and his commitment to the legal community.  All of us know with what distinction he carried out the responsibilities of the office, and I can personally attest to the tireless and often courageous manner in which he performed in that capacity. How impressive the record of his presidency ! He undertook a much-needed modernization of the Academy, including a reorganization of its Secretariat, while at the same time solidifying its financial situation. He launched a reform of the Academy’s statutes (leading, in just a few years, to a doubling of membership, deeper involvement of members in Academy affairs, and the adoption of by-laws more responsive to current conditions.) He engaged the Executive Committee in the task of holding proper elections, while strengthening ties to the national committees. He initiated the publication of an annual directory, which soon became a valuable instrument for communication. He gave important impetus to the Academy’s quadriennial international congresses, encouraging the publication of the reports presented on those occasions, not only at the national level,  but also in the form of thematic volumes capable of reaching a broader audience. Finally, he put in place, thanks to financial support that he was able to assemble, the « Prix Canada » (« Canada Prize »), designed to honor a recent work of comparative law and thereby illustrate the contribution that the Academy could make to the further development of the discipline. All of this work, smoothly accomplished thanks to his legendary cordiality and diplomatic acumen, culminated in a veritable renewal of the Academy, helping it become what it is today. In 1998, at the conclusion of two terms as president, and despite urgings to him to stay on, he preferred to have a successor elected, who would be Konstantinos Kerameus. By unanimity, Paul-André Crépeau was elected honorary president of an Academy that had been transformed and rejuvenated.

But, in the final analysis, it is to an exceptional personality that homage is owed. Blessed with an open and generous mind, coupled with exceptional finesse, Paul was a man of humanity and culture.  For my part, I shall never forget the emotion that overtook him on that evening in August 1994 at the opening of the Academy’s superb Congress of Athens. As President of the Academy, he took the floor at the inaugural session which was held outdoors on the Pnyx hill, from which one could look across at sunset at the Acropolis, enjoying one of the most beautiful views in the world. So deeply moved was he before this magnificent panorama that one did not dare to draw him away from his reverie. A man of peace and harmony, he sought all his life to bring together and unite, rather than to oppose or divide. Yet he was also a man of action – clear-thinking and determined – and to his very last days an indefatigable worker. He had that supremely important quality that consists of modesty when accompanied – as in his case – by a strong sense of conviction and a solid sense of humor.  His rectitude and moral authority made him an example for all who had the privilege to rub shoulders with him. Always attentive to others, always ready to come to their aid, in a warm and benevolent manner, he was, above all else, an incomparable friend, who nurtured great ideals. It is fitting that his colleague Daniel Jutras, dean of the faculty of law of McGill University saw in him « one of the greatest humanists of Canada » and, one could add, of our time.

The entire Academy salutes Paul-André Crépeau’s memory.  It conveys to his family – and in particular his wife, children and grandchildren, who mattered so much to him and to whom he was so profoundly attached – its deepest sorrow.

                                                               Xavier BLANC-JOUVAN