Herbert Marx, Canadian politician

Herbert Marx, a name synonymous with intellectual rigor, unwavering principle, and a profound commitment to public service, led an extraordinary life that spanned the legal, political, and judicial arenas in Canada. Born in Montreal on March 16, 1932, his journey from an indifferent student to a highly respected lawyer, a distinguished university professor, a principled politician, and an esteemed judge of the Quebec Superior Court, is a testament to his remarkable intellect and dedication. His impact on Quebec and Canadian law, particularly in constitutional matters and civil liberties, remains a significant part of his enduring legacy.

The Early Years and an Unconventional Path to Academia

Born into a working-class Montreal family, Herbert Marx was the son of Robert, a tailor, and Miriam Marx. His early academic career was, by his own admission, less than stellar. Preferring the camaraderie of pool halls to classroom lectures, young Herbert found himself uninterested in formal schooling, even failing grade nine. This unexpected start would, however, make his subsequent academic achievements all the more impressive. Before finding his true calling in law, Marx gained invaluable life experience. He honed his sales skills selling encyclopedias door-to-door, an endeavor that surely built his resilience and communication prowess. From 1955 to 1965, he transitioned into the lighting industry, where his natural talent and drive saw him ascend to the position of vice-president at Verd-A-Ray Industries Ltd. This period of professional success, however, sparked a deeper intellectual hunger, leading him to pivot dramatically back to his studies.

His return to education marked the beginning of a truly brilliant academic resurgence. He pursued a B.A. from Sir George Williams University, graduating in 1958, followed by an M.A. in English Literature from the Université de Montréal. His legal aspirations led him to the prestigious Harvard Law School, where he earned his LL.M. in 1969. Throughout his rigorous law studies, Herbert Marx distinguished himself, earning numerous prizes. Most notably, he was awarded the coveted Prix du Barreau for achieving the top score in the Quebec Bar Exams in 1968, an exceptional feat that underscored his mastery of legal principles. His academic excellence was further recognized through scholarships from both the Quebec and Canadian governments, paving the way for a remarkable career in law.

A Distinguished Legal and Academic Career

Herbert Marx's professional legal journey began with articling at the prominent Montreal law firm of Stikeman Elliott in 1967 and 1968. Immediately thereafter, in July 1969, he joined the Faculty of Law at the Université de Montréal, where he would spend the next decade shaping the minds of future legal professionals. As a professor, he taught critical subjects such as constitutional law, civil liberties, and poverty law—areas that would define much of his public service. His expertise was not confined to the classroom; between 1969 and 1979, Marx became a sought-after consultant, lending his invaluable insights to various government bodies. He advised the Quebec Ministries of Justice, Education, and Intergovernmental Affairs, as well as the Canada Law Reform Commission and the Quebec Civil Code Revision Office. Notably, his counsel was instrumental to the Quebec Gendron Commission on Language Rights and the Montreal Island School Council, putting him at the heart of some of Quebec's most sensitive and defining social issues. He also shared his knowledge as a visiting professor at the Université du Québec à Montréal and McGill University Faculty of Law.

Beyond his academic and advisory roles, Marx was a staunch advocate for justice. In 1969, he co-founded the Pointe Saint-Charles Legal Aid Clinic in Montreal, demonstrating an early commitment to ensuring legal access for underserved communities. His dedication to human rights was further solidified by his appointment as a Commissioner of the Quebec Human Rights Commission from 1975 to 1979, where he played a crucial role in safeguarding fundamental rights. His influence extended nationally, serving on the Consultative Committee of the Institute of Intergovernmental Relations at Queen's University in Kingston, Ontario, from 1977 to 1982.

Political Leadership and a Stand on Principle

In 1979, Herbert Marx transitioned from legal scholarship and advocacy to active politics, winning a by-election as the Member of the National Assembly of Quebec for the riding of D'Arcy-McGee. His constituents re-elected him in both 1981 and 1985, a clear indication of their trust in his abilities and integrity. His tenure in the National Assembly was marked by significant contributions to public policy. From 1985 to 1988, he held the crucial portfolios of Minister of Justice and Attorney General of Quebec. During this period, he also served in various other capacities, including solicitor general, minister responsible for consumer protection, and minister of public security, showcasing his versatility and dedication to a wide range of governmental responsibilities.

However, it was his unwavering commitment to constitutional principles that would define a pivotal moment in his political career. In late 1988, Herbert Marx made the difficult but principled decision to resign as Justice Minister, and six months later, as a Member of the National Assembly. This courageous act of protest stemmed from the Quebec government's controversial decision to invoke the "notwithstanding clause" of the Constitution of Canada. This rarely used clause allows governments to temporarily override certain sections of the Canadian Charter of Rights and Freedoms. The government's use of this clause was in response to a Supreme Court of Canada ruling that struck down a provincial law banning non-French outdoor signs as unconstitutional. For Marx, this action represented a fundamental affront to civil liberties and constitutional supremacy, and he chose to resign rather than compromise his deeply held beliefs.

From the Bench to Enduring Advocacy

Following his impactful political career, Herbert Marx was appointed a Justice of the Quebec Superior Court by the federal government in 1989. In this esteemed judicial role, he served with distinction, upholding the rule of law and dispensing justice until his mandatory retirement in 2007. Even in retirement, Marx remained highly active and deeply engaged with numerous non-governmental organizations, continuing his lifelong commitment to human rights, peace, and Canadian studies. His roles included Co-chair of the McGill Consortium for Human Rights Advocacy Training, Co-Chair of the McGill Middle East Programme in Civil Society and Peace Building, Governor of Tel Aviv University, President of the Association for Canadian Studies, and a Member of the Board of the Tolerance Foundation. These involvements underscored his global perspective and his dedication to fostering understanding and justice across various spheres.

A Legacy of Scholarship

Beyond his active public service, Herbert Marx was also a prolific author and co-author, significantly contributing to legal scholarship. His books reflect his profound expertise in constitutional law, civil liberties, and poverty law, topics that were central to his academic and professional life. His published works include:

In addition to these books, he authored many peer-reviewed articles, further enriching the discourse on constitutional law, civil liberties, and poverty law. Herbert Marx passed away on March 19, 2020, at the age of 88, leaving behind an indelible mark on Canadian law, politics, and human rights advocacy.

Frequently Asked Questions About Herbert Marx

Who was Herbert Marx?
Herbert Marx was a highly distinguished Canadian lawyer, university law professor, politician, and judge. He was known for his significant contributions to constitutional law, civil liberties, and public service in Quebec and Canada.
When was Herbert Marx born and when did he pass away?
Herbert Marx was born on March 16, 1932, in Montreal and passed away on March 19, 2020, at the age of 88.
What were his key roles in politics?
He served as a Member of the National Assembly of Quebec for the D'Arcy-McGee riding from 1979 to 1989. During this time, he was Minister of Justice and Attorney General of Quebec, and also served as solicitor general, minister responsible for consumer protection, and minister of public security.
Why did Herbert Marx resign from his ministerial and MNA positions?
He resigned in late 1988 and early 1989 in protest of the Quebec government's decision to use the "notwithstanding clause" of the Constitution of Canada to override a Supreme Court of Canada ruling concerning a law banning non-French outdoor signs. His resignation was a powerful statement of principle against the government's use of the clause.
What was his judicial career highlight?
He was appointed a Justice of the Quebec Superior Court in 1989 by the federal government, serving until his mandatory retirement in 2007.
What were Herbert Marx's academic specializations?
As a law professor at the Université de Montréal, he specialized in teaching constitutional law, civil liberties, and poverty law, and authored numerous books and articles on these subjects.
Did he contribute to human rights advocacy?
Yes, significantly. He was a founding member of the Pointe Saint-Charles Legal Aid Clinic, a Commissioner of the Quebec Human Rights Commission, and continued his advocacy through various NGOs post-retirement, including co-chairing human rights and peace-building programs.