Ian Holloway

Ian Holloway: Canadian Legal Scholar, Former Law Dean and Student of the Canada-U.S. Relationship

Ian Holloway is a Canadian law professor, former law school dean, legal scholar and veteran whose career has crossed legal education, private practice, government service, military service and international affairs.

Holloway served as Dean of Law at the University of Calgary from 2011 to 2024. Before that, he served as Dean at Western Ontario Law School and as an Associate Dean at the Australian National University. He’s also held academic appointments at institutions including the University of Cambridge and the National University of Singapore.

Before entering academia, Holloway practiced law in Halifax, focusing on labor and employment law, and served as a law clerk to the Chief Justice of the Federal Court of Appeal.

His career has also included membership in the American Law Institute, appointment as Queen’s Counsel, service on Canadian government advisory bodies and appointment to the King’s Privy Council for Canada.

Outside the legal profession, Holloway spent 25 years serving in the Royal Canadian and Royal Australian Navies.

In Episode 50 of See You In Court, Holloway joins hosts Robin Frazer Clark and Lester Tate for a wide-ranging conversation about Canadian and American law, shared legal history, national security, economic ties, the rule of law and the relationship between Canada and the United States.

How Similar Are Canadian and American Law?

One of the first questions Holloway addresses is how closely the Canadian and American legal systems resemble one another.

His answer is straightforward.

They’re more alike than they are different.

Both Canada and the United States are federal unions whose legal systems developed from British constitutional and common-law traditions.

Each country also has an important civil-law jurisdiction.

In the United States, that’s Louisiana.

In Canada, it’s Quebec.

Those shared roots mean Canadian law students can often feel comfortable in American classrooms, and Canadian and American lawyers recognize many of the same legal concepts, traditions and methods of reasoning.

But the systems aren’t identical.

Why Canadians Don’t Elect Judges

One of the biggest differences Holloway identifies involves judicial selection.

Canadians don’t elect judges.

Superior court judges in Canada’s provinces are appointed by the federal government. The system was designed in part to encourage judges to see themselves as members of a national judiciary rather than representatives of a particular province.

That’s quite different from the United States, where many state judges are elected.

Holloway explains that judicial elections are one of the features of the American legal system that Canadian lawyers often have difficulty understanding.

The difference reflects two countries that share many constitutional traditions but developed different ideas about how judicial independence should be protected.

Civil Juries Are Much Less Common in Canada

The two countries also approach jury trials differently.

Juries remain an important part of serious criminal cases in Canada, but they’re far less common in civil litigation.

Canadian courts do allow civil juries in certain circumstances, but judges generally have more authority to determine whether a case should proceed before a jury.

Holloway notes that civil juries are most commonly seen in areas such as defamation.

That’s a significant contrast with the United States, where the right to a civil jury trial remains an important feature of the legal system.

Can Canadian Prosecutors Appeal an Acquittal?

The episode also explores another important difference between the two justice systems.

Canadian prosecutors can sometimes appeal an acquittal.

Holloway explains that these appeals generally involve alleged errors of law rather than disagreements over facts.

That’s different from the American system, where protections against double jeopardy sharply limit the government’s ability to challenge an acquittal.

The discussion highlights how two common-law systems can share many foundational principles while reaching different conclusions about criminal procedure.

Ian Holloway’s Connection to the United States

Holloway isn’t simply observing the United States from a distance.

His career has included extensive professional and personal connections with American institutions.

He’s a graduate of the University of California at Berkeley, has been elected to the American Law Institute and attended programs at Northwestern University’s Kellogg School of Management and Harvard University’s Kennedy School of Government.

His military career also included time serving on the staff of a U.S. admiral in Norfolk, Virginia.

Holloway has also been closely involved with American legal academics, including the Southeastern Association of Law Schools.

That familiarity gives him an unusual perspective.

He’s clearly Canadian, but he understands American institutions, legal culture and history from years of direct interaction.

Why Canadian and American Legal History Are So Connected

Holloway argues that Canadian legal history can’t really be understood without understanding American legal history.

The reverse is often true as well.

The two countries developed side by side, and major events in one repeatedly influenced the other.

The episode explores several fascinating examples.

During the American Revolution, efforts were made to persuade British colonies in what would become Canada to join the rebellion.

Benjamin Franklin and American military leaders attempted to gain support in Quebec.

Nova Scotia was another possible participant.

Neither ultimately joined the Revolution.

That decision helped set Canada and the United States on different political paths, even though their histories remained closely connected.

Judah Benjamin and Canadian Constitutional Law

One of Holloway’s more surprising examples involves Judah P. Benjamin.

Benjamin was a U.S. senator from Louisiana and later served in the Confederate government during the Civil War.

After the Confederacy collapsed, he fled the United States, eventually moved to England and became a successful barrister.

His legal career didn’t end there.

Benjamin later represented Canadian provinces in constitutional litigation before Britain’s Judicial Committee of the Privy Council, which at the time served as Canada’s highest court of appeal.

Those cases helped shape the balance of power between Canada’s federal government and its provinces.

It’s a striking example of how legal ideas associated with American federalism continued to influence Canadian constitutional development.

Holloway also notes another unusual part of Benjamin’s legacy. His treatise on the sale of goods became an important work in British commercial law and remained influential long after his political career ended.

How the War of 1812 Connected Canada and the United States

The War of 1812 provides another example of how deeply intertwined the two countries’ histories are.

Holloway discusses Canadian connections to the burning of Washington and the bombardment of Fort McHenry.

The British expedition that attacked Washington originated from Halifax, Nova Scotia.

The attack damaged the president’s residence, and the building was later painted white, contributing to the name White House.

The bombardment of Fort McHenry also gave Francis Scott Key the inspiration for what became the United States national anthem.

Holloway points out an interesting historical symmetry.

Canada’s national anthem also has a connection to American history. The composer of “O Canada,” Calixa Lavallée, served in the American Civil War.

The countries didn’t simply influence one another’s laws. Their histories, wars and even national symbols became intertwined.

Canada and the United States in World War II

The conversation later moves to one of the strongest examples of cooperation between the two countries.

Before the United States formally entered World War II, Americans and Canadians were already finding ways to work together.

Holloway describes Americans joining the Canadian armed forces and other forms of informal cooperation before Pearl Harbor.

After the United States entered the war, the relationship grew even closer.

One of the best-known examples was the First Special Service Force, a combined Canadian-American military unit that fought in several theaters of the war.

The unit became legendary for its effectiveness and is often remembered as the “Devil’s Brigade.”

For Holloway, the history reinforces a larger point.

Canada and the United States haven’t simply been neighbors. They’ve repeatedly relied upon one another during moments of national and international crisis.

NORAD and Modern North American Security

That military partnership continues today.

Canada and the United States jointly operate the North American Aerospace Defense Command, or NORAD.

The arrangement is unusually integrated.

Canadian officers can command American forces within the structure, and American officers can command Canadian forces.

Holloway draws on his own naval experience to discuss Russian military activity near North American waters and airspace.

He also explains how climate change and increased access to Arctic shipping routes have made the Northwest Passage increasingly important.

Russia and China have both shown interest in asserting freedom of navigation in northern waters.

That makes cooperation between Canada and the United States especially important for Arctic sovereignty, maritime security and continental defense.

Holloway is also candid about Canada’s responsibilities.

As a Canadian military veteran, he believes Canada needs to invest more heavily in defense and shoulder a larger share of the burden.

Why Canada Matters to Georgia

The Canada-U.S. relationship isn’t only about Washington and Ottawa.

It matters directly to Georgia.

During the episode, Holloway points out that Canada is one of Georgia’s most important international economic partners.

The relationship includes manufacturing, agriculture, transportation, natural resources, supply chains and tourism.

Many industries already operate on a continental rather than purely national basis.

Automobile manufacturing is a good example.

Parts may cross the Canada-U.S. border several times while a single vehicle is being produced.

Energy is another.

Holloway explains that many American refineries are designed to process Canadian oil.

Canadian lumber and mineral resources also play important roles in the U.S. economy.

For Georgia businesses and consumers, relations with Canada can therefore have very practical consequences.

What Happened to the Canada-U.S. Relationship?

The episode also turns to the recent strain in relations between the two countries.

Holloway recalls a famous description of the relationship from President John F. Kennedy:

“Geography made us neighbors, history made us friends, economics made us partners, and necessity made us allies.”

For much of modern history, Holloway believes that description fit the relationship well.

Canada and the United States didn’t agree about everything.

Canada declined to participate officially in the Iraq War, for example, while continuing to cooperate closely with the United States in Afghanistan and other areas.

The countries also negotiated environmental agreements, expanded trade and maintained extensive military cooperation.

Political differences existed, but they didn’t have to define the relationship.

Holloway says the recent change in tone has left many Canadians confused.

Canadians still tend to like Americans personally, he explains, but some have become frustrated or resentful about the political rhetoric directed toward Canada.

Can the Relationship Be Repaired?

Holloway believes it can.

He also believes it needs to be.

Canada and the United States depend on one another economically, strategically and culturally.

His prescription starts with something simple: civility.

Countries can disagree over trade, defense spending, agriculture or other policies without treating one another as enemies.

Holloway argues that Canada also has responsibilities in repairing the relationship.

Canadian leaders need a better understanding of how American government works and shouldn’t focus exclusively on the White House.

Congress, governors, state legislatures and other institutions all play important roles in American policymaking.

Improving the relationship will require engagement across those institutions as well.

Why Personal Relationships Matter

Holloway also makes a broader point about relationships between ordinary people.

The more Canadians and Americans interact, the harder it becomes to reduce one another to political stereotypes.

He uses sports as one example.

American football players regularly come north to play in the Canadian Football League. Some eventually build lives in Canada. Others return home with relationships and experiences that change how they see the country.

Those connections matter.

As Holloway explains, it’s easier to become angry with people you don’t know.

Once you know someone personally, you tend to recognize that they have many of the same concerns, hopes and responsibilities you do.

That principle extends far beyond Canada-U.S. relations.

The Rule of Law Is Bigger Than One Leader

The discussion eventually turns from international relations to the American constitutional system itself.

Holloway describes one of the great achievements of the American Revolution as the creation of a government designed not to depend on a particular individual for its survival.

Presidents change.

Members of Congress change.

Judges change.

Political parties gain and lose power.

The institutions are supposed to continue.

From Holloway’s perspective as what he calls an affectionate and respectful outsider, a system that begins depending too heavily on having the “right person” in power risks losing one of the great strengths of constitutional government.

That observation connects directly with the mission of See You In Court.

The rule of law works because institutions, legal processes and constitutional structures are supposed to remain stronger than any individual officeholder.

How Does Ian Holloway Define Justice?

Every See You In Court guest is asked the same closing question:

How do you define justice?

Holloway approaches the question from a slightly different angle.

He doesn’t define justice primarily by whether a particular outcome feels fair.

Instead, he focuses on conduct and duty.

Rights are important, but Holloway believes society sometimes focuses so heavily on individual rights that it forgets the importance of responsibilities toward other people.

He draws a distinction between the two.

Rights tend to focus on what I am entitled to receive.

Duties focus on what I owe to you and to the people around me.

His definition follows from that idea:

“In a just society…we all feel a duty to treat one another fairly and with respect.”

For Holloway, justice isn’t simply something courts deliver.

It’s also something people create through the way they treat one another.

Why Ian Holloway’s Episode Matters

Ian Holloway brings a perspective to See You In Court that’s both international and deeply familiar with American law.

His career has crossed Canadian and American legal education, military service, private practice, government institutions and legal scholarship.

That allows the conversation to move beyond a basic comparison of two legal systems.

Instead, Holloway helps explain how constitutional ideas cross borders, how history continues to influence modern law and why countries that share deep economic and security interests benefit from understanding one another.

For Georgians, the episode also provides an important reminder.

Canada isn’t a distant foreign relationship.

It’s connected to Georgia through commerce, tourism, manufacturing, law, defense and countless personal relationships.

And Holloway’s broader message goes beyond either country.

Strong societies depend on institutions, relationships, mutual responsibilities and respect for the rule of law.

Key Takeaways from Ian Holloway

• Holloway served as Dean of Law at the University of Calgary from 2011 to 2024.
• His career includes legal practice, legal education, government service and 25 years of naval service.
• Canada and the United States share British constitutional and common-law roots.
• Quebec and Louisiana provide important civil-law exceptions within their respective federal systems.
• Canada appoints judges rather than electing them.
• Civil jury trials are far less common in Canada than in the United States.
• Canadian prosecutors can appeal certain acquittals based on errors of law.
• Canadian and American legal history have influenced one another for centuries.
• Canada and the United States have a long history of military cooperation, including the First Special Service Force and NORAD.
• Arctic security is becoming increasingly important as Russia and China show greater interest in northern waters.
• Canada and Georgia have important economic ties.
• Holloway believes strained Canada-U.S. relations can be repaired through civility, cooperation and better mutual understanding.
• He views the American constitutional system as strongest when institutions are more important than any individual political leader.
• Holloway defines justice through duty, fairness and respect for others.

Frequently Asked Questions About Ian Holloway

Who is Ian Holloway?

Ian Holloway is a Canadian law professor, legal scholar and former Dean of Law at the University of Calgary. His career also includes private legal practice, government service, international legal education and service in the Royal Canadian and Royal Australian Navies.

Where has Ian Holloway taught law?

Holloway served as Dean at the University of Calgary and Western Ontario Law School and as an Associate Dean at the Australian National University. He’s also held academic appointments at institutions including the University of Cambridge and National University of Singapore.

How are Canadian and American legal systems similar?

Both countries are federal systems with legal traditions rooted largely in British common law and constitutional principles. Their legal systems share many concepts, institutions and methods of legal reasoning.

What are the biggest differences between Canadian and American courts?

Holloway points to judicial selection and jury trials as two important differences. Canadian judges are appointed rather than elected, and civil jury trials are much less common in Canada.

Can prosecutors appeal an acquittal in Canada?

Yes, in certain circumstances. Holloway explains that Canadian prosecutors can appeal an acquittal based on an alleged error of law, though they can’t simply appeal because they disagree with the factual findings.

Why are Canadian and American legal histories so connected?

The countries developed from related British constitutional traditions and repeatedly influenced one another through the American Revolution, War of 1812, Civil War, constitutional litigation, commerce and international relations.

What is NORAD?

NORAD is the North American Aerospace Defense Command, a joint Canadian-American military organization responsible for aerospace warning and defense of North America.

Why does Canada matter to Georgia?

Canada is an important economic partner for Georgia. Trade, manufacturing, energy, agriculture, tourism and integrated North American supply chains create substantial connections between the state and Canada.

What does Ian Holloway say about the Canada-U.S. relationship?

Holloway believes the relationship has experienced a difficult period but can be repaired. He argues that geography, economic integration, security interests and personal relationships give both countries strong reasons to cooperate.

What does Ian Holloway say about the rule of law?

Holloway believes one of the strengths of the American constitutional system is that it was designed to survive changes in leadership. Institutions and the rule of law should remain more important than any individual political figure.

How does Ian Holloway define justice?

Holloway defines justice primarily through responsibility toward others. He believes a just society is one where people recognize a duty to treat one another fairly and with respect.

Watch or Listen to Ian Holloway on See You In Court

Hear the full conversation with Ian Holloway in Episode 50 of See You In Court, where he joins Robin Frazer Clark and Lester Tate to discuss Canadian and American law, legal history, national security, Canada-U.S. relations, the rule of law and what justice means to him.

📺 Watch Episode 50 on YouTube:
https://youtu.be/BXCnSHSSd6A

🎧 Listen to Episode 50 on Podbean:
https://seeyouincourtpodcast.podbean.com/e/in-conversation-with-ian-holloway-kc-the-undeniable-relationship-between-canada-and-the-united-states/

⚖️ Explore more See You In Court episodes:
https://seeyouincourtpodcast.org/episodes/

Related Resources

University of Calgary Faculty of Law
https://law.ucalgary.ca/

See You In Court Featured Guests
https://seeyouincourtpodcast.org/featured-guests/

Robin Frazer Clark
https://www.gatriallawyers.net/

Lester Tate | Akin & Tate
https://www.akintate.com/

Georgia Civil Justice Foundation
https://fairplay.org/