Peter Rosenthal

Peter Rosenthal (June 1, 1941 - May 25, 2024) was an American-Canadian mathematician, lawyer, and activist. In addition to gaining international recognition for his mathematical research and enjoying a long career as a professor at the University of Toronto, Rosenthal was committed to fighting social injustices and pursued social and political activism through his career in law. Often working pro-bono, he represented marginalized people and left-wing activists in a number of cases, including such significant cases as Figueroa v Canada and the Ipperwash Inquiry.

Early/personal life

Rosenthal was born in Flushing, Queens, New York to Harold, a high school math teacher, and Esther, a left-wing activist who was engaged in the anti-nuclear war and civil rights movements. Rosenthal and his brothers, Eric and Walter, were “red-diaper babies,“ and Rosenthal’s early commitment to social justice and political activism was influenced by that of his parents. Their house was often open to anti-nuclear war protestors, and Rosenthal participated in the Woolworth lunch-counter sit-ins in 1960.

Despite initially achieving poor grades in high school and university, Rosenthal graduated from Queens College in 1962 with a B.S. in Mathematics and two scholarship offers.

In 1960, Rosenthal married Helen Black and the couple moved to Michigan, where their first son, Alan, was born. Rosenthal obtained his MA and Ph.D. in Mathematics at the University of Michigan. In 1967, Rosenthal accepted an assistant professorship at the University of Toronto and moved his family to Scarborough, where his sons Jeffrey and Michael were born. He remained a mathematics professor at U of T for the rest of his career, eventually becoming a full professor and retiring as a professor emeritus. He and Helen Black divorced amicably in 1979, and Rosenthal married Carol Kitai in 1985, with whom he had two children, Daniel and Esther.

Law career

In 1969, Rosenthal was arrested while giving a speech at an anti-Vietnam war protest outside the U.S. consulate. He was charged with obstructing an officer and causing a disturbance. When he disagreed with his lawyer about trial tactics, Rosenthal chose to represent himself in trial. He did so successfully, and was acquitted of the first charge at trial and the second on appeal.

Rosenthal then began volunteering as a legal assistant, representing activists who had been charged with minor offences. However, his lack of a law degree restricted his ability to take on legal cases. He could not represent people charged with more serious offences, and was threatened by the Law Society of Upper Canada for practicing law without a licence. He hired activist lawyer Charles Roach to defend him, and Roach encouraged Rosenthal to pursue law school.

In 1988, Rosenthal took a sabbatical from teaching at U of T to enter University of Toronto Law School as a full-time student. He obtained his Bachelor of Laws in 1990, and was called to the Ontario bar in 1992. He became an adjunct professor at the University of Toronto Law School following his graduation. He eventually practiced in the firm of Roach, Schwartz & Associates, and continued to perform pro-bono work.

Figueroa v Canada

In 1993, the Conservative government of Prime Minister Brian Mulroney amended the Canada Elections Act to state that a registered political party which runs fewer than 50 candidates in a general election would be automatically de-registered and have its assets seized and turned over to the Government of Canada. The amendments also raised the deposit to nominate a federal candidate, which was only partially refundable for smaller parties. Miguel Figueroa, the leader of the Communist Party of Canada (CPC), challenged the constitutionality of these provisions after the CPC failed to run 50 candidates in the 1993 general election. The CPC fought the case in various courts across the country for 10 years. During this time, Peter Rosenthal represented Figueroa and the CPC. In 2002, Rosenthal argued the case before the Supreme Court and won. Rosenthal performed this work pro-bono until the end, when costs were awarded.

OCAP anti-poverty rally

On June 15, 2000, the Ontario Coalition Against Poverty (OCAP) organized a demonstration at Queen’s Park in Toronto to protest measures taken by the Harris government that were seen as attacks on the poor. Protestors were met with violence from police, and the demonstration turned raucous. OCAP organizer John Clarke was charged with counselling participation in a riot and counselling to assault police, and OCAP members Gaétan Heroux and Stefan Pilipa were charged with participating in a riot. Rosenthal represented the three activists in court, getting the charges dropped and winning $10,000 for human rights violations from the Toronto Police Service for Clarke and $5,000 each for Heroux and Pilipa.

Ipperwash Inquiry

In September 1995, members of the Kettle and Stony Point First Nation occupied Ipperwash Provincial Park, which was located on reserve land that had been expropriated by the federal government in 1942 for use as a military camp. During the occupation, tensions between the protestors and the OPP mounted, culminating in the death of an unarmed Ojibwa man named Dudley George, who was shot by an OPP sniper in a nighttime raid. A public inquiry into George’s death did not begin until 2003, and lasted until 2006. In the inquiry, Rosenthal represented a group of Indigenous activists involved in the occupation and cross-examined former Premier Mike Harris who had allegedly stated, “I want the fucking Indians out of the park.”

In addition to his role in these high-profile cases, Rosenthal was also known for being the main legal representative of the Black Action Defence Committee, representing several of those arrested at the 2010 G20 Toronto summit protests, and representing many other activists and marginalized people, often pro-bono. His work was recognized with awards such as the Jus Memorial Human Rights Prize, the BADC Award for Advocacy on behalf of Canadians of African Descent, and a Law Society Medal, awarded by the Law Society of Canada.



References

Peter Rosenthal fought for justice in a tough place – the courtroom – John Clarke, 2024
Peter Rosenthal was a human rights protector – Ron Fanfair, 2024
Police ‘didn’t have to be so restrictive’ – interview with Peter Rosenthal, The Globe and Mail, 2010
The Agitator – Sylvia Fraser, 2008
Police stirred poverty riot, jury told – article about the trial following the OCAP protest at Queen’s Park, 2003


Subject headings
Activism/RadicalismCanadian LawCriminal LawElection LawsHuman Rights LawLawLaw & SocietyLawyersMathematicsPoverty LawUniversity of TorontoUniversity Professors