Roland (Roy) McMurtry, the former provincial attorney general and chief justice of Ontario, has passed away at the age of 91. His son Jim McMurtry announced his death on X, formerly Twitter, on Monday.
“My father fought for rights and freedoms,” Jim wrote Tuesday morning. “I was the proudest son.”
The Francophone Assembly of Ontario (AFO) expressed its sorrow over McMurtry’s passing, stating on X that they are “saddened” by the news.
“He played a leadership role in the implementation of bilingualism in our courts of justice,” the AFO said. “Rest in peace.”
McMurtry, who served as a lawyer for 17 years, entered the Ontario legislature in 1975, retaining his seat until 1985. During his tenure as attorney general under former Progressive Conservative premier Bill Davis, McMurtry chaired the Ontario cabinet committee on race relations.
His leadership witnessed numerous reforms within the justice system, notably the implementation of bilingualism in the courts. McMurtry emerged as a prominent advocate for human rights, amplifying the concerns of the Black community.
Following his political tenure, McMurtry assumed the role of Canada’s High Commissioner to Great Britain before transitioning into a judicial appointment.
His distinguished service earned him accolades including the Order of Ontario, the province’s highest honor, in 2008, and the designation as an Officer of the Order of Canada.
Boris Bytensky, president of the Criminal Lawyers Association, noted McMurtry’s pivotal role in the establishment and growth of the province’s legal aid system.
“It’s not widely known, but the model that we’ve had about ensuring that the poorest and most needy persons in Ontario who are caught up in the criminal justice system got fair and meaningful representation was through the efforts of Roy McMurtry,” Bytensky said.
In a post on X, the Court of Appeal for Ontario acknowledged McMurtry’s profound influence, highlighting his 11-year tenure as Chief Justice of Ontario before retiring in 2007.
The court expressed deep sorrow over his passing, emphasizing that his legacy will endure and that he will be greatly missed.
“Former Chief Justice McMurtry was a giant whose vision and brilliance helped shape the province and country we live in today,” it said.
The flag at Osgoode Hall, home to the Appeal Court, has been lowered to half-staff, the court confirmed. Politicians also utilized X to express their condolences.
Ontario Attorney General Doug Downey honored McMurtry as someone with an “unwavering commitment to justice, enduring impact in government, strong leadership, and for inspiring those in pursuit of a more just and equitable society.”
“McMurtry was a ‘wise leader at his very core,'” Downey added. “He left an impact on his community, his province, and his country. He was a giant in his own right.”
McMurtry, among the judges of the Appeal Court, upheld a lower-court ruling that deemed the common-law definition of marriage incompatible with the Charter.
This pivotal decision prompted the federal government to draft legislation legalizing same-sex marriage, as it opted not to appeal the ruling. Ontario Liberal Leader Bonnie Crombie extended her condolences.
“He was a true gentleman and played an important role in the great constitutional debates of the 1980s,” she said.
Roland McMurtry Played ‘Central’ Role In Negotiating Charter
The Court of Appeal for Ontario acknowledged McMurtry’s pivotal role, describing him as playing a “central and influential” part in negotiating the Charter of Rights and Freedoms and in patriating Canada’s constitution.
Canada achieved control of its own constitution from Britain in 1982, yet the journey was arduous for then-Prime Minister Pierre Trudeau, who faced resistance from several provinces following a protracted legal battle.
The “Gang of Eight,” comprised of the premiers of Alberta, British Columbia, Manitoba, Newfoundland, Nova Scotia, Prince Edward Island, Quebec, and Saskatchewan, opposed the constitution and its cornerstone, the Charter.
During extensive discussions at the National Conference Centre in Ottawa in the fall of 1981, all attorneys general, including Jean Chrétien, then justice minister, convened.
In a notable moment, Chrétien, McMurtry, and Saskatchewan attorney general Roy Romanow found themselves in an unused kitchen, where they hashed out the essentials of a deal, famously dubbed the “kitchen accord.”
McMurtry and Romanow persuaded Chrétien to compromise by introducing the “notwithstanding clause,” granting provinces the authority to safeguard legislation that might otherwise infringe on Canadians’ Charter rights.
