Former Ontario attorney general Roy McMurtry dead at 91

Roland (Roy) McMurtry, former provincial attorney general and chief justice of Ontario, has died. He was 91.

McMurtry, a legal and po‐ litical giant in the province, died Monday, said his son Jim McMurtry in a post on X, for‐ merly Twitter.

"My father fought for rights and freedoms," Jim wrote Tuesday morning. "I was the proudest son."

The Francophone Assem‐ bly of Ontario (AFO) said on X that it is "saddened" by Mc‐ Murtry's passing.

"He played a leadership role in the implementation of bilingualism in our courts of justice," the AFO said. "Rest in peace."

McMurtry was a lawyer for 17 years and was elected to the Ontario legislature in 1975, serving in that role un‐ til 1985. As attorney general under former Progressive Conservative premier Bill Davis, McMurtry chaired the Ontario cabinet committee on race relations.

He oversaw many reforms in the justice system, includ‐ ing bilingualism in the courts, during his time as attorney general. McMurtry was seen as a major advocate for hu‐ man rights and a voice for is‐ sues faced by the Black com‐ munity.

WATCH | McMurtry on pushing back against discrim‐ ination:

After his political career, McMurtry served as Canada's High Commissioner to Great Britain before being ap‐ pointed as a judge.

He was awarded the Or‐ der of Ontario, the province's highest honour, in 2008, and named an Officer of the Or‐ der of Canada.

The former attorney gen‐ eral was also instrumental in the creation and expansion of the province's legal aid system, said Boris Bytensky, president of the Criminal Lawyers Association.

"It's not widely known, but the model that we've had about ensuring that the poorest and most needy per‐ sons in Ontario who are caught up in the criminal jus‐ tice 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 said McMurtry, who was Chief Jus‐ tice of Ontario for 11 years before retiring in 2007, left a "tremendous impact," saying he will be greatly missed.

"Former Chief Justice Mc‐ Murtry was a giant whose vi‐ sion and brilliance helped shape the province and country we live in today," it said.

The flag at Osgoode Hall, which houses the Appeal Court, has been placed at half-staff, the court said.

Politicians also took to X Tuesday to share their con‐ dolences.

Ontario Attorney General Doug Downey remembered McMurtry as someone who had an "unwavering commit‐ ment to justice, enduring im‐ pact 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 said. "He left an im‐ pact on his community, his province, and his country. He was a giant in his own right."

McMurtry was also one of the judges of the Appeal Court who upheld a lowercourt ruling that found the common-law definition of marriage was against the Charter.

The federal government did not appeal the ruling and ended up drafting legislation to legalize same-sex mar‐ riage.

Ontario Liberal Leader Bonnie Crombie shared her condolences.

"He was a true gentleman and played an important role in the great constitutional de‐ bates of the 1980s," she said.

McMurtry played 'cen‐ tral' role in negotiating

Charter

McMurtry played a "cen‐ tral and influential" role in negotiating the Charter of Rights and Freedoms and pa‐ triating Canada's constitu‐ tion, said the Court of Appeal for Ontario.

Canada took control of its own constitution from Britain in 1982, but it wasn't easy for then-prime minister Pierre Trudeau to convince all the provinces to get on board af‐ ter a lengthy legal battle in numerous courts.

The so-called "Gang of Eight," the premiers of Alber‐ ta, British Columbia, Manito‐ ba, Newfoundland, Nova Scotia, Prince Edward Island, Quebec and Saskatchewan, opposed the constitution and its central document, the Charter.

After several days of talks at the National Conference Centre in Ottawa in the fall of 1981 among all the attorneys general, Jean Chrétien, then justice minister, huddled in an unused kitchen with Mc‐ Murtry and Saskatchewan at‐ torney general Roy Ro‐ manow.

The three hammered out the basics of a deal, which became know as the "kitchen accord." McMurtry and Ro‐ manow got Chrétien to com‐ promise by adding the "notwithstanding clause" that gave provinces the ability to protect legislation that would otherwise violate Canadians' Charter rights.