Roy McMurtry, former Ontario attorney general and legal giant, dies

Roy McMurtry, a legal and political giant in Ontario, has died at 91.

McMurtry, a trial lawyer for 15 years, won his Eglinton riding in Toronto in 1975 and was immediately appointed attorney general under Progressive Conservative premier Bill Davis.

He held that post for 10 years. He then spent several years as Canada’s High Commissioner to Great Britain until he was appointed a judge in 1991, the Court of Appeal for Ontario said in a statement Tuesday.

McMurtry served as associate chief justice, then chief justice of the Superior Court, before being appointed to the Appeal Court as chief justice of Ontario.

“Former Chief Justice McMurtry was a giant whose vision and brilliance helped shape the province and country we live in today,” the Appeal Court wrote in a statement.

“He will be missed.”

The flag at Osgoode Hall, which houses the Appeal Court, has been lowered to half mast, the court said.

During his time as attorney general, McMurtry oversaw a number of important reforms in the justice system including bilingualism in the courts and family law reform, said current Ontario Attorney General Doug Downey.

“The Hon. Roy McMurtry will be remembered for his unwavering commitment to justice, enduring impact in government, strong leadership and for inspiring those in pursuit of a more just and equitable society,” Downey said.

McMurtry played a pivotal role in negotiating the Charter of Rights and Freedoms and patriating Canada’s Constitution during his time in government, 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 after a lengthy legal battle in numerous courts.

The so-called “Gang of Eight,” premiers of  Alberta, British Columbia, Manitoba, 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 McMurtry and Saskatchewan attorney general Roy Romanow.

The three hammered out the basics of a deal, which became know as the “kitchen accord.” McMurtry and Romanow got Chretien to compromise by adding the “notwithstanding clause” that gave provinces the ability to protect legislation that would otherwise violate Canadians’ Charter rights.

McMurtry was also one of the judges of the Appeal Court who upheld a lower-court 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 marriage.

McMurtry was named an Officer of the Order of Canada and appointed to the Order of Ontario for his contribution to society.

“In his later role as chief justice of Ontario, he contributed to building a more tolerant society by promoting cultural diversity, defending the constitutional rights of minorities and creating educational initiatives for youth,” the governor general wrote upon his induction into the Order of Canada in 2009.