Former Ontario attorney generalRoy McMurtrydead at 91 - Action News
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Former Ontario attorney generalRoy McMurtrydead at 91

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

McMurtry, a major advocate for human rights, remembered as a 'giant' whose vision helped shape Canada

Roy McMurtry
As attorney general under former Progressive Conservative premier Bill Davis, Roland (Roy) McMurtry chaired the Ontario cabinet committee on race relations. McMurtry, who died on Monday, was seen as a 'giant in his own right,' Ontario Attorney General Doug Downey said. (Paul Borkwood/CBC)

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

McMurtry, a legal and political giant in the province, died Monday, said his son Jim McMurtryin a post on X, formerly Twitter.

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

The Francophone Assembly of Ontario (AFO) said on X that it is "saddened" by McMurtry'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 until 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, including bilingualism in the courts, during his time as attorney general. McMurtry wasseen as a major advocate for human rightsand a voice for issues facedby the Black community.

WATCH |McMurtry on pushing back against discrimination:

Roy McMurtry on his legacy of fighting discrimination

6 years ago
Duration 4:04
"Toronto wasn't a very multicultural city when I was growing up," said McMurtry, who was born in Toronto in the early 1930s.

After his political career, McMurtryserved as Canada's High Commissioner to Great Britain before being appointed as a judge.

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

The former attorney general 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 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 said McMurtry, who was Chief Justice of Ontario for 11 years before retiring in 2007, left a "tremendous impact," sayinghe 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, which houses the Appeal Court,has been placed at half-staff, the court said.

Politicians also took to X Tuesday to share their condolences.

Ontario Attorney GeneralDoug Downey remembered McMurtry as someone who had an "unwavering commitment to justice, enduring impact in government, strong leadership, and for inspiring those in pursuit of a more just and equitable society."

McMurtrywas a "wise leader at his very core," Downey said. "He left an impact on his community, his province, and his country. He was a giant in his own right."

Ontario Chief Justice Roy McMurtry
McMurtry played a 'central and influential' role in negotiating the Charter of Rights and Freedoms and patriating Canada's constitution, said the Court of Appeal for Ontario. (Kevin Frayer/The Canadian Press)

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.

Ontario Liberal Leader Bonnie Crombieshared her condolences.

"He was a true gentleman and played an important role in the great constitutional debates of the 1980s," shesaid.

McMurtry played 'central' role in negotiating Charter

McMurtry played a "central and influential" role in negotiating the Charter of Rights and Freedoms and patriating Canada's constitution, 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," the 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 Chrtien, 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 Chrtien to compromise by adding the "notwithstanding clause" that gave provinces the ability to protect legislation that would otherwise violate Canadians' Charter rights.

With files from The Canadian Press