Judicial Career
He was appointed Associate Chief Justice of the Superior Court (Trial Division) in Ontario in 1991, and became Chief Justice of that court in 1994. He became Chief Justice of Ontario in 1996, heading the entire court system in the province, and leading the Court of Appeal for Ontario. That court gained a degree of public attention in 2003 when it ruled in Halpern v. Canada (Attorney General) that provisions of the Canadian Charter of Rights and Freedoms guaranteeing equality under the law require the Province of Ontario to issue marriage licences to same-sex couples. For this, the Globe and Mail named McMurtry and his fellow judges the "Nation Builders of 2003."
In the weeks prior to his retirement, McMurtry was widely praised as being a unifying force and consensus-builder during his tenure as Chief Justice.
"Under Chief Justice McMurtry's leadership, we pulled together and we worked hard, and the chief justice reached out to the bar and he sought their support, and he got it," said Court of Appeal Judge Michael Moldaver in a speech. "Thanks to his courage, leadership and vision, we now have an appeal process that is capable of delivering quality justice in a timely and efficient manner."
"I don't want to paint him as the Next Coming, but he has been a great uniter," said Clifford Lax, a veteran Toronto civil litigator. "He is a really very nice person who is able to find common ground. In a quiet, unassuming way, he has won a lot of converts to what he has done."
During his term McMurtry also acted as the Mayor of Toronto's race relations commissioner, and helped create Pro Bono Access Ontario which helps provide free legal services to the poor and encourages lawyers to provide pro bono services. He has also been involved with the Ontario Justice Education Network, a program which educates youth at risk about the justice system.
McMurtry is credited with helping transform a backlogged and sometimes fractious court into a highly efficient, harmonious body.
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