Editorial
While speaking with the Caribbean Camera in 2002, the late Barbadian-Canadian writer Austin Clarke, a progressive whose political inclinations tended to the Social Democratic side of the political spectrum, explained in a single sentence why he chose to run as a Progressive Conservative candidate in the 1977 Ontario general election. His reply? “Because Roy McMurtry asked me to”.

Given what we know about Roy McMurtry, we expect that statements like that about him will be made as people reflect on the passing of this great jurist; a man of unquestioned decency. Mr. McMurtry was 91.
His death reminds us that there was a time when progressive men and women, of any hue, could have easily chosen the Progressive Conservative Party as they did the Liberals or the New Democratic Party. That is because many of the issues that move ordinary Canadians today were championed by McMurtry during his 10 years – 1975-1985 – as a member of the Parliament of Ontario, serving in the cabinet of a Premier Bill Davis-led government, as Attorney General and as Solicitor General.

McMurtry was truly a Progressive Conservative – the term is still used as the name for some provincial parties like Ontario’s Progressive Conservative Party, but there are few members who can lay claim to being progressive in any way. Needless to say, Mr. McMurtry would be hard pressed to find a comfortable home in any of the current conservative parties, federal or provincial.
During a ten-year period, he introduced a number of law reform bills aimed at rectifying injustices and advancing social justice. He championed children’s rights to legal representation, bilingualism outside Quebec, and gender equality in family law. His influence extended to judicial appointments, paving the way for greater diversity in the judiciary and advancements in human rights legislation. At a time when being a member of the LGBTQ community was a scarlet letter and a free hand to abuse them, knowing that the abuser was safe from legal penalty, they (LGBTQ members) were in fact outlaws. Yet McMurtry was steadfast in his defense of minority rights whether they be the LGBTQ community, women’s marital rights or linguistic minorities. He embodied the perfect blend of ideals and practicality in his quest for a more just society.
Everywhere we look we find his words and deeds bear out that statement: during his time as attorney general, McMurtry spearheaded the creation of a series of legal clinics throughout Ontario. These clinics were specifically designed to improve the accessibility of justice for marginalized communities within the province; he made a significant contribution to facilitating the agreement that led to the patriation of the Canadian Constitution and the establishment of the Charter of Rights and Freedoms and, while wearing the hat of Attorney General of Ontario he speared no effort in expanding language rights in the province.
After retiring from politics, he did a three-year stint as ambassador to the UK, then became Chief Justice of Ontario (CJO) in 1996; it was during his tenure as CJO when he ruled that the Canadian Charter of Rights and Freedoms required the Province of Ontario issue marriage licences to same-sex couples.
McMurtry returned to law practice and kept his progressive hand in, joining the Pro Bono Law Ontario’s Advisory Board. He also found time to deepen his involvement in the affairs of minority and racialized communities, sharing his concerns about matters that directly affect them.
Following the May 2007 shooting death of Jordan Manners inside C.W. Jefferys Collegiate Institute, McMurtry went on to co-author “The Roots of Youth Violence” report, with former cabinet minister Alvin Curling.
“We strongly believe Ontario is at a crossroads in dealing with the roots of violence involving youth,” said McMurtry. “Our report presents the government with a comprehensive framework to address the serious trends we have identified and that will have serious consequences if allowed to continue unchecked.”
If “The Roots of Youth Violence” was all that Roy McMurtry did, our community would be eternally grateful. That it was but one stitch in an expansive social quilt with representation of the marginalized and victims of discrimination, puts him among the giants of Canada and Ontario, the province he served with great distinction.