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| Michael Moldaver | |
|---|---|
| Name | Michael Moldaver |
| Birth date | 1947-10-23 |
| Birth place | Springhill, Nova Scotia |
| Occupation | Jurist |
| Alma mater | University of Toronto, Osgoode Hall Law School |
| Office | Puisne Justice of the Supreme Court of Canada |
| Term start | 2011 |
| Term end | 2022 |
| Predecessor | Ian Binnie |
| Successor | Andromache Karakatsanis |
Michael Moldaver was a Canadian jurist who served as a puisne justice of the Supreme Court of Canada from 2011 to 2022. Known for his lengthy experience on appellate and trial benches, he brought a pragmatic approach to criminal law, evidence, and appellate procedure. His career intersected with major Canadian institutions, high-profile litigants, and debates in constitutional and criminal jurisprudence.
Born in Springhill, Nova Scotia, Moldaver moved to Toronto where he pursued higher education at the University of Toronto and later obtained legal training at Osgoode Hall Law School. During his student years he engaged with legal clinics and local bar associations such as the Law Society of Upper Canada, interacting with prominent legal figures and alumni networks tied to institutions like Toronto Metropolitan University and York University. His formative years coincided with developments in Canadian legal education influenced by decisions from the Supreme Court of Canada and doctrinal shifts following the adoption of the Canadian Charter of Rights and Freedoms.
Moldaver was called to the bar and practised criminal law and appellate advocacy in Ontario, appearing before tribunals and courts including the Ontario Court of Justice and the Ontario Court of Appeal. He served as a Crown prosecutor and later entered private practice, developing a reputation among members of the Criminal Lawyers' Association (Ontario) and the Canadian Bar Association. In 1990 he was appointed to the Ontario Court of Justice and subsequently elevated to the Ontario Superior Court of Justice and the Court of Appeal for Ontario. His judicial portfolio involved managing complex trials and appeals that engaged statutes such as the Criminal Code (Canada) and Charter litigation under the Canadian Charter of Rights and Freedoms. Throughout his judicial ascent he engaged with procedural reforms promoted by entities like the Attorney General of Ontario and oversight from the Judicial Council of Ontario.
Nominated to the Supreme Court of Canada in 2011, Moldaver succeeded Ian Binnie and joined colleagues including Chief Justices Beverley McLachlin and later Richard Wagner, as well as puisne justices such as Rosalie Abella, Claudia Frye, and Louis LeBel during overlapping terms. On the Court he participated in panels that addressed issues spanning constitutional law, criminal procedure, administrative law, and statutory interpretation involving federal and provincial disputes between actors like the Government of Canada and the Province of Ontario. His tenure coincided with landmark cases that reached the Court from appellate courts including the Quebec Court of Appeal, the British Columbia Court of Appeal, and the Alberta Court of Appeal. He retired in 2022, making way for appointments considered by the Prime Minister of Canada and scrutinized by the Parliament of Canada during judicial selection discussions.
Moldaver authored and joined opinions on key criminal law decisions concerning rights under the Canadian Charter of Rights and Freedoms, police powers, and evidentiary standards. He contributed to rulings on search and seizure, detention, and the admissibility of statements, engaging with precedent from justices such as Peter Cory and Beverley McLachlin. His judgments often emphasized pragmatic courtroom realities, deference to trial findings, and clarity in appellate standards, citing statutes and precedents from provincial appellate courts. He wrote reasons that addressed sentencing principles under the Criminal Code (Canada), interlocutory appeals, and statutory interpretation disputes involving administrative tribunals like the Supreme Court of Canada’s treatment of standards of review. His jurisprudence affected litigants ranging from individual appellants to corporations and state actors appearing before courts including the Federal Court of Canada and tribunals such as the Immigration and Refugee Board of Canada.
Moldaver drew both praise and criticism. Advocates in criminal defence and civil liberties organizations such as the Canadian Civil Liberties Association and the Criminal Lawyers' Association (Ontario) critiqued some of his positions on Charter remedies and search powers, while prosecutors and law-and-order commentators welcomed his practical emphasis on courtroom efficiency and deference to law enforcement. His Supreme Court appointment and statements during hearings prompted commentary in media outlets and legal periodicals associated with institutions like The Globe and Mail, Toronto Star, and academic journals published by University of Toronto Press and Osgoode Hall Law Journal. Debates around his views engaged legislators in the Parliament of Canada and influenced ongoing discussions about judicial selection, public confidence, and the role of appellate courts.
Moldaver maintained ties to communities in Toronto and his native Nova Scotia, participating in legal education forums at institutions such as Osgoode Hall Law School and guest lecturing at the University of Toronto Faculty of Law. He received recognitions common to senior jurists, including acknowledgements from bar associations like the Law Society of Ontario and honorary engagements with organizations such as the Canadian Bar Association. His retirement in 2022 was marked by tributes from colleagues across the judiciary, academia, and legal practice, reflecting interactions with figures from appellate benches including the Court of Appeal for Ontario and the Supreme Court of Canada.
Category:Judges of the Supreme Court of Canada Category:Canadian jurists Category:1947 births Category:Living people