Michael Tulloch is Ontario's new Chief Justice
January 18, 2023
Introduced by a mutual friend just over a decade ago, Brian Facey – considered one of Canada’s top competition lawyers – took a liking to Justice Michael Tulloch.
At age nine, the former Canadian Association of Black Lawyers (CABL) President and his parents left Jamaica that was home to Facey’s paternal grandparents before they migrated to Toronto via the United States in 1924.
As they became close friends, the legal practitioners made a few trips and talked a lot about bettering the world.
It was evident to Facey, whose grandfather Arthur Facey helped design and construct several of the city’s iconic landmarks, including the Royal Ontario Museum, the Princes’ Gate at Exhibition Place and the Holy Blossom Temple before his death in 1957, that Tulloch was a special human being.
“Michael is kind, intelligent and a thoughtful person who likes to reconcile things and drive through an agenda,” the Canadian Bar Association National Competition Law Section past Chair noted. “He is always positive and such an enjoyable person to be around.”
Facey was on cloud nine late last month after learning of Tulloch’s appointment as Ontario’s new Chief Justice and President of the Court of Appeal for Ontario.
Writing skills in the criminal justice system is often overlooked.
A prolific writer, Tulloch has written over 300 published judgments.
Facey feels this is one area in which the new Chief Justice will be impactful.
“In this day and age, he is so able to communicate things clearly,” he said. “If you look at his decisions, they are perfectly worded. He uses simple language instead of legalese and I think that is going to be important for the court because part of the justice system is remaining relevant to people. I think he will make the court and the laws of Ontario more understandable and accessible to people and therefore more acceptable.”
The Chief Justice directs and supervises court sittings in addition to assigning judicial duties.
In making the announcement, Prime Minister Justin Trudeau said Tulloch is a highly respected member of Ontario and Canada’s legal community.
“As he takes on his new role as Chief Justice of Ontario and President of the Court of Appeal for Ontario, I wish him continued success,” the Prime Minister noted. “I know he brings a wealth of experience to the position and will continue to serve Ontarians well.”
The appointment delights former Ontario Chief Justice Roy McMurtry who is a mentor and friend of Tulloch.
“Michael will strengthen the effectiveness of the Ontario Justice Education Network which is important to the functioning of all of the courts in the province,” the York University Chancellor Emeritus said.
Tulloch was in Sheldon Levy’s math class at York University nearly 35 years ago.
“We have remained close all this time to the point where I call him ‘son’ and he calls me ‘dad’,” said the former Toronto Metropolitan University (TMU) President & Vice-Chancellor. “I have watched Michael take on some of the most difficult issues, like ‘carding’ and the role of the police. He is always putting what is right and the law as his guide. I am so proud of my ‘son’ who, in this role, will help make Ontario and Canada a better society for us all.”
School administrator Rasulan Hoppie (l), Nicolle Coco LaRaine Veira, Justice Michael Tulloch & the late Jordan Veira at the opening of a two-day Peel School Board conference in May 2018 (Photo by Ron Fanfair)
In April 2016, Tulloch was appointed to lead an independent review of police oversight in Ontario because of the controversy surrounding the police’s use of force and allegations of secretive practices by police watchdogs.
His team consulted with more than 1,300 individuals and organizations. The final report, released in April 2017, included 129 recommendations to make police oversight more transparent and accountable, and it resulted in significant changes to police oversight.
Then Ontario Attorney General Yasir Naqvi committed to implementing several of the recommendations, including releasing past and future Special Investigations Unit Directors’ reports that describe cases where no criminal charges were laid, disclosing to the public crucial information about investigations into deaths involving officers and requiring watchdogs to collect demographic data.
“Considering the reviews that led to legislative reforms and the work Michael has done in the criminal justice system as a prosecutor and a defense counsel, he is uniquely positioned to take up the Chief Justice responsibility, especially at this time when there is a pandemic and there are issues that are being amplified because of it,” said Patricia DeGuire who is the Ontario Human Rights Commission Chief Commissioner and a CABL co-founder.
“We also had the George Floyd incident that laid bare the challenges that people face, especially with respect to racism and other forms of racial discrimination. Much of the work he will be doing in his new position is administrative. He is personable and I believe he is the right choice at this time.”
Lincoln Alexander School of Law first-year student Dave D’Oyen was the Independent Street Checks Review Community Outreach & Consultation Adviser.
“Justice Tulloch encouraged me to pursue a career in law,” he said. “He impressed upon me the considerable societal impact that could be achieved through policing reform which was the focus of the Independent Police Oversight Review and the Independent Street Checks Review. He has a reputation for fairness, justice and an awareness of the challenges particular communities face. Those qualities earned him the trust and respect of consultation participants despite their positions on the issues. He is one of my mentors. Whenever we talk, he always reminds me to be disciplined, keep my head down and ignore the noise.”
Former CABL President Frank Walwyn said citizens benefit from a court that reflects the diversity of the community it serves.
“We now have a racialized immigrant to Canada as the President of the apex court in our province,” WeirFoulds LLP first Black staff lawyer and partner pointed out. “The message reflected in this appointment speaks volumes to all members of society and particularly to young people considering their future opportunities. The excitement that swept through our community at the news of this appointment and the overwhelming enthusiasm about the announcement that I have heard expressed are indicative of the promise Chief Justice Tulloch’s appointment brings to Ontarians as a whole.”
Walwyn said Tulloch has a deep understanding of what the public needs from its courts.
“He has served on all sides of the criminal justice system and has great familiarity with all aspects of the civil law,” he added. “When you couple his life experiences with his broad knowledge of the justice system and his appreciation and respect for the human condition, you have all the elements to make him the very effective Chief Justice that he will be.”
Arleen Huggins, a partner at Koskie Minsky LLP and head of the firm’s Employment Law Group, said the importance of Tulloch’s elevation cannot be understated.
“He serves the public not only as a Judge preserving the rule of law, but as someone who has a lived experience as a Black immigrant to Canada with an understanding of historical and current experiences which the Black community has endured,” said the 2016 Lexpert Zenith Award winner for excellence, action and thought leadership that help to advance diversity and inclusion in the legal profession and society. “He also has served as a role model to Black children and youth as to what is possible.
“Justice Tulloch has spoken on many occasions as to the importance of the public seeing judges from their own communities when coming to the Court. It is a crucial component of access to justice. We in the Black legal community and in the Black community generally welcome this important elevation and are watching for many more judicial appointments and elevations of Black judges in Ontario and across Canada.”
Tulloch and retired Central East Regional Senior Judge Gregory Regis were Crown Attorneys until Regis’ appointment to the Ontario Court in January 1999. He also was a Jane-Finch Community Legal Aid Clinic (JFCLSC) Board Director at the same time that Regis was the Executive Director.
“This appointment demonstrates that Canada is serious about transforming itself into the multicultural society which it aspires to be,” said Regis. “The court, like all institutions in Canada, must reform to serve the needs of a changing Ontario and Canada.
“Justice Tulloch possesses the right skills and experience to lead the court in shaping its direction at this crucial time. He is a bridge-builder who gets along with people. His judicial career shows he has a strong intellect, relentless work ethic and empathy. He cares about people. He will bring these qualities to his new role as Chief Justice as he works to transform the court and ensure that it retains the respect of a changing Canadian society.”
Historian Dr. Sheldon Taylor was on the JFCLSC Board with Tulloch in the late 1980s.
“At the time, Michael was held in high regard by people like Roy McMurtry and Sheldon Levy,” said Taylor. “It was not obvious that he would become Chief Justice. But it was obvious he was climbing the ladder. He is very bright, astute, savvy and learned which is one of the keys because to hold the position he is now in requires a particular kind of leadership. To be Chief Justice, one has to have command not only of leadership, but an understanding of jurisprudence of the law. He has done all of this within one generation.”
Anxious to show his parents that leaving Jamaica was the right move, Tulloch completed high school at Central Peel Secondary where he was one of 18 alumni inducted into the school’s academic Hall of Fame in 2010 to mark its 50th anniversary, and graduated from Osgoode Hall Law School in 1989.
While in law school, he lectured at McLaughlin College and was a residence don tutor at Tatham Hall.
Appointed an Assistant Crown Attorney in 1991, Tulloch was one of three lawyers who, in that role, created and implemented a charge-screening strategy that is still used within the province’s criminal courts and other Canadian jurisdictions.
He spent eight years in private practice, specializing in criminal law until his elevation to the Bench in 2003. While in private practice, he was appointed a Special Prosecuting Agent with the Federal Department of Justice and he participated in myriad commissions, including the Ontario Government Review on Civilian Oversight on Policing, the Review of the Ontario Legal Aid Plan and the Criminal Code Review conducted by the Federal Attorney General and the Minister of Justice.
Murray Gold (l), then Chief Justice Warren Winkler, Justice Michael Tulloch and Andrew Alleyne at a Canadian Association of Black Lawyers event to celebrate Tulloch’s historic appointment to the Ontario Court of Appeal (Photo by Ron Fanfair)
In 2003, Tulloch was appointed a Superior Court of Justice judge, presiding in the Central West Ontario region. At the time, he was one of only three Black judges on any Supreme Court in Canada.
Nine years later, he made history as the first Black judge elevated to the Ontario Court of Appeal. He was the second Black justice to sit on an appellate court in Canada after the late Julius Isaac who was appointed Chief Justice of the Federal Court in 1991.
“As a lawyer and as a judge, I am inspired by my passion for justice and profound respect for the rule of law,” Tulloch, who studied Economics and Business as an undergraduate student at York University, said at the time. “I hold a belief that, with the desire to give back to our society and country, it is possible to make a difference in this world. The law really is an environment in which I can contribute to making Canada a better place. Specifically in public service as a Judge, a deep feeling of gratitude to Canada motivates me. I treasure Canadian values, systems and way of life and I am motivated by the belief that I can make a difference within my society and community.”
The brilliant jurist body of community service is extensive.
He is a Past President of the Caribbean & African Chamber of Commerce and a former member of the Urban Alliance on Race Relations, Tropicana Community Services Organization (TCSO), North York Chamber of Commerce, Ontario Legal Aid Area Committee, the Canadian Bar Association, the Criminal Lawyers Association, Osgoode Society on Canadian Legal History and the National Bar Association.
In addition, Tulloch and Rick Gosling co-founded the Second Chance Scholarship Foundation (SCSF) that provides scholarships for young people who have been in conflict with the law or who are from challenged neighbourhoods and are pursuing post-secondary education.
The organization has also set up culturally reflective libraries in all of the young offenders’ facilities in Ontario.
“Michael and I go way back to when he was a young lawyer,” recounted Gosling who established the Children’s Breakfast Clubs. “I met him through a mutual friend Charles Archibald and was immediately struck by how bright, articulate and caring he was. He understands the justice system and how important it is that the community see themselves in a position of influence. I hope his appointment will inspire more young Black youth to study law and have an impact in their communities.”
In 2013, then Osgoode Black Law Students Association co-chairs Camille Dunbar (l) & Oyinken Akinyele presented the Lincoln Alexander Award to Michael Tulloch (Photo by Ron Fanfair)
As a SCSF Patron and TCSO Board member at the same time with Tulloch, former Ontario government minister Mary Anne Chambers can attest to his commitment to youth, service and community.
“I have observed his longstanding leadership in supporting youth who have found themselves in conflict with the law through the Foundation where the focus is on providing opportunities to pursue post-secondary education as a path to a better future,” she said. “He hosted my granddaughter, Alexa, who was in Grade 8 at the time and had an interest in law, on a job-shadowing day at his Brampton court, allowing her to observe a hearing followed by him explaining what had transpired and what his next steps would be and wrapping up the experience with lunch.
“Before that, I had the privilege of observing him as the youth member on Tropicana’s Board when I served. That was young Michael absorbing all that he could while politely and thoughtfully making his own contributions on behalf of the community we were serving. These examples are why I know he is an inspired choice for the role of Chief Justice of Ontario. We will all be better for it.”
Actively engaged with post-secondary institutions in governance and academic roles, Tulloch serves as a Distinguished Fellow at the Munk School of Global Affairs & Public Policy at the University of Toronto and a Research Fellow at TMU Ted Rogers School of Management.
He holds honourary Doctor of Laws degrees from TMU and the University of Guelph, an honourary Doctor of Divinity degree from Tyndale University & Seminary and an honourary doctorate from the Law Society of Upper Canada.
In 2017, the University of the West Indies (UWI) honoured Tulloch with a Vice Chancellor’s Award at its eighth annual Toronto Benefit Awards.
Donette Chin-Loy Chang, a co-patron of the Benefit Awards, said the appointment is not surprising.
“Justice Tulloch has helmed several transformative initiatives nationally and internationally in the judicial area throughout his career and is a highly respected member of our legal community,” she said. “I am so proud of this son of the Jamaican soil. With my late husband G. Raymond Chang, we spent many hours discussing our beloved Toronto Metropolitan University alma mater from which Michael received an honourary doctorate and was a sessional lecturer, and issues pertaining to the Caribbean region, particularly Jamaica.”
