Bradley W. Miller Explained

Bradley W. Miller is a Canadian jurist who is a justice of the Court of Appeal for Ontario.

Miller graduated from the University of British Columbia with a Bachelor of Commerce and a Bachelor of Laws in 1992. He received an LLM from the University of Edinburgh in 1994 and a DPhil in law from the University of Oxford in 2004.^[1] Between 1994 and 2011, he practised law at Miller Thomson and at other firms in Toronto and Port Coquitlam, British Columbia. He was a professor at the University of Western Ontario Faculty of Law from 2005 until his appointment to the Ontario Superior Court of Justice on January 16, 2015.

Miller was elevated to the Court of Appeal for Ontario on June 26, 2015, replacing Gloria Epstein,^{[2] [3]} after spending six months as a justice of the Superior Court.^[4], he had written no published opinions as a Superior Court judge.

, Miller endorsed originalism, a theory of constitutional adjudication according to which constitutions should be interpreted according to the intent of their drafters.^[5] He also opposed same-sex marriage as of that date.

Miller wrote the majority judgment in Toronto (City) v Ontario (Attorney General) when it came before the Court of Appeal in September 2019.^[6] In July 2020, he wrote a long dissent to the majority's holding in a Charter challenge to amendments to the Criminal Code involving conditional sentences as applied to Indigenous offenders.^[7] Miller also dissented in a case involving the legal test for a finding of racial profiling which came before the Court of Appeal in May 2021.^[8]

Notes and References

1. Web site: 2014-12-16. Ontario Judicial Appointments Announced. live. 2021-10-02. Department of Justice. September 10, 2021. https://web.archive.org/web/20210910220626/https://www.justice.gc.ca/eng/news-nouv/ja-nj/2014/doc_33091.html.
2. Web site: Taddese. Yamri. 2015-06-24. Controversial judicial appointment in Ontario. live. 2021-10-03. Canadian Lawyer. en. October 3, 2021. https://web.archive.org/web/20211003045935/https://www.canadianlawyermag.com/news/general/controversial-judicial-appointment-in-ontario/273263.
3. Web site: 2015-06-26. Ontario Judicial Appointments Announced. live. 2021-10-03. Department of Justice. March 2, 2021. https://web.archive.org/web/20210302143148/https://www.canada.ca/en/news/archive/2015/06/ontario-judicial-appointments-announced.html.
4. News: Fine. Sean. 2015-06-24. Another critic of gay marriage ascends to Ontario’s highest court. en-CA. The Globe and Mail. 2021-10-02. November 8, 2020. https://web.archive.org/web/20201108134802/http://www.theglobeandmail.com/news/national/another-critic-of-gay-marriage-ascends-to-ontarios-highest-court/article25086352/. live.
5. Web site: Kirbyson. Geoff. 2015-07-02. Miller promotion to appeal court 'not a good sign': Lawyer. live. 2021-10-02. The Lawyer's Daily. en. October 1, 2020. https://web.archive.org/web/20201001023822/https://www.thelawyersdaily.ca/articles/2324/miller-promotion-to-appeal-court-not-a-good-sign-lawyer.
6. Web site: Wilson. Codi. 2019-09-19. Court of Appeal dismisses city's constitutional challenge of Ford's cut to size of council. live. 2021-10-02. CP24. en. September 25, 2019. https://web.archive.org/web/20190925111955/https://www.cp24.com/news/court-of-appeal-dismisses-city-s-constitutional-challenge-of-ford-s-cut-to-size-of-council-1.4600760.
7. News: Perkel. Colin. 2020-07-24. Law barring conditional sentences for some offences is unconstitutional, court rules. CBC News. 2021-10-02. August 15, 2021. https://web.archive.org/web/20210815084124/https://www.cbc.ca/news/politics/gladue-sentence-unconstitutional-1.5662187. live.
8. Web site: Macnab. Aidan. 2021-05-21. Ruling affirms racial profiling can be result of a police officer's unconscious bias: lawyers. live. 2021-10-02. Law Times. en. May 19, 2021. https://web.archive.org/web/20210519182332/https://www.lawtimesnews.com/practice-areas/litigation/ruling-affirms-racial-profiling-can-be-result-of-a-police-officers-unconscious-bias-lawyers/356057.