Marc Rosenberg (judge)

Marc Rosenberg (January 4, 1950 – August 27, 2015) was a Canadian lawyer and jurist who served as a justice of the Court of Appeal for Ontario from December 12, 1995 to March 5, 2014.

The Honourable Marc Rosenberg
Justice of the Court of Appeal for Ontario
In office December 12, 1995 – March 5, 2014
Succeeded by	Grant Huscroft
Personal details
Born	(1950-01-04)January 4, 1950 North York, Ontario
Died	August 27, 2015(2015-08-27) (aged 65) Toronto, Ontario
Cause of death	Brain tumour
Resting place	Pardes Shalom Cemetery, Maple, Ontario[1]
Nationality	Canadian
Spouse	Martha Rosenberg ​ ​ (m. 1971; died 2012)​ [2]
Domestic partner	Priscilla Platt[2]
Children	2
Education	University of Western Ontario Osgoode Hall Law School

Born in North York, Ontario, Rosenberg graduated from the University of Western Ontario in 1971, and earned an L.L.B. from Osgoode Hall Law School in 1974. He participated in a criminal law practice with Edward Greenspan until 1995, when he joined the Ministry of the Attorney General of Ontario as Assistant Deputy Attorney General, Public Law and Policy Division and Civil Law Division. Rosenberg was appointed to the Court of Appeal for Ontario in 1995 and authored over 2,500 judgements.^[3][2] During that time he was noted for significant contributes in international judicial education.^[4] He was diagnosed with brain cancer in 2014 and died in 2015.^[2]

Legal positions

Some of Justice Rosenberg's positions and academic contributions include:

• The positive impact of the Charter of Rights and Freedoms on Canadian criminal law^[5]
• Similar fact evidence in criminal law^[6]
• The possibility of eliminating plea bargains^[7]
• Arguing the justice system had fallen into a state of disrepair due in part to mandatory minimum sentences^[2]

Notable cases

Justice Rosenberg authored decisions on:

• Medical marijuana^[2]
• Overturning the conviction of Stephen Truscott^[2]

Awards

• G. Arthur Martin medal for outstanding contribution to criminal justice, 2009^[8]

References

1. "Marc Rosenberg". Benjamin's Park Memorial Chapel. Retrieved 18 October 2019.
2. Makin, Kirk (September 4, 2015). "Supreme Ontario appeals Justice Marc Rosenberg never sat on top court". The Globe and Mail. Archived from the original on October 24, 2015.
3. "Court of Appeal for Ontario Annual Report 2009" (PDF). Legislative Assembly of Ontario. Queen's Printer for Ontario. 2009. Retrieved 18 October 2019.
4. "Marc Rosenberg remembered for his big smile, brilliant mind, and love of teaching | Canadian Lawyer Mag". www.canadianlawyermag.com. Retrieved 2019-06-19.
5. "Twenty-Five Years Later: The Impact of the Canadian Charter of Rights and Freedoms on the Criminal Law". www.ontariocourts.ca. Retrieved 2019-06-19.
6. "Evidence. Similar Facts and Occurrences. Other Criminal Acts Tending to Prove the Act Charged". Harvard Law Review. 27 (8): 762–763. June 1914. doi:10.2307/1326666. ISSN 0017-811X. JSTOR 1326666.
7. "Top jurist urges review of 'coercive' plea bargaining system". Retrieved 2019-06-19.
8. Criminal Lawyers Association website