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. [1] 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. [1]
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] As of June 2015 [update] , he had written no published opinions as a Superior Court judge. [4]
As of 2015 [update] , Miller endorsed originalism, a theory of constitutional adjudication according to which constitutions should be interpreted according to the intent of their drafters. [4] [5] He also opposed same-sex marriage as of that date. [4] [5]
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]