Mahmud Jamal (born 1967) is a Canadian jurist serving as a
puisne justice
A puisne judge or puisne justice (; from french: puisné or ; , 'since, later' + , 'born', i.e. 'junior') is a dated term for an ordinary judge or a judge of lesser rank of a particular court. Use
The term is used almost exclusively in common law ...
of the
Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
since 2021. Jamal worked as a partner at
Osler, Hoskin & Harcourt
Osler, Hoskin & Harcourt LLP is a Canadian-based law firm founded in 1862. Osler is considered one of the Seven Sisters (law firms), a historical collection of seven law firms with offices in Toronto, Ontario.
History
The firm was founded in ...
and taught law at
McGill University
McGill University (french: link=no, Université McGill) is an English-language public research university located in Montreal, Quebec, Canada. Founded in 1821 by royal charter granted by King George IV,Frost, Stanley Brice. ''McGill Universit ...
and
Osgoode Hall Law School
Osgoode Hall Law School, commonly shortened to Osgoode, is the law school of York University in Toronto, Ontario, Canada.
The law school is home to the Law Commission of Ontario, the Journal of Law and Social Policy, and the ''Osgoode Hall La ...
before he was appointed to the
Court of Appeal for Ontario
The Court of Appeal for Ontario (frequently referred to as the Ontario Court of Appeal or ONCA) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto, also the seat of the Law Societ ...
in 2019. He was nominated to the
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
on June 17, 2021, taking office on July 1 to succeed
Rosalie Abella
Rosalie Silberman Abella (born July 1, 1946) is a Canadian jurist. In 2004, Abella was appointed to the Supreme Court of Canada, becoming the first Jewish woman and refugee to sit on the Canadian Supreme Court bench. She retired from the fede ...
. Jamal was born in
Kenya
)
, national_anthem = "Ee Mungu Nguvu Yetu"()
, image_map =
, map_caption =
, image_map2 =
, capital = Nairobi
, coordinates =
, largest_city = Nairobi
, ...
to a family of
South Asia
South Asia is the southern subregion of Asia, which is defined in both geographical and ethno-cultural terms. The region consists of the countries of Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, and Sri Lanka.;;;;;;;; ...
n origin, making him the first person from a
visible minority group to serve as a justice of the Supreme Court.
Early life and education
Mahmud Jamal was born in 1967 in
Nairobi
Nairobi ( ) is the capital and largest city of Kenya. The name is derived from the Maasai phrase ''Enkare Nairobi'', which translates to "place of cool waters", a reference to the Nairobi River which flows through the city. The city proper ha ...
, Kenya, to an
Isma'ili
Isma'ilism ( ar, الإسماعيلية, al-ʾIsmāʿīlīyah) is a branch or sub-sect of Shia Islam. The Isma'ili () get their name from their acceptance of Imam Isma'il ibn Jafar as the appointed spiritual successor ( imām) to Ja'far al- ...
family which had originally immigrated in the 19th century from
Gujarat
Gujarat (, ) is a state along the western coast of India. Its coastline of about is the longest in the country, most of which lies on the Kathiawar peninsula. Gujarat is the fifth-largest Indian state by area, covering some ; and the ninth ...
,
British India
The provinces of India, earlier presidencies of British India and still earlier, presidency towns, were the administrative divisions of British governance on the Indian subcontinent. Collectively, they have been called British India. In one ...
, to East Africa during a railway construction boom.
His family moved to
England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
in 1969.
In 1981, his family moved again, immigrating to Canada, settling in
Edmonton, Alberta
Edmonton ( ) is the capital city of the Canadian province of Alberta. Edmonton is situated on the North Saskatchewan River and is the centre of the Edmonton Metropolitan Region, which is surrounded by Alberta's central region. The city anchor ...
, where he graduated from
Ross Sheppard High School
Ross Sheppard High School or École Ross Sheppard (SHEP or Ross Shep) is a high school located in a northwest neighbourhood of Coronation Park, in Edmonton, Alberta, Canada. The school colours are Colombia blue and navy blue, and it is represent ...
.
In 1984, Jamal studied at the
London School of Economics
, mottoeng = To understand the causes of things
, established =
, type = Public research university
, endowment = £240.8 million (2021)
, budget = £391.1 millio ...
for a year and earned a
bachelor of arts
Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four years ...
(B.A.) in
economics
Economics () is the social science that studies the Production (economics), production, distribution (economics), distribution, and Consumption (economics), consumption of goods and services.
Economics focuses on the behaviour and intera ...
from
Trinity College Trinity College may refer to:
Australia
* Trinity Anglican College, an Anglican coeducational primary and secondary school in , New South Wales
* Trinity Catholic College, Auburn, a coeducational school in the inner-western suburbs of Sydney, New ...
at the
University of Toronto
The University of Toronto (UToronto or U of T) is a public research university in Toronto, Ontario, Canada, located on the grounds that surround Queen's Park. It was founded by royal charter in 1827 as King's College, the first institution ...
in 1989.
Legal education
After his undergraduate education, Jamal attended the
McGill University Faculty of Law
The Faculty of Law is one of the professional graduate schools of McGill University in Montreal, Quebec, Canada. It is the oldest law school in Canada, and continually ranks among the best law schools in the world. The faculty is known for it ...
, graduating with a
bachelor of laws
Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Chi ...
(LL.B.) and
bachelor of civil law
Bachelor of Civil Law (abbreviated BCL, or B.C.L.; la, Baccalaureus Civilis Legis) is the name of various degrees in law conferred by English-language universities. The BCL originated as a postgraduate degree in the universities of Oxford and Camb ...
(B.C.L.) in 1993.
Jamal then earned a
master of laws
A Master of Laws (M.L. or LL.M.; Latin: ' or ') is an advanced postgraduate academic degree, pursued by those either holding an undergraduate academic law degree, a professional law degree, or an undergraduate degree in a related subject. In mos ...
(LL.M.) from
Yale Law School
Yale Law School (Yale Law or YLS) is the law school of Yale University, a Private university, private research university in New Haven, Connecticut. It was established in 1824 and has been ranked as the best law school in the United States by ''U ...
in 1994,
which he attended as a
Fulbright scholar
The Fulbright Program, including the Fulbright–Hays Program, is one of several United States Cultural Exchange Programs with the goal of improving intercultural relations, cultural diplomacy, and intercultural competence between the people of ...
.
Legal career
Jamal completed a
clerkship at
Quebec Court of Appeal
The Court of Appeal of Quebec (sometimes referred to as Quebec Court of Appeal or QCA) (in French: ''la Cour d'appel du Québec'') is the highest judicial court in Quebec, Canada. It hears cases in Quebec City and Montreal.
History
The Court wa ...
working for Justice Melvin Rothman and another at the
Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
, working for Justice
Charles Gonthier
Charles Doherty Gonthier, (August 1, 1928 – July 16, 2009) was a Puisne judge on the Supreme Court of Canada from February 1, 1989 to August 1, 2003. He was replaced by Morris Fish.
Early life
Gonthier was born in Montreal, Quebec to Ge ...
.
Jamal was called to the
Bar of Ontario
The Law Society of Ontario (LSO; french: Barreau de l'Ontario) is the law society responsible for the self-regulation of lawyers and paralegals in the Provinces and territories of Canada, Canadian province of Ontario. Founded in 1797 as the Law ...
in 1996, and started working as a
litigator
-
A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
at
Osler, Hoskin & Harcourt
Osler, Hoskin & Harcourt LLP is a Canadian-based law firm founded in 1862. Osler is considered one of the Seven Sisters (law firms), a historical collection of seven law firms with offices in Toronto, Ontario.
History
The firm was founded in ...
the same year. In 2001, he became a
partner
Partner, Partners, The Partner, or, The Partners may refer to:
Books
* ''The Partner'' (Grisham novel), by John Grisham, 1997
* ''The Partner'' (Jenaro Prieto novel), 1928
* ''The Partners'' (book), a 1983 book by James B. Stewart
* ''Partner'' (m ...
at the firm, with his practice focusing on
class actions
A class action, also known as a class-action lawsuit, class suit, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of that group. The class action ...
and
competition law
Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust l ...
. Before his appointment to the bench in 2019, Jamal was on the partnership board at Osler, and was chair of its
pro bono
( en, 'for the public good'), usually shortened to , is a Latin phrase for professional work undertaken voluntarily and without payment. In the United States, the term typically refers to provision of legal services by legal professionals for pe ...
program. He had appeared in 35 appeals before the Supreme Court, in addition to appearances to lower courts and tribunals.
In 2009, Jamal represented
Imperial Oil
Imperial Oil Limited (French: ''Compagnie Pétrolière Impériale Ltée'') is a Canadian petroleum company. It is Canada's second-biggest integrated oil company. It is majority owned by American oil company ExxonMobil with around 69.6 percent ...
in a Financial Services Tribunal case fighting a
Financial Services Commission of Ontario
The Financial Services Regulatory Authority of Ontario (FSRA; french: Autorité ontarienne de réglementation des services financiers) is a self-funding Crown agency which acts as the financial regulator for the province of Ontario, Canada. Esta ...
order for the company to restructure its
pension fund
A pension fund, also known as a superannuation fund in some countries, is any plan, fund, or scheme which provides retirement income.
Pension funds typically have large amounts of money to invest and are the major investors in listed and priva ...
in a manner that would cost
CA$
The Canadian dollar (symbol: $; code: CAD; french: dollar canadien) is the currency of Canada. It is abbreviated with the dollar sign $, there is no standard disambiguating form, but the abbreviation Can$ is often suggested by notable style g ...
16.5 million to set up and $65 million to back. Jamal represented
KPMG
KPMG International Limited (or simply KPMG) is a multinational professional services network, and one of the Big Four accounting organizations.
Headquartered in Amstelveen, Netherlands, although incorporated in London, England, KPMG is a net ...
, which was then in court over its offshore
tax avoidance
Tax avoidance is the legal usage of the tax regime in a single territory to one's own advantage to reduce the amount of tax that is payable by means that are within the law. A tax shelter is one type of tax avoidance, and tax havens are jurisdict ...
scheme for
high-net-worth individuals
High-net-worth individual (HNWI) is a term used by some segments of the financial services industry to designate persons whose investible wealth (assets such as stocks and bonds) exceeds a given amount. Typically, these individuals are defined ...
involving
shell corporations in the
Isle of Man
)
, anthem = "O Land of Our Birth"
, image = Isle of Man by Sentinel-2.jpg
, image_map = Europe-Isle_of_Man.svg
, mapsize =
, map_alt = Location of the Isle of Man in Europe
, map_caption = Location of the Isle of Man (green)
in Europe ...
. In 2016, because of ongoing litigation, Jamal wrote a letter to the
House of Commons Standing Committee on Finance, requesting that specifics of the case not be discussed so that it would not prejudice the ongoing case. In response, chair
Wayne Easter
Wayne Easter (born June 22, 1949) is a former Canadian politician who represented the riding of Malpeque, Prince Edward Island from 1993 to 2021.
Before politics
Born in North Wiltshire, Prince Edward Island, the son of A. Leith Easter and H ...
imposed a
gag order
A gag order (also known as a gagging order or suppression order) is an order, typically a legal order by a court or government, restricting information or comment from being made public or passed onto any unauthorized third party. The phrase may ...
, and expert witnesses were not allowed to talk about KPMG in the next committee session.
Jamal also taught as professor of
constitutional law
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a State (polity), state, namely, the executive (government), executive, the parliament or legislature, and the judiciary; as well as th ...
at McGill University and
administrative law
Administrative law is the division of law that governs the activities of government agency, executive branch agencies of Forms of government, government. Administrative law concerns executive branch rule making (executive branch rules are gener ...
at Osgoode Hall Law School.
He has served stints as a director of the
Canadian Civil Liberties Association
The Canadian Civil Liberties Association (CCLA; french: Association Canadienne des Libertés Civiles) is a nonprofit organization in Canada devoted to the defence of civil liberties and constitutional rights.Dominique ClementCase Study: Canadian ...
, the Advocates' Society, and the Osgoode Society for Canadian Legal History.
Jamal has also been a member of the Supreme Court Advocacy Institute and has served as a trustee for the Canadian Business Law Journal.
On June 24, 2019, Jamal was appointed to the
Court of Appeal for Ontario
The Court of Appeal for Ontario (frequently referred to as the Ontario Court of Appeal or ONCA) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto, also the seat of the Law Societ ...
on the
advice
Advice (noun) or advise (verb) may refer to:
* Advice (opinion), an opinion or recommendation offered as a guide to action, conduct
* Advice (constitutional law) a frequently binding instruction issued to a constitutional office-holder
* Advice (p ...
of
Justin Trudeau
Justin Pierre James Trudeau ( , ; born December 25, 1971) is a Canadian politician who is the 23rd and current prime minister of Canada. He has served as the prime minister of Canada since 2015 and as the leader of the Liberal Party since 2 ...
to replace Justice
Gladys Pardu, who became a
supernumerary judge.
Supreme Court
On June 17, 2021, he was
nominated
A candidate, or nominee, is the prospective recipient of an award or honor, or a person seeking or being considered for some kind of position; for example:
* to be elected to an office — in this case a candidate selection procedure occurs.
* ...
by Prime Minister Justin Trudeau to the
Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
, replacing
Rosalie Abella
Rosalie Silberman Abella (born July 1, 1946) is a Canadian jurist. In 2004, Abella was appointed to the Supreme Court of Canada, becoming the first Jewish woman and refugee to sit on the Canadian Supreme Court bench. She retired from the fede ...
, who turned 75 – the mandatory age of retirement for justices on the top court – on July 1, 2021.
On that day, Jamal was sworn in as a puisne justice of the Supreme Court by Chief Justice
Richard Wagner
Wilhelm Richard Wagner ( ; ; 22 May 181313 February 1883) was a German composer, theatre director, polemicist, and conductor who is chiefly known for his operas (or, as some of his mature works were later known, "music dramas"). Unlike most op ...
who was also acting as the
administrator of the Government of Canada
The administrator of the Government of Canada () is the title used by the individual performing the duties of Governor General of Canada – the federal viceregal representative – while the office is vacant or its incumbent is otherwise unable ...
. A public ceremony is being planned for winter of 2022. He is the first person from a
visible minority
A visible minority () is defined by the Government of Canada as "persons, other than aboriginal peoples, who are non-Caucasian in race or non-white in colour". The term is used primarily as a demographic category by Statistics Canada, in connect ...
group and the first
Bahá’í to sit on the country's top court.
Personal life
Jamal speaks English and French fluently. Originally an Isma'ili Muslim, he became a member of the
Baháʼí Faith
The Baháʼí Faith is a religion founded in the 19th century that teaches the Baháʼí Faith and the unity of religion, essential worth of all religions and Baháʼí Faith and the unity of humanity, the unity of all people. Established by ...
. He married his wife, Goleta (a refugee from Iran),
with whom he has two children.
References
External links
Mahmud Jamal's Supreme Court of Canada application questionnaire
{{DEFAULTSORT:Jamal, Mahmud
Living people
Justices of the Supreme Court of Canada
Justices of the Court of Appeal for Ontario
21st-century Canadian judges
1967 births
Converts to the Bahá'í Faith from Islam
Canadian people of Indian descent
Canadian people of Gujarati descent
Khoja Ismailism