Tracey Bailey

Tracey Bailey

Justice Tracey M. Bailey was appointed to the ß÷ßäÉçÇø Court of Justice in May 2025. As a member of the Family and Youth Division, she hears matters in the areas of child protection, youth criminal justice, family law and emergency applications.

Prior to her appointment, Justice Bailey was a partner with Miller Thomson LLP where she advised health system and health professional clients. She was recognized by the Canadian LExpert Directory in Life Sciences & Health from 2023 until her appointment in 2025. She had worked in and provided legal, legislative, policy and ethics advice on a wide range of issues in health law for more than 30 years in both private and public practice settings.

She started her career in private practice and subsequently worked at the Faculty of Law at the ß÷ßäÉçÇø in an academic position and as Executive Director of the Health Law Institute. In that position, she oversaw and conducted a wide range of legal and law reform projects, working locally, provincially, nationally and internationally on a broad range of issues in health law. She was an editor of a peer-reviewed publication, taught extensively in the health professional faculties and the law faculty, published on a wide range of topics, and worked for governments and non-governmental organizations on a variety of projects.  She also conducted media interviews, organized national health law conferences and provided outreach education for the public and others.

In early 2013, she began practicing law with ß÷ßäÉçÇø Justice and Solicitor General’s health law team as its Assistant Director.  She was promoted in 2014 to Director of the health law team and Corporate Counsel for ß÷ßäÉçÇø Health, serving on that department’s executive team. She was subsequently appointed General Counsel, Health Law and acted as a senior legal advisor for government, providing advice on numerous complex files to senior officials and public servants. She was the lead lawyer on many such files, with a focus on opinion work and legislation. Areas of advice covered numerous issues and included health system governance, the provision of health services, the regulation of health professionals, public health, mental health and the handling of health information.

She was appointed Queen’s counsel in 2020. In addition to her practice at Miller Thomson LLP, she continued to teach, publish and support other initiatives in the health law area, including a course on the regulation of health professionals in the LLM program for Osgoode Hall Law School’s Professional Development Program. She has given over 400 invited lectures. She is the senior editor of and a contributor to Public Health Law and Policy in Canada, the first Canadian text on public health and the law, now in its 4th edition.

She is an honourary executive member of the Canadian Bar Association’s national health law section and an Associate Adjunct Professor with the John Dossetor Health Ethics Centre in the Faculty of Medicine and Dentistry at the ß÷ßäÉçÇø.