Department of Justice Canada Minister's Transition Book

Roles and Responsibilities of the Minister of Justice and Attorney General of Canada

Dual Role: Minister of Justice and Attorney General

The Department was officially established upon the adoption of the Department of Justice Act in 1868, with Sir John A. Macdonald presiding as the first Minister of Justice and Attorney General. The Act stipulates that the Minister of Justice is responsible for the management and direction of the Department, and is also ex officio Her Majesty’s Attorney General of Canada.

The Department supports the Minister in both of these roles.

The Department of Justice Act is attached at Tab 9.

The Minister of Justice has lead responsibility for 46 Acts of Parliament and shared responsibility for another 6 Acts (attached at Tab 9) and areas of federal law by ensuring a bilingual and bijural national legal framework. The responsibilities include a number of legal policy areas, such as criminal justice (including youth criminal justice), family law, access to justice, Aboriginal justice, public law, and private international law.

The Attorney General protects the interests of the Crown by litigating on behalf of the Crown and by providing legal advice to the Government, departments and agencies of government.

Most prosecution functions of the Attorney General have been assigned to an independent organization, the Public Prosecution Service of Canada, established in 2006. The Attorney General is supported in this role by the Director of Public Prosecutions.

The Director of Public Prosecutions Act is attached at Tab 10.

Minister of Justice

Under section 4 of the Department of Justice Act, the Minister is the legal advisor to the Government and shall:

Responsibilities

The Minister of Justice is responsible for matters connected with the administration of justice that fall within federal jurisdiction and fulfils this responsibility by developing policies, laws, and programs to strengthen the national framework. There is considerable collaboration with the provinces and territories with respect to policy development and provision of services including young offenders’ services, legal aid, Aboriginal courtworkers, family maintenance enforcement, and public legal education and information. 

The Minister of Justice is often called upon to take the lead on a large number of private members’ bills and motions. 

Criminal Conviction Review

The Criminal Code, sections 696.1–696.6, gives the Minister of Justice the power to review a conviction to determine whether there may have been a miscarriage of justice. This power has been part of Canada’s justice system since the original Criminal Code of 1892.

Extradition And Mutual Legal Assistance

Section 7 of the Extradition Act and the Mutual Legal Assistance in Criminal Matters Act states that the Minister of Justice is responsible for the administration of these acts and the implementation of any treaties entered into under them.

Legislative Services

Under section 4.1 of the Department of Justice Act, the Minister shall, in accordance with such regulations as may be prescribed by the Governor in Council, examine every regulation transmitted to the Clerk of the Privy Council for registration pursuant to the Statutory Instruments Act and every bill introduced in or presented to the House of Commons by a minister of the Crown, in order to ascertain whether any of the provisions thereof are inconsistent with the purposes and provisions of the Canadian Charter of Rights and Freedoms and the Minister shall report any such inconsistency to the House of Commons at the first convenient opportunity. No such reports to the House have been necessary to date.

Justice Portfolio

The Minister of Justice has various responsibilities with regard to a number of independent organizations, referred to collectively as the Justice Portfolio (see Tab 5 for more details).

Attorney General

Under section 5 of the Department of Justice Act, the Attorney General of Canada is the chief law officer of the Crown and as such:

Responsibilities
Legal Services to Government

The Attorney General provides legal services to the government and its departments and agencies. These services include the provision of legal advice, the conduct of litigation and the drafting of legislation and regulations.

While client departments generally provide instructions to the Attorney General in civil litigation matters, the Attorney General represents the Crown and not individual departments or agencies. Therefore, the Attorney General seeks to protect interests for the whole of government when providing legal advice and conducting litigation.