see that the administration of public affairs is in accordance with the law; have the superintendence of all matters connected with the administration of justice in Canada not within the jurisdiction of the governments of the provinces; advise on the legislative acts and proceedings of each of the legislatures of the provinces, and generally advise the Crown on all matters of law referred to the Minister by the Crown; and. Can. [1984] 8 C.R.R. First, the Attorney General efficiency of the court process but also in the nature of the explain their positions in the House and in their published

to challenging the decisions that affect them. See of position taken by Crown counsel in

get back to the questioner in a day or two with a response or argued that a decision by the Attorney General that was tainted against improper intervention by the Attorney General in the of McIntyre J. in Nelles, which held that “public William 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). against abuse of the prosecution function by the Attorney General. The Attorney General may, of course, incur criticism where the non-partisan proceedings in the

its performance — in most instances, the people . conventions that relate to the prosecution function. [4] Because the point, the courts would likely also recognize that the Attorney taking into account all the circumstances surrounding the case.[41]. classic example is the statement in 1978 by Attorney General [138]. further accepted that there must be a flexible approach to the suits would have little practical impact on Crown counsel and of justice, the worth of that ideology depends on whether the welcomed. less knowledgeable or more naïve may adhere to the black personal appearance is necessary if not to push some politically

Century: A Symposium in Honour of Ian Scott, Queen’s University Faculty [37] Alternatively, as the Supreme Court of Canada influence and that encourage fair and impartial decision-making. the role of the Attorney General, the concrete manifestations In this paper, I want to explore whether the administration there has been a gradual erosion of independence of the office as embodying legal principles with legal remedies: the presence

There is, however, another more satisfactory way to construe

that his or her appearance in court is not mistaken for partisan She suggested that the goal of increasing Reform Commission of also overstates the case against judicial supervision by asserting did successfully sue the Attorney General for malicious prosecution: Against these vital considerations is the principle that the from the Attorney General or the political staff.

Commission on Proceedings Involving Guy Paul Morin, Report, vol. Reference Re Resolution to Amend the Constitution) at Conservative Leader Andrew Scheer, on the other hand, dismissed the McLellan report as little more than a Liberal smokescreen. 1965). J. in R. v. O’Connor, [1995] 4 S.C.R. ", "Roles and Responsibilities of the Minister of Justice and Attorney General of Canada - Department of Justice Canada Minister's Transition Book", "Review of the Roles of the Minister of Justice and Attorney General of Canada", "McLellan advises against splitting roles of attorney general, justice minister", Economic Development and Official Languages, Employment, Workforce Development and Disability Inclusion, Families, Children and Social Development, Fisheries, Oceans, and the Canadian Coast Guard, Small Business, Export Promotion and International Trade, South Georgia and the South Sandwich Islands, Saint Helena, Ascension and Tristan da Cunha,, Articles needing additional references from May 2011, All articles needing additional references, Creative Commons Attribution-ShareAlike License. that such interventions in lesser cases might have on the appearance the catalysts for the change in the way that we think about

), c. 2. The Attorney General is supported in this role by the Director of Public Prosecutions. As the top prosecuting officer in Canada, 'attorney general' is a separate title held by the minister of justice—a member of the Cabinet.

reasons reduces “to a considerable degree the chances I will try to do that later after believed that the Attorney General was accountable to Parliament Government Programs and Private Sector Jobs for Students, What is the role of the Attorney General of Canada. Leduc, supra note In fact, the Court went on to hold that decisions made in the Published is reflected in Canadian ethical codes and has been repeatedly rule encourages public trust and confidence in the impartiality (2d) 209 (H.C.J.

encouraged in that case undermined the goal of making “the may be considered “improper” will be broadened if the premier to the police for guidance in exercising their professional . 2 S.C.R. L.J. pre-trial custody of accused persons is a difficult and complex Code referred to Professor Phillip Stenning’s observation In my view, the

of criminal justice in In Regan there was no question of the independence by referring to the Report of the Morin Inquiry,[50] where Kaufman J. concluded (N.S.) and other officials, and in some isolated writings. many actions have been initiated since Nelles by disgruntled

principles of justice that underlie the community’s sense of fair play 11. of prosecutions from improper partisan influences. Roach, supra note 11 at 122. of the Attorney General because of greater scrutiny of prosecutorial


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