how the attorney general of canada

by Thelma Sauer 7 min read

The attorney general is supported in this role by the director of public prosecutions.)
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Minister of Justice and Attorney General of Canada.
Minister of Justice Attorney General of Canada
Ministre de la Justice procureur général du Canada
Incumbent David Lametti since January 14, 2019
Department of Justice
StyleThe Honourable
9 more rows

What is the Office of the Attorney General of Canada?

In all provinces, the office of the attorney general is established under the authority of s92 (14) of the Constitution Act of 1867, which gives the provincial legislatures authority over "the administration of justice."

Is the Attorney General the same as the Minister of Justice?

Attorney General. However, the attorney general of a province may be formally designated as the attorney general or as the provincial minister of justice (as in Québec, for example) or both. Federally the attorney general is both the attorney general of Canada and the minister of justice of Canada.

Who is the current Minister of Justice of Canada?

Prior to starting his doctoral studies in law, he served as a Law Clerk to Justice Peter deCarteret Cory of the Supreme Court of Canada. Minister Lametti served as a parliamentary secretary from 2015 until 2019, when he was appointed Minister of Justice and Attorney General of Canada.

What is the job description of the Attorney General?

In the federal government of the United States, the Attorney General is a member of the Cabinet and, as head of the Department of Justice, is the top law enforcement officer and lawyer for the government.

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Is Attorney General a powerful position?

The attorney general wields a huge amount of power and resources to influence legal enforcement in California, both through the courts and policing.

Does the Attorney General have to be a lawyer Canada?

Yes, this individual does provide independent legal advice to Cabinet and even the legislature, and theoretically can do so without being a lawyer.

Who is the new Minister of Justice in Canada?

The Honourable David Lametti was first elected in 2015 as the Member of Parliament for LaSalle—Émard—Verdun. He has served as Minister of Justice and Attorney General of Canada since 2019. A proud resident of Montréal for over 30 years, Minister Lametti was born and raised in Port Colborne, Ontario.

Are there attorney generals in Canada?

Minister Lametti served as a parliamentary secretary from 2015 until 2019, when he was appointed Minister of Justice and Attorney General of Canada.

Who is above the law in Canada?

The rule of law means that no one is above the law. Everyone — including politicians, police officers, and wealthy individuals — must obey the law. All Canadians must respect the law even if they disagree with it.

Who does the Attorney General report to Canada?

Parliament Prime MinisterMinister of Justice and Attorney General of CanadaMinister of Justice Attorney General of CanadaMember ofParliament Privy Council CabinetReports toParliament Prime MinisterAppointerMonarch (represented by the governor general); on the advice of the prime ministerTerm lengthAt His Majesty's pleasure9 more rows

Is the Minister of Justice the same as Attorney General?

[5] In essence, the MOJ is a Cabinet minister and must take in to account partisan plans for policy development; the AG is intended to be an impartial law officer of the Crown.

Who is the Minister of Justice in Canada 2022?

Justice Chang replaces Justice D.F. Fitzpatrick (Milton), who resigned effective April 4, 2022.

Who is the Deputy Attorney General of Canada?

A. François DaigleDepartment of Justice (Canada)Department overviewDepartment executiveA. François Daigle, Deputy Minister of Justice and Deputy Attorney General of CanadaChild DepartmentPublic Prosecution Service of CanadaWebsitecanada.justice.gc.ca7 more rows

What is the role of Attorney General?

(1) The Attorney-General, as the principal legal adviser, shall tender legal advice and opinion to the National Executive following a request to do so and shall of his own initiative give such advice where it appears to him necessary or appropriate for legal advice to be given on a matter.

What is the work of Attorney General?

Being the highest law officer of the country, it is the duty of the attorney general to advise the government on legal matters that are referred to him by the president. He is also duty-bound to undertake any responsibilities of duties of legal character that are assigned to him by the president.

How do I contact the Attorney General of Canada?

Contact usTwitter.Contact form.Serving documents on the Crown in a civil case.Tel : 416-326-2220.Toll-free: 1-800-518-7901.Fax: 416-326-4007 (General Inquiries)Fax: 416-326-4015 (Notice of Constitutional Question only)TTY : 416-326-4012.More items...•

Can a non lawyer own a law firm in Canada?

The vast majority of Canadian and US jurisdictions, with the exception of Washington in the District of Columbia, also prohibit non-lawyers from owning or investing in law firms, or other entities in the business of providing regulated legal services.

Can you go to law school without a degree in Canada?

In Canada, the first-level common law degree is the Juris Doctor or JD, which takes three years to complete. It is an undergraduate degree program, and not a graduate degree program, even though prior undergraduate education is required for entry. The first year of law school is similar at most Canadian law schools.

What is the role of the attorney general?

[48] The common law functions of the Attorney-General include power to initiate and terminate criminal prosecutions, power to grant immunity from prosecution, advising on the grant of pardons, issuing fiats in relator actions, instituting contempt of court proceedings, appearing as amicus curiae in matters of public ...

What is the cheapest law school in Canada?

Cheapest Law Colleges in CanadaBrandon University.Université de Saint-Boniface.Dominican University College.Canadian Mennonite University.The Memorial University of Newfoundland.University of Northern British Columbia.The University of Calgary.The University of Saskatchewan.More items...

What is the role of the Attorney General?

In that capacity, the attorney general is responsible for the conduct of prosecutions of offences on behalf of the Crown and serves as solicitor to the Crown in respect of any civil matters.

When did Alberta merge with the Attorney General?

In Alberta, in 1993 , the functions of the offices of the attorney general and those of the office of the solicitor general were merged and incorporated into a new office of the provincial minister of justice.

Which charter of rights and freedoms test the independence of provincial court judges and justices of the peace?

Recently, some cases have arisen under the Canadian Charter of Rights and Freedoms which test the independence of provincial court judges and justices of the peace, given their legal attachment to the office of the attorney general and their constitutional requirement of independence under the new entrenched Charter.

Is the Attorney General a solicitor?

Regarding the attorney general's function as solicitor to the Crown, any communication between the office of the attorney general and other offices of government is privileged under the solicitor-client privilege at common law.

Who conducts the drug and tax prosecutions in Canada?

Some prosecutions are conducted by the office of or through an agent of the attorney general of Canada (in particular, drug, tax and combines prosecutions). Recently, there have been several constitutional cases involving this division of prosecutorial responsibility between federal and provincial authorities.

Is the Attorney General's Office separate from the Solicitor General's Office?

In some provinces, the attorney general's office may incorporate the functions of the office of the Solicitor General; in other provinces, the 2 offices may be separate and distinct with a division of responsibilities. Federally the 2 offices are separate.

What is the role of the Attorney General in Canada?

In their role as attorney general, they are the chief law officer of the Crown.

When did Canada give up self rule?

3. Gave up self-rule in 1934, but remained a de jure Dominion until it joined Canada in 1949.

Who is the Attorney General of Australia?

The Attorney-General is the minister responsible for legal affairs, national and public security, and the Australian Security Intelligence Organisation. Michaelia Cash is the current Attorney-General.

What is an attorney general?

Attorneys-General in common law jurisdictions, and jurisdictions with a legal system which is partially derived from the common law tradition, share a common provenance.

What is the main legal advisor to the government?

In common law jurisdictions, main legal advisor to the government. In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have executive responsibility for law enforcement, ...

What is the role of the Attorney General of Kenya?

In Kenya the Attorney General is the Principal Legal Adviser to the Government and ex officio Member of Parliament and Cabinet. His duties include the formulation of legal policy and ensuring proper administration of Kenya's legal system including professional legal education. Assisting the Attorney General in the performance of his duties as Principal Legal Adviser to the Government are:

What is the mission of the Attorney General of Ireland?

The Mission of the Office of the Attorney General is to provide the highest standard of professional legal services to Government, Departments and Offices. The Attorney General of Ireland is the legal adviser to the Government and is therefore the chief law officer of the State.

When was the Attorney General of Tonga established?

The office of Attorney General was established in Tonga in 1988, and was held jointly with the portfolio of Justice Minister until the two were separated in 2009. The Attorney General is defined as the "Chief Legal Advisor to Government".

Who is a power of attorney?

The term was originally used to refer to any person who holds a general power of attorney to represent a principal in all matters. In the common law tradition, anyone who represents the state , especially in criminal prosecutions , is such an attorney.

Where do you file a Crown case?

To commence a proceeding against the Crown, the Attorney General of Canada or any other minister of the Crown, the appropriate documentation must be filed in the Federal Court Registry. Regional Federal Court Registry Offices

What is a service on the crown?

Service on the Crown relates to commencing proceedings (legal action) against the Crown. To initiate service on the Crown, the Attorney General of Canada or any other Minister of the Crown, the public or their legal representative can now serve the appropriate Justice Canada regional office by email or fax. The Crown will accept materials received via e-service.

Do you have to serve garnishment papers?

Please note that documents to garnishee a federal employee's salary must be served in accordance with the Garnishment, Attachment and Pension Diversion Act. They must be served at the appropriate garnishment registry set out in the Garnishment and Attachment Regulations.

What was the Bill C-16?

Wilson-Raybould also introduced Bill C-16, which amended the Canadian Human Rights Act to add gender identity and gender expression to the list of prohibited grounds for discrimination, which was another key mandate letter commitment. The legislation also amended the Criminal Code to extend protections against hate propaganda, and it received royal assent on June 16, 2017.

Who is the councillor of We Wai Kai?

As councillor for We Wai Kai Nation, Wilson-Raybould was also central to We Wai Kai developing a financial administration law (establishing a transparency and accountability through regulatory framework for establishing budgets and controlling expenditures), assuming property taxation powers under the First Nations Fiscal Management Act and becoming a borrowing member of the First Nations Finance Authority (FNFA). Wilson-Raybould was appointed the We Wai Kai representative to the FNFA. The borrowing members of the FNFA elected Wilson-Raybould as chair in 2013, 2014 and 2015. The FNFA is a not-for-profit that pools the public borrowing requirements of qualifying First Nations and issues bonds on the strength of a central credit. Under Wilson-Raybould , the FNFA issued its inaugural debenture in 2014 in the amount $96 million. This issue was reopened in 2015 adding an additional $50 million.

Did Justin Trudeau influence Wilson-Raybould?

On February 8, 2019, The Globe and Mail reported that sources close to the government said that the Prime Minister's Office allegedly had attempted to influence Wilson-Raybould concerning an ongoing prosecution of SNC-Lavalin while she was Minister of Justice and Attorney General. When asked about the allegations, Justin Trudeau said that the story in The Globe and Mail was false and that he had never "directed" Wilson-Raybould concerning the case. Wilson-Raybould did not comment on the matter, citing solicitor-client privilege. She resigned from the Trudeau cabinet on February 12. Trudeau said he did not anticipate her resignation and expressed disappointment over her decision, as it was not reflective of the conversations they had had during their recent meetings. Following Wilson-Raybould's resignation, Trudeau expressed his opinion that his government abided by all rules, did its job properly, and that if anyone within the government – including the former attorney-general – felt otherwise, the responsibility lay with Wilson-Raybould to address these concerns directly to him or the conflict of interest and ethics commissioner. She retained Thomas Albert Cromwell as counsel in order to determine the scope of information she was allowed to share with the public.

Did Trudeau accept the report?

Responding to the report, Trudeau said he accepted it and took responsibility but disagreed with its findings. Andrew Scheer renewed his calls for a Royal Canadian Mounted Police (RCMP) investigation, while Elizabeth May and Jagmeet Singh reiterated their calls for an inquiry. An RCMP spokesperson declined to confirm or deny whether an investigation is underway, saying that the police force is carefully reviewing the facts and will take "appropriate actions as required".

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