One must ask in the Public Interest why their representatives have a myriad of interests Why does the
people’s elected representative Attorney General act as the Queen’s Attorney http://www.scribd.com/doc/128061017/We-Must-Be-Satisfied-WithFrustration-as-the-Bad-Guys-Will-Not-Provide-Legal-Means-Permitting-thePolice-to-Arrest
HAT Honor among Thieves Attorney General wears too many hats Roles and Responsibilities of the Attorney General
The Attorney General has a unique role to play as a Minister. One part of the Attorney General's role is that of a Cabinet Minister. In this capacity the Minister is responsible for representing the interests and perspectives of the Ministry at Cabinet, while simultaneously representing the interests and perspectives of Cabinet and consequently the Government to the Ministry and the Ministry's Communities of Interest. COI Conflict of Interests
Doublethink means holding two contradictory beliefs simultaneously.
While there are different emphases and nuances attached to these there is a general theme throughout all the various aspects of the Attorney General's responsibilities that the office has a constitutional and responsibility beyond that of a political minister. belonged to the offices of the Attorney General and Solicitor General in the provinces of Canada and
. The Attorney General has unique responsibilities to the Crown. 1867 came into effect. until the Constitution Act.com/doc/113882977/Spirit-Intent-Precedence-de-Jure-Constitution-or-Romans-13Gaming-the-System-de-Facto The Attorney General is the chief law officer of the Executive Council. Section 5 states: The Attorney General. (b) shall see that the administration of public affairs is in accordance with the law.
Much has been written on the subject of ministerial responsibilities and the unique role of the Attorney General.scribd. (d) shall perform the duties and have the powers that belong to the Attorney General and Solicitor General of England by law and usage. The responsibilities stemming from this role are unlike those of any other Cabinet member. so far as those powers and duties are applicable to Ontario. the courts.com/doc/112431371/Would-a-Government-Appointed-Court-of-CompetentJurisdiction-Independent-Judiciary-Be-Appropriate-to-Protect-Us-From-Appropriating-Governments CLIP TOES Common Law Insidious Precedence Traditional Outlaws Expose Self Attorney General MAD HATTERS Mesmerized Addiction Demonstrable Honor among Thieves Tyranny Exposed Righteous Self http://www. the Legislature and the executive branch of government. and also shall perform the duties and powers that.scribd. The role has been referred to as
"judicial-like" and as the "guardian of the public interest".
The statutory responsibilities of the office are found in section 5 of the Ministry of the Attorney General Act. (a) is the Law Officer of the Executive Council. There are various components of the Attorney General's role.http://www. (c) shall superintend all matters connected with the administration of justice in Ontario.
the rule of law.
. (i) shall superintend all matters connected with judicial offices. (g) shall advise the heads of ministries and agencies of Government upon all matters of law connected with such ministries and agency. (e) shall advise the Government upon all matters of law connected with legislative enactments and upon all matters of law referred to him or her by the Government. The rule of law is a well established legal principle.and some have even suggested that the role possibly extends to the Legislature as well.
but hard to easily define.Upper Canada and which. 5(a))
The role of chief law officer might be referred to as the Attorney General's overall responsibility as the independent legal advisor to the Cabinet . The importance of the independence of the role is fundamental to the position and well established in
common law. statutes and tradition. (f) shall advise the Government upon all matters of a legislative nature and superintend all Government measures of a legislative nature. ?
from arbitrary measures and safeguards personal liberties. (j) shall perform such other functions as are assigned to him or her by the Legislature or by the Lieutenant Governor in Council. " What follows is an overview of the various components of the Attorney General's roles and responsibilities. The Attorney General has a special role to play in advising Cabinet to ensure the rule of law is maintained and that Cabinet actions are legally and constitutionally valid. primarily as outlined in the Act. the Attorney General has
a special responsibility to be the guardian of that most elusive concept
. and society as a whole. are within the scope of the powers of the Legislature. under the provisions of that Act.
Chief Law Officer of the Executive Council (s.
It is the rule of law
that protects individuals. (h) shall conduct and regulate all litigation for and against the Crown or any ministry or agency of government in respect of any subject within the authority or jurisdiction of the Legislature.
As chief law officer.
is for the Attorney General and the Crown Attorney.
This is not to suggest that decisions regarding criminal prosecutions are made
in a complete vacuum. This responsibility has been characterized as a matter of the Attorney General acting as the
not as a Minister of the government of the day.
Criminal prosecutions (s. The Attorney General does not. and the
. Whether to initiate or stay a criminal proceeding is not an issue of government policy. 1867. The Attorney General's legal advice or constitutional advice should not be lightly disregarded. the ultimate decision whether or not to lay charges is for the police. 92 of the Constitution Act. Section 92 gives the provinces authority to legislate in matters related to the administration of criminal justice and thereby gives the provincial Attorney General authority to prosecute offences under the Criminal Code.com It is now an accepted and important constitutional principle that the Attorney General must carry out the Minister's criminal prosecution responsibilities independent of Cabinet and of any partisan political pressures.and seen to be undertaken on strictly objective and legal criteria.Censor13. direct or cause charges to be laid.In providing such advice it is important to keep in mind the distinction between the Attorney General's policy advice and preference and the legal advice being presented to Cabinet. free of any political considerations. The Attorney General's policy advice has the same weight as that of other ministers. The Attorney General's responsibility for individual criminal prosecutions must be undertaken . While the Attorney General and the Attorney General's agents may provide legal advice to the police.5(d))
One of the most publicly scrutinized aspects of the Attorney General's role is the responsibility for criminal prosecutions encompassed in section 5 (d) and s. OJ Obstruct Justice Lest the administration be found in disrepute www.
A wide range of policy considerations may be weighed in executing this responsibility. and in what manner. Once the charge is laid the decision as to whether the prosecution should proceed. however.
. An important part of the Crown's .and thus the Attorney General's . the Crown Attorneys. However any decisions relating to the conduct of individual prosecutions must be the Attorney General's alone and independent of the traditional Cabinet decision making process.Attorney General may choose to consult the Cabinet on some of these considerations.responsibility in conducting criminal prosecutions is associated with the responsibility to represent the public interest which includes not only the community as a whole and
the victim. through the Legislature. even if it is not a particularly well-understood concept among the general public. in the vast majority of cases. Ultimately the Attorney General is accountable to the people of the province. is to assist the public in understanding the nature and limits of the prosecutorial function. This is a fundamental precept of criminal law.
So where is the accused public defender?
Doublethink means holding two contradictory beliefs simultaneously.
Attorney General also administers the Law Society Act The responsibility is to present the case fairly .not necessarily to convict. for decisions relating to criminal prosecutions. these decisions are made by the Attorney General's agents.
the accused. In practice. One of the Attorney General's responsibilities in fostering public respect for the rule of law.
The Crown has a distinct responsibility to the court to present all the credible evidence available.
. It should also be noted that Legislative Counsel also has a direct responsibility to the Legislature as the Office also drafts all private member's bills.Behind Scene
Although the Attorney general can become involved in decision-making in relation to individual criminal cases. Accordingly. such a practice would leave the Minister vulnerable to accusations of political interference. Although the Legislative Counsel's reporting relationship to the Attorney General does allow the Attorney General to provide guidance and set standards. The Office of Legislative Counsel reports to the Attorney General. 5(e) and (f))
The Attorney General has broad responsibilities associated with Government legislation. The Attorney General's legislative responsibilities are played out in a variety roles. The second aspect of this responsibility is to advise on the constitutionality and legality of legislation. it is traditional to leave the day-to-day decision-making in the hands of the Attorney General's agents. Legislative Counsel plays a key role in ensuring the legal integrity of Government legislation. the Crown Attorneys. The sub judicae rule bars any comment on a matter before the courts that is likely to influence the matter. One is to oversee that all legislative enactments are
in accordance with principles of natural justice
and civil rights (see also s.Such accountability can only occur. any public comment coming from the office would be seen as an attempt to influence the case. This is obviously an important and broad area of responsibility. Given the stature of the Attorney General's position. The sub judicae rule strictly prohibits the Attorney General from commenting on prosecutions that are before the courts.
Influences Case BS .
individual pieces of legislation are drafted on instructions from client ministries
are not within the sole control of
Legislative Counsel or the Attorney General. 5(b) above). of course.
Legislative Responsibilities (s. These responsibilities have been described as twofold. except in cases of exceptional importance where the public would expect the Attorney General to be briefed. once the prosecution is completed or when a final decision has been made not to prosecute.
As was noted earlier. The Attorney General's authority. even if the arguments conclude that the legislation does contravene constitutionally protected rights.
It may involve interventions in private litigation or Charter challenges to legislation. the Attorney General has broader litigation responsibilities flowing from the historical powers of the Attorney General referred to in s.
Responsibility for Court Administration (s.5(h) and (d))
In addition to the specific responsibilities to conduct civil litigation on behalf of the Government and its agencies (s. 5(d) of the Act. 5(c))
A key component of the Attorney General's responsibilities to ensure the administration of justice in the province is
. receive the Attorney General's legal opinion on legislation
and choose to disregard it. 5(h)). Here the Minister has an opportunity to comment on the technical issues related to legislation and regulations prior to Cabinet consideration. in theory. the Attorney General must make careful distinctions about the legal opinions and policy or political preferences being offered about legislation.
Civil Litigation (s. The Attorney General's role on legislative matters is as an adviser to the Cabinet.
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This has been characterized as a constitutional responsibility
to ensure that the public interest is well and independently represented. Cabinet could. therefore. These powers are based on the Crown's parens patriae (parental) authority.
The Attorney General's role is not independent of Cabinet decision making
as in the area of criminal prosecutions. is not only
to conduct litigation in cases directly affecting the government or its agencies
to litigate cases where there is a clear matter of public interest or public rights at stake. Although unlikely.The Attorney General has a further role to play as part of whatever Cabinet Committee is formed to review legislation and regulations.
Why does the Queen need an Attorney?
. the responsibility for courts administration is often a very sensitive and delicate issue. COI Conflict of Interests Whether to initiate or stay a criminal proceeding is not an issue of government policy.the administration of the courts and as a result the responsibility for maintaining liaison with the judiciary. Great care and respect for the principles of judicial independence must be exercised in this area. The role has been referred to as "judicial-like" and as the "guardian of the public interest". The responsibilities stemming from this role are unlike those of any other Cabinet member. This responsibility has been characterized as a matter of the Attorney General acting as the
not as a Minister of the government of the day. In this capacity the Minister is responsible for representing the interests and perspectives of the Ministry at Cabinet. Given the fundamental importance of the independence of the judiciary. while simultaneously representing the interests and perspectives of Cabinet and consequently the Government to the Ministry and the Ministry's Communities of Interest. The Attorney General is the chief law officer of the Executive Council.
One must ask in the Public Interest Y their elected representatives have a Myriad of interests
One part of the Attorney General's role is that of a Cabinet Minister.
Messiah Kevin explains