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Lawyer File #7

Lawyer File #7

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Published by: Frank Gallagher on Nov 24, 2010
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Keswick, On.

L4P 2P8

Part 1, Canadian Charter of Rights and Freedom
Canada is founded on PRINCIPLES that RECOGNIZES the SUPREMACY OF GOD and THE RULE OF LAW 52. (1) The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect. 31. Nothing in this Charter extends the legislative powers of any body or authority. 32. (1) This Charter applies (a) to the Parliament and government of Canada in respect of all matters within the authority of Parliament including all matters relating to the Yukon Territory and Northwest Territories; and (b) to the legislature and government of each province in respect of all matters within the authority of the legislature of each province. 15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
Re: Compliance with the Tenant Protection Act, 1997 Compliance with the Constitution Act, 1982 Files to follow (fax)
Lawyer File # 1: Copy of my letter to Rick Hennessey, ORHT Lawyer File # 2: Copy of my letter to Dave Grech, Coordinator-Investigations and Enforcement Unit, MMAH Lawyer File # 3: Copy of my letter to Hon. John Gerretsen, Minister of MMAH. Lawyer File # 4: Copy of my letter to G. Carlino, Ombudsman Lawyer File # 5: Copy of my letter to Julia Munro, MPP Lawyer File # 4: Copy of my letter to Premier Dalton McGuinty

Toronto Sun Copy of a file to Toronto Sun dated October 8 2007 will follow in 2 parts under separate cover Dear Michael Bryant I am writing to inform you there are serious matters to be dealt with regarding the administration of the “rule of law” in Ontario and it appears you are the person having the authority to deal with it. I have downloaded excerpts from the Attorney General Web site which have leaded me to that conclusion. (See page 9-12) For the past 19 months I have been endeavoring to find a person with the government who feels they are obliged to take responsibility for the protection of the people as provided by the Constitution Act, 1982 but all I have heard from those I have responded to is “Not me”

From: Frank Gallagher 34 Riverglen Drive

Lawyer file # 7

franklyone@h otmail.com

March 30 2007

mbryant.mpp@liberal.ola.org To: Province of Ontario Attorney General Michael Bryant

Those who did bother to correspond went as far as to prove they don’t have to give a damn about the people in Canada. I am of an entirely different opinion and to support it I downloaded the Constitution Act, 1982 and got to reading a little and….. Well on the very first line of the Charter I see the words Canada is founded upon principles that recognize the supremacy of God and the rule of law So the first thing I says to myself “What the hell does that mean?” I looked up some of the words to see if I could put meaning to this. founded: - to establish and organize something for the future, for example, an institution or business - to support something, for example, a conclusion, with evidence or reasoning - Transitive verb to realize, understand, or locate something for the first time, especially by studying or observing principles: – main beliefs, values, philosophies, ideology, morality, ethics, doctrine, principle recognize: - be familiar with, know, distinguish, make out, identify, be acquainted with, be aware of, be on familiar terms with When I first read it I thought perhaps I had to determine who God really was which seemed like a bit much for one individual to take on considering the scholars have different opinions and when I looked up religions on the web all I could find is stories and myths that go back before the times of Jesus and I found that the various religious sects picked up on which ever combinations of these myths that suit their fancy and ran with it. The religious groups themselves cause people to segregate themselves from each other and provides something to argue about which has to be the stupidest thing I have ever heard of because they argue about something which can’t be resolved by present evidence. Myths gave me a hint right off. Anyway, when you consider the number of people who faithfully follow their religious beliefs and allow their leaders to play with their minds it gives me cause for great concern because it sets them up for politicians who also play with their minds asking them to have faith and trust in them. Whether or not there is a God and I certainly believe there has to be some explanation to everything but until we know for fact it is best to keep our wits about us for we are all in this together by no choice of our own. Doesn’t it make more sense to put emphasis on the choices that we can make and do so with the knowledge we have and know for sure, to create Heaven On Earth for everyone? We’d pick up more knowledge along the way and use it for all our benefits which makes more sense than continually fooling ourselves to a point we would even argue with out the facts. Such nonsense affects the lives of everyone which allows the leaders who can present the best stories and make them believable the power to incite their believers into riots which of course is not the best way to go about finding peace on earth. So the words “supremacy of God” in matters of THE LAW has nothing to do with beliefs but what the word God stands for in terms of morality which has to mean the same to each and every one of us if we are to live in a peaceful law abiding society. 2

The word God must stand for COMMON SENSE and who would argue that yet if we are not all of the same SENSE there could not be SENSE in COMMON. Obviously if one’s religion believes they can unite and harm people who don’t share their beliefs, whether they be based on spiritual or ideological reason then they must ask what soundness they have used in their thinking and answer it with none at all. Why have they devoted so much time to their religions: ….for example saying the Lord’s Prayer and not getting the message? What do they understand about it and the TEN COMMANDMENTS? Why do people feel they need to worship someone who they do not know or have ever seen? Being idolized is a two way street where one struts their pride and ego in front of others who give them the pride and ego to strut. God does not strut amongst us in such manner because it is his ways that he wants us to worship and obviously the only way we will ever live together in harmony is with one COMMON SENSE. He wants us to think God and his ways, as the only way and obviously He wants us to think for there sure isn’t much point to things if you don’t If imitation is the sincerest form of flattery why not mirror God’s way and show Him you truly worship Him. Insulting His intelligence and wasting the brain He gave us must surely bring tears to His eyes. Perhaps that’s why oceans are salty. When kids do something wrong their parents scold them and tell them to think before they act but when they think remarkably quick and say but you do it they say “Do as I say, not what I do” That has to be confusing but the most important thing is to think it out to determine what is right immediately after you do what they say. It is one thing to obey because your life is in harms way and another to ensure you don’t put it in harm’s way again but most important is to think it out the whole way to sane conclusion. In this way there is hope for your future. By the time we become adults we have struggled for our independence but not until we get out working do we know what struggle really is. We think back upon our growing years and remember many times when our parents didn’t seem fair but when we think about it know they believed they were doing everything for our own good, at least the majorities were. In the working world we struggle to find a job which pays enough to make life worth while and considering we work a major part of our waking hours we hope to find a job we can enjoy. It’s quite a balancing act and most of the balancing goes into lowering our sights. We plug our way through life, once and while casting a joke about there being nothing certain in life but death and taxes, put a few more hours in to try to pay down some bills and work our taxes up but we eventually get tired of complaining and realize we are only bending the ears of others who are trying to forget that the people looking after us now don’t give a damn about us and are decidedly unfair. Some don’t give up and continue to vote in a manipulated system where it doesn’t matter who wins for the system will never be fair as long as the status quo remains. As we go about our struggles we see films of the starving and people in the hospitals and thank God for our blessings


and figure how well off we are comparatively speaking without realizing that God has nothing to do with it for why would He be giving us who have sinned preferential treatment over the kids that have not yet had a chance to sin. Go ask your religious leaders for they will give you the answers to help you through it and poor pity those who have no faith for they will just have to stare at reality with no way to deal with it. As we finally get to a point where we are able to meet our monthly debt payments with a little left over to reward ourselves we begin to think a little more about the people starving and many say to themselves it is a battle and I made it by myself so they can just get up off their lazy asses and do it the same way. Other’s with their own personal challenges easing have a little more time to think about why reality is as it is, and with a little more thought past the obvious it becomes abundantly clear that our heads are so messed up that it has to be how it is. Isn’t it strange, politicians who know quite well the necessities of people, being people themselves have always displayed their awareness of our needs by promising remedies for them to get elected and knowing full well how a hefty raise works wonders for their spirits even though they are not struggling to survive, don’t give a thought to our spirits, who gave them a descent job in the first place which allowed them to give themselves a raise. They use our money to take polls and study us to come to a balance of how much they actually have to give out to stay in power without giving too much, all driven to remain in power for their own ulterior purposes. I have to admit that low income families need the benefits and I am pleased about that but it is just a patch job like everything they do with no rational plan to actually change things to how they should be. Politicians obviously have to appear to be doing something for the people and they are a cunning lot with the wherewithal to do much more for the people but obviously professionals at slight of hand and skilled at playing with peoples minds can’t be in it just for the wages and they sure aren’t there to help the people. so…….. Everything they do is obvious to all of them and those of us who are able to assemble a mountain of truths to expose one humongous lie are few and far between in the general public but the public are far from dumb, just waiting for an opportunity to pounce where it will make a significant difference.. The evidence I have proves for fact, what they already believe is quite a significant factor in the whole scheme of things. I am referring to a society which have many religions and people who are easily lead to believe despite the truth will be pleased to see evidence which supports their beliefs about the goverrnment . The key to it all is the COMMON SENSE of God’s way which is not a belief but fact in every way. There is only one rule to obey which will cover the purpose of THE SUPREMACY OF GOD and THE RULE OF LAW which will realize HEAVEN ON EARTH (HOE)

We’ve been on a long road to HOE yet it is nowhere in sight, we have no idea where we started from or where we are, for past and present are full of lies and only when Truth is prominent will we find our past and plot the direct route to HOE. The priority is to HOE and the past will reveal itself as lies are eradicated, Truth remains in our minds to mind. They who stretch for a bright future will propel forward when they release the tight grip they have on the past.

How far we have advanced from the ghastly days when four horsemen tied ropes to four limbs of another and rode off in opposite directions as fast as they could to keep their beliefs together while pulling another’s drastically apart while today with all that we have learned we can draw and quarter ourselves. Let go for Christ’s sake and spring on to HOE and passed, onwards to the next HOE and so on like that. 4

God gave us all brains to think, why not? It’s all good. When you are running as fast as you can yet going nowhere, get off the treadmill. A dog trying to catch its tail, soon knows the despair of teaching the average human the futility of going round in circles and by progressive thinking and a wag of its tail it takes the bone and leaves shit for those who follow.

The Constitution Act, 1982-THE LAW ****************************************************************************************** People have the most magnificent brains capable of anything imaginable good and bad and obviously bad is not good for society. It’s quite simple and nobody would argue differently as they slip their hands into your pockets. The powers that be and the well off have a definite advantage over the rest of us and that’s economics 101. We are all born to earth the same way but one grows up in a castle and another one on the streets with completely different views of life. Those born in the well off families don’t have the slightest idea of what it’s like to live in the ghettoes nor do I but I do know that the crook from the ghettoes has got a lot more reason to be a crook than one from the well to do and I do know that the well to do crook fairs better in the courts.. But the Charter states we are all equal under the law and that is the only fair thing the people have going for them and it is up to you people to see that it happens. There is a huge difference in every day life when those who can afford to push the limits of the laws get caught, quite often they are not brought to trial simply because you have complicated the system to a cost we can not afford. The system is highly influenced by the wealthy and the laws are set up for the lawyers to feast. In the wealthy world it is complicated I must presume for we the people have no idea, as you are aware but the simple world we live in doesn’t need such a complicated system and we sure can’t afford to let justice drag out which again only benefits the well to do and the immoral. Obviously if the fine for something is $5000, pocket change to one and a year’s savings to another it is not fair and the wealthy use this to an advantage. Obviously they have a lot more brain power to keep them out of trouble and they have a lot of connections. You know what I mean and I am sure you can elaborate and articulate it much better than I but unfortunately me is all I got. I do know when somebody has criminally wronged me. To the people who deal in big money a loss of $150,000 may not seem like a whole lot but it’s a life savings to people like me who actually had to earn it from scratch. I will never get it back but it doesn’t have to happen to others We can’t take it lightly that the system doesn’t care about us. Individually we are nobody and we don’t have the 5

clout, to make our petty little problems newsworthy so we are ignored. That is not right or fair and when you people try to pass the buck on to us to deal with the likes of Don Wilson. that is simply not Constitutional. I have been told how the various departments try to warn people like us about such people but I am quite sure we are aware there is a high proportion of immoral people out there but our rights are not to be discriminated against the mentally ill if that is what is being implied. You people are all organized or I should say all assembled and should have a system that runs smoothly and deliberately to rid society of immoral inclination and I can attest to the fact that you do not and in fact prove the system is deliberately set up not to provide for us peasants. I have provided evidence beyond all doubt that Don Wilson defrauded me in a court room financed by the provincial government, part of the system set up to administer law and they allow criminal acts to happen right there in front of the judicator without pressing charges. That says a whole lot about the system and when I tried to bring this to the attention of all those who should be concerned, most didn’t even bat an eyelash and I would say they do not have an attitude consistent with the spirit of the Constitution. When those who did look into it cited various Acts to support their argument that they didn’t have to help, all they did is support my argument that they do not have a modus operandi in place to protect the people as guaranteed by the Charter That is pathetically obvious as is the difference between a person of wealth and one of us peasants. It’s one thing to be cognizant of the obvious and another to document the fact and it is well documented. As one of the police departments or crime stoppers state predictable is preventable I have presented an abundance of evidence which proves crime is predictable under your present system quite contrary to the Constitution Act. We people are not at all familiar with the ins and outs of the system and that is for sound reason that we have different fields of endeavor and we have good reason to believe and trust that the legal system established to administer the rule of law is competent to that purpose and we have good reason to trust it to be so. But when the evidence shows differently it must be fixed and every effort must be made to assure it doesn’t happen again. The world is propelled by money but in matters of fairness and everybody equal in matters of law, money can not have anything to do with it and if there is to be any discretionary provisions the wealthy should be hit and hit hard because they play a big part in others starving. They certainly have been well educated, certainly should know better than those who are uneducated with nothing but hopeless despair who are driven to defend themselves from starvation. There is always two sides to the story but we see only one side in the law because only one side sets it up. I have downloaded excerpts from the Attorney General’s web site and it appears that you Michael Bryant are the person to deal with this matter and I reiterate this is not a personal matter it is a matter between the people and the government 6

I have initially contacted everyone from the York Regional Police to the Governor General, the army and Canadian Federation of Taxpayers, the legislature and newspapers but of course such a matter is not something that people want to get involved in because it simply is detrimental to their careers but by not getting involved they support my allegations. Anyway it seems you wear many hats and in reality one has to presume you associate with influential people and we ordinary peasants do not have such an insider type of relation even though our elected representatives are obviously supposed to represent us and they will admit it quite adamantly but the facts are they don’t. I will be providing you with the evidence but it is important that we understand what is going on here. This is not a personal matter. It has to do with the inconsistencies of Ontario laws with the Constitution Act, 1982 which concerns the legislature, you and the Tenant Protection Act, 1997 and I am sure many other Acts, laws, etc. I have come upon evidence in the course of natural reaction, to find someone who actually represents the people to help us but have proven there is no one to be found, just words, for the people, comes from their mouths and directions that take me in circles and a consistent determination to make me deal with the matter myself. Quite often I have been directed to lawyers but how will they help when they are part of what is wrong with the system. Well, as I say I downloaded your web site and what is immediately obvious is you are the representative of the people and the government which seems okay since the government is supposed to be representing the people but it obviously leaves the door wide open to go awry and awry it is. With all the powers you have as defined and intertwined shown on pages 9-12, I have determined that you hold a very influential position with the provincial government Amongst all your duties on page 11 you will find this statement. Ultimately the Attorney General is accountable to the people of the province Ultimately I request that you take this opportunity to make things right for the people. I started out on one simple mission and it has turned into quite a challenge which is beyond all comprehension. I am not one to cling onto the past so I do not see how any long dragged out debate defending your position will help move us into the future where we should have been centuries ago. There is only one clear simple way to approach this is for you to deal with the concerns I have addressed in the Lawyer Files 1- 7 and the letter to the Toronto Sun dated October 8 2006 which clearly shows that Don Wilson committed fraud under the criminal code on two accounts over $100,000 and filed a false and misleading information $43,000, an offense under the Tenant Protection Act, 1997 in the courts of the land which government staff have declined to act upon which is intolerable in a moral society where the system is mandated to deal with the immoral. The cards are all there, deal them out responsibly and lead us into the belated future. The people mentioned must be duly punished considering the number of opportunities I have provided them to represent the people which they would have us believe they do The government staff must know that along with the trust and power they are given the people must be able to trust them to use the power for the people which is all the power they have been mandated with. Your attention must be directed to morality within the government and full speed against immorality by due punishment when they are caught which is the only way to get to the minds of the people that immorality will not be tolerated here in Canada. Huge problems first appear as little ones. Take them out and the rest will take care of them selves.


The thing with thinking is once you get started it is difficult to stop and if it is was focused for good there is nothing to stop us from making up the time we have lost and when you think about it sanely things will be sane. When I make reference to morality I am in no way talking about the bedrooms of the people. Fair and equality is what the law is all about and if you don’t take care of that, who will? I request that you deal with all matters within the Lawyer Files #s 1-7 Thank you Frank Gallagher PS This is not about attentiveness to dotting the i’s and crossing the t’s DO ONTO OTHERS AS YOU WOULD HAVE THEM DO ONTO YOU says it all.


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. The Attorney General is the chief law officer of the Executive Council. The responsibilities stemming from this role are unlike those of any other Cabinet member. The role has been referred to as "judicial-like" and as the "guardian of the public interest". Much has been written on the subject of ministerial responsibilities and the unique role of the Attorney General. There are various components of the Attorney General's role. The Attorney General has unique responsibilities to the Crown, the courts, the Legislature and the executive branch of government. 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 traditional responsibility beyond that of a political minister. The statutory responsibilities of the office are found in section 5 of the Ministry of the Attorney General Act. Section 5 states: The Attorney General, (a) is the Law Officer of the Executive Council; (b) shall see that the administration of public affairs is in accordance with the law; (c) shall superintend all matters connected with the administration of justice in Ontario; (d) shall perform the duties and have the powers that belong to the Attorney General and Solicitor General of England by law and usage, so far as those powers and duties are applicable to Ontario, and also shall perform the duties and powers that, until the Constitution Act, 1867 came into effect, belonged to the offices of the Attorney General and Solicitor General in the provinces of Canada and Upper Canada and which, under the provisions of that Act, are within the scope of the powers of the Legislature; (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; (f) shall advise the Government upon all matters of a legislative nature and superintend all Government measures of a legislative nature; (g) shall advise the heads of ministries and agencies of Government upon all matters of law connected with such ministries and agency; (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; (i) shall superintend all matters connected with judicial offices; (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, primarily as outlined in the Act.


Chief Law Officer of the Executive Council (s. 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 - and some have even suggested that the role possibly extends to the Legislature as well. The importance of the independence of the role is fundamental to the position and well established in common law, statutes and tradition. As chief law officer, the Attorney General has a special responsibility to be the guardian of that most elusive concept - the rule of law. The rule of law is a well established legal principle, but hard to easily define. It is the rule of law that protects individuals, and society as a whole, from arbitrary measures and safeguards personal liberties. 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. 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. The Attorney General's legal advice or constitutional advice should not be lightly disregarded. The Attorney General's policy advice has the same weight as that of other ministers.

Criminal prosecutions (s.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. 92 of the Constitution Act, 1867. 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. The Attorney General does not, however, direct or cause charges to be laid. While the Attorney General and the Attorney General's agents may provide legal advice to the police, the ultimate decision whether or not to lay charges is for the police. Once the charge is laid the decision as to whether the prosecution should proceed, and in what manner, is for the Attorney General and the Crown Attorney. 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. The Attorney General's responsibility for individual criminal prosecutions must be undertaken - and seen to be undertaken - on strictly objective and legal criteria, free of any political considerations. Whether to initiate or stay a criminal proceeding is not an issue of government policy. This responsibility has been characterized as a matter of the Attorney General acting as the Queen's Attorney - not as a Minister of the government of the day. This is not to suggest that decisions regarding criminal prosecutions are made in a complete vacuum. A wide range of policy considerations may be weighed in executing this responsibility, and the Attorney General may choose to consult the Cabinet on some of these considerations. 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. In practice, in the vast majority of cases, these decisions are made by the Attorney General's agents, the Crown Attorneys. An important part of the Crown's - and thus the Attorney General's - 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, but also the accused. The Crown has a distinct responsibility to the court to present all the credible evidence available.


The responsibility is to present the case fairly - not necessarily to convict. This is a fundamental precept of criminal law, even if it is not a particularly well-understood concept among the general public. One of the Attorney General's responsibilities in fostering public respect for the rule of law, is to assist the public in understanding the nature and limits of the prosecutorial function. Ultimately the Attorney General is accountable to the people of the province, through the Legislature, for decisions relating to criminal prosecutions. Such accountability can only occur, of course, once the prosecution is completed or when a final decision has been made not to prosecute. The sub judicae rule bars any comment on a matter before the courts that is likely to influence the matter. The sub judicae rule strictly prohibits the Attorney General from commenting on prosecutions that are before the courts. Given the stature of the Attorney General's position, any public comment coming from the office would be seen as an attempt to influence the case. Although the Attorney general can become involved in decision-making in relation to individual criminal cases, such a practice would leave the Minister vulnerable to accusations of political interference. Accordingly, it is traditional to leave the day-to-day decision-making in the hands of the Attorney General's agents, the Crown Attorneys, except in cases of exceptional importance where the public would expect the Attorney General to be briefed.

Legislative Responsibilities (s. 5(e) and (f))
The Attorney General has broad responsibilities associated with Government legislation. These responsibilities have been described as twofold. One is to oversee that all legislative enactments are in accordance with principles of natural justice and civil rights (see also s. 5(b) above). This is obviously an important and broad area of responsibility. The second aspect of this responsibility is to advise on the constitutionality and legality of legislation. The Attorney General's legislative responsibilities are played out in a variety roles. The Office of Legislative Counsel reports to the Attorney General. Legislative Counsel plays a key role in ensuring the legal integrity of Government legislation. Although the Legislative Counsel's reporting relationship to the Attorney General does allow the Attorney General to provide guidance and set standards, individual pieces of legislation are drafted on instructions from client ministries and are not within the sole control of Legislative Counsel or the Attorney General. 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. The Attorney General has a further role to play as part of whatever Cabinet Committee is formed to review legislation and regulations. Here the Minister has an opportunity to comment on the technical issues related to legislation and regulations prior to Cabinet consideration. The Attorney General's role on legislative matters is as an adviser to the Cabinet. Although unlikely, Cabinet could, in theory, receive the Attorney General's legal opinion on legislation and choose to disregard it. The Attorney General's role is not independent of Cabinet decision making as in the area of criminal prosecutions. As was noted earlier, the Attorney General must make careful distinctions about the legal opinions and policy or political preferences being offered about legislation.

Civil Litigation (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(h)), the Attorney General has broader litigation responsibilities flowing from the historical powers of the Attorney General referred to in s. 5(d) of the Act. These powers are based on the Crown's parens 11

patriae (parental) authority. The Attorney General's authority, therefore, is not only to conduct litigation in cases directly affecting the government or its agencies but also to litigate cases where there is a clear matter of public interest or public rights at stake. This has been characterized as a constitutional responsibility to ensure that the public interest is well and independently represented. It may involve interventions in private litigation or Charter challenges to legislation, even if the arguments conclude that the legislation does contravene constitutionally protected rights.

Responsibility for Court Administration (s. 5(c))
A key component of the Attorney General's responsibilities to ensure the administration of justice in the province is the administration of the courts and as a result the responsibility for maintaining liaison with the judiciary. Given the fundamental importance of the independence of the judiciary, the responsibility for courts administration is often a very sensitive and delicate issue. Great care and respect for the principles of judicial independence must be exercised in this area.

As chief law officer, the Attorney General has a special responsibility to be the guardian of that most elusive concept - the rule of law. The rule of law is a well established legal principle, but hard to easily define. It is the rule of law that protects individuals, and society as a whole, from arbitrary measures and safeguards personal liberties.



March 29, 2007 On several occasions I have requested Bruce Herridge inform me as to what efforts he has made to this promise with no response.


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