What the Attorney General Does in Canada
The Attorney General is a senior member of government who is also the chief law officer of the Crown. The title appears in news about prosecutions, public inquiries and constitutional cases, and it is often misunderstood.
- There is an Attorney General of Canada for federal matters and an Attorney General in each province, including Ontario.
- The Attorney General oversees prosecutions and gives legal advice to government, while keeping prosecutorial decisions independent of politics.
- In Ontario, the Attorney General is responsible for the Ministry that runs the courts and many justice services.
- The office can also intervene in cases and give consent for certain proceedings.
Two jobs in one
The Attorney General is both a cabinet minister who answers to the legislature, and the chief law officer of the Crown, who must act in the public interest and follow the law. The second role is meant to be independent of partisan politics, especially in prosecutions.
Main responsibilities
- Prosecutions: Crown attorneys act on behalf of the Attorney General in criminal and provincial offence matters, and make decisions independently.
- Legal advice: advising the government and its departments on legal issues, including whether laws comply with the Constitution.
- Representing the Crown: acting for the government in civil cases and constitutional challenges.
- Administration of justice: supporting courts, tribunals, legal aid, and related services, in Ontario through the Ministry of the Attorney General.
- Public interest roles: intervening in cases of public importance, and acting for people who cannot act for themselves in some matters.
Federal and provincial roles
The Attorney General of Canada deals with federal laws and prosecutions under federal statutes in some areas. Provincial attorneys general prosecute most Criminal Code offences and provincial offences in their province. The federal minister of justice holds the Attorney General of Canada role.
Independence matters
Because of the influence of the office, the tradition is that a prosecution is not directed by political considerations. Crown attorneys are expected to apply public standards, such as whether there is a reasonable prospect of conviction and whether prosecution is in the public interest.
How this affects ordinary people
- A charge you face is brought and run by a Crown attorney on behalf of the Attorney General.
- Some proceedings, such as certain private prosecutions or settlements, may need the Attorney General's consent.
- When you sue a government body, the Crown is represented by lawyers from the Attorney General's office, with special rules on notice.
Common questions
Is the Attorney General the same as a Crown attorney?
No. Crown attorneys are lawyers who prosecute cases on the Attorney General's behalf. The Attorney General is the minister responsible for the system.
Can the Attorney General overrule a court?
No. The courts are independent. The Attorney General can appeal, intervene or change policy through legislation.
This guide is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.
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