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 agencies; 
(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.