Attorney General of Ontario explained

Post:Attorney General
Body:Ontario
Insignia:Tbs-visualidentity-COA-Blk_(3)_copy.svg
Insigniasize:200px
Incumbent:Doug Downey
Incumbentsince:June 20, 2019
Department:Executive Council of Ontario
Style:The Honourable
Termlength:At His Majesty’s Pleasure
Inaugural:John Sandfield Macdonald as Attorney General of Ontario
Website:Office of the Attorney General

The Attorney General of Ontario is the chief legal adviser to His Majesty the King in Right of Ontario and, by extension, the Government of Ontario. The Attorney General is a senior member of the Executive Council of Ontario (the cabinet) and oversees the Ministry of the Attorney General – the department responsible for the oversight of the justice system in the province of Ontario. The Attorney General is an elected Member of Provincial Parliament who is appointed by the Lieutenant Governor of Ontario on the constitutional advice of the Premier of Ontario.

The goal of the Ministry of the Attorney General is to provide a fair and accessible justice system that reflects the needs of the diverse communities it serves across government and the province. The Ministry represents the largest justice system in Canada and one of the largest in North America. It strives to manage the justice system in an equitable, affordable and accessible way throughout the province.

Doug Downey was appointed Attorney General of Ontario on 20 June 2019, replacing Caroline Mulroney.

Authority

The Attorney General has the authority to represent the provincial government in court personally, but this task is almost always delegated to crown attorneys, or to crown counsel in civil cases. Both Ian Scott and Roy McMurtry, who were prominent courtroom lawyers before entering politics, acted for Ontario in constitutional appeals before the Supreme Court of Canada.[1]

Most holders of the office have been practising lawyers or had legal training. Marion Boyd was the only Attorney General who was not a lawyer until Caroline Mulroney's appointment. Although Mulroney studied and practised law in the United States, she is not legally able to practise law in Canada.

Responsibilities

The Ministry of the Attorney General delivers and administers a wide range of justice services, including:

  1. administering approximately 115 statutes;
  2. conducting criminal proceedings throughout Ontario;
  3. providing legal advice to, and conducting litigation on behalf of, all government ministries and many agencies, boards and tribunals;
  4. providing advice on, and drafting, all legislation and regulations; and
  5. coordinating and administering court services throughout Ontario.

The Ontario Crown Attorney's Office, the Office of the Public Guardian and Trustee, the Office of the Children's Lawyer (formerly called the Official Guardian), and the Special Investigations Unit (SIU) all fall within the Ministry's responsibilities. The Ministry also partially funds Legal Aid Ontario, which is administered by an independent board and also receives funding through the Law Foundation of Ontario and from the federal government.

Portfolios

In 2008, Office of the Independent Police Review Director (IPRD) was established under the authority of the AG, as a civilian body with powers invested through Public Inquiries Act to investigate complaints about municipal police forces and the Ontario Provincial Police.[2] [3] [4]

Following the 2013 release of former Supreme Court judge Frank Iacobucci's report on the relationship between Aboriginal peoples and the Ontario justice system,[5] a position of deputy attorney general with responsibility for Aboriginal issues was created.[6] [3]

List of attorneys-general

Attorneys-general of Upper Canada

1. John White (Frontenac County) 1791–1800
2. Robert Isaac Dey Gray 1800–1801
3. Thomas Scott 1801–1806
4. William Firth 1807–1812
5. G. D'Arcy Boulton 1814–1818
6. Sir John Robinson, 1st Baronet, of Toronto 1818–1829, acting AG 1812–1814
7. Henry John Boulton 1829–1833
8. Robert Sympson Jameson 1833–1837, last British-appointed AG
9. Christopher Alexander Hagerman 1837–1840, first Canadian-born AG of Upper Canada
10. William Henry Draper 1840–1841, last AG of Upper Canada

Attorneys-general of the Province of Canada (Canada West)

In 1841, the Province of Upper Canada became the District of Canada West in the Province of Canada

11. William Henry Draper 1841–1843
12. Robert Baldwin 1843–1848
13. William Buell Richards 1848–1854
14. John A. Macdonald 1854–1862, 1864–1867
15. John Sandfield Macdonald 1862–1864

After 1867, the Attorney General position was split into federal and provincial counterparts:

Attorney General of Ontario
Attorney General of Quebec (renamed the Ministry of Justice in 1965)
Attorney General of Canada

Attorneys-general of Ontario, since Confederation

PortraitNameTerm of officeTenurePolitical party
(Ministry)
Note
1John Sandfield MacDonaldLiberal
Conservative
(MacDonald)
While Premier
2Adam CrooksLiberal
(Blake)
3Oliver MowatLiberal
(Mowat)
While Premier
4Arthur S. HardyLiberal
(Hardy)
While Premier
5John Morison GibsonLiberal
(Ross)
6Francis Robert Latchford
7James WhitneyConservative
(Whitney)
While Premier
8James Joseph Foy
9Isaac Benson LucasConservative
(Hearst)
10William RaneyUnited Farmers
(Drury)
11William Folger NickleConservative
(Ferguson)
12William Herbert Price
Conservative
(Henry)
13Arthur RoebuckLiberal
(Hepburn)
Resigned from cabinet to protest Hepburn's handling of the United Auto Workers strike.
14Paul LeducInterim Attorney General upon Roebuck's resignation, while Minister of Mines
15Gordon Daniel ConantConant remained Attorney General when he served as Premier. He resigned both position on May 18, 1943.
Liberal
(Conant)
16Eric CrossLiberal
(Nixon)
Concurrently Minister of Municipal Affairs
17Leslie BlackwellPC
(Drew)
PC
(Kennedy)
18Dana PorterPC
(Frost)
19Kelso Roberts
PC
(Robarts)
20Fred Cass
21Arthur WishartStyled as Minister of Justice and Attorney General from May 18, 1966
22Allan LawrencePC
(Davis)
Styled as Minister of Justice and Attorney General. Also served as Provincial Secretary for Justice from January 5, 1972, to September 28, 1972).
23Dalton BalesStyled as Minister of Justice and Attorney General from February 2, 1972, until April 10, 1972.
24Robert Stanley Welch
(first instance)
Concurrently Provincial Secretary for Justice
25John ClementConcurrently Provincial Secretary for Justice and Solicitor General (June 18, 1975 - October 7, 1975).
26Roy McMurtryConcurrently Solicitor General (September 11, 1978 – February 13, 1982). The ministry headquarters is named jointly after McMurtry and Ian Scott
24Robert Stanley Welch
(second instance)
(1 year, 240 days in total)
PC
(Miller)
Cocurrently Deputy Premier
27Alan Pope
28Ian ScottLiberal
(Peterson)
Concurrently Minister Responsible for Native Affairs, interim Solicitor General (February 3, 1986 – January 9, 1987; June 6, 1989 – August 2, 1989). The ministry headquarters is named jointly after Scott and Roy McMurtry
29Howard HamptonNDP
(Rae)
30Marion BoydStyled as Minister of Justice and Attorney General. First woman to serve as Attorney General. Only Attorney General who was not a lawyer.
31Charles HarnickPC
(Harris)
Concurrently Minister Responsible for Native Affairs
32Jim FlahertyConcurrently Minister Responsible for Native Affairs
33David YoungConcurrently Minister Responsible for Native Affairs
PC
(Eves)
34Norm SterlingConcurrently Minister Responsible for Native Affairs
35Michael J. BryantLiberal
(McGuinty)
Concurrently Minister Responsible for Native Affairs and Minister Responsible for Democratic Renewal (October 23, 2003 – June 29, 2005).
36Chris BentleyConcurrently Minister Responsible for Native Affairs (January 18, 2010 – October 20, 2011)
37John Gerretsen
Liberal
(Wynne)
38Madeleine MeilleurConcurrently Minister Responsible for Francophone Affairs. First francophone to serve as Attorney General.
39Yasir NaqviFirst visible-minority and first Muslim to serve as Attorney General.
40Caroline MulroneyPC
(Ford)
Concurrently Minister Responsible for Francophone Affairs.
41Doug Downeypresent

See also

External links

Notes and References

  1. http://canlii.ca/t/1mzjg 1976 Reference re: Anti-Inflation Act
  2. Web site: Gerry McNeilly Nominated As Director Of New Police Review System. news.ontario.ca. December 30, 2018. May 2, 2008.
  3. News: Police complaint director thrust into limelight . National Post. As the province's newly minted Independent Police Review Director, Mr. McNeilly is tasked with handling all public complaints against police in Ontario . Kenyon . Wallace . July 24, 2010 . December 30, 2018.
  4. 208 . McNeilly. Gerry . Broken Trust: Indigenous People and the Thunder Bay Police Service . December 2018 . 30 December 2018 . Office of the Independent Police Review Director (OIPRD) . Toronto, Ontario.
  5. News: Talaga. Tanya. Ontario's justice system in a 'crisis' for aboriginals: Frank Iacobucci report. The Toronto Star. Toronto. December 30, 2018. February 2, 2013.
  6. News: A new portfolio. Guttsman. Janet. June 1, 2015. Canadian Lawyer Magazine. January 4, 2017. https://web.archive.org/web/20160430054728/http://www.canadianlawyermag.com/5606/A-new-portfolio.html. April 30, 2016. dead.