Minister of Justice and Attorney General of Canada explained

Post:Minister of Justice
Attorney General
Body:Canada
Flagsize:200px
Incumbent:Arif Virani
Incumbentsince:July 26, 2023
Department:Department of Justice
Style:The Honourable
Appointer:Monarch (represented by the governor general);[1]
Appointer Qualified:on the advice of the prime minister[2]
Termlength:genderp=~}}}} Majesty's pleasure
Formation:July 1, 1867
Inaugural:Sir John A. Macdonald
Abbreviation:MoJAG[3]

The minister of justice and attorney general of Canada is a dual-role portfolio in the Canadian Cabinet.[4]

The officeholder in the role of Minister of Justice serves as the minister of the Crown responsible for the Department of Justice and the justice portfolio, and in the role of Attorney General,[5] litigates on behalf of the Crown and serves as the chief legal advisor to the Government of Canada. (Though most prosecution functions of the attorney general have been assigned to the Public Prosecution Service of Canada. The attorney general is supported in this role by the director of public prosecutions.)

Attorney General of Canada

The role was created in 1867 to replace the attorney general of Canada West and attorney general of Canada East.

As the top prosecuting officer in Canada, 'attorney general' is a separate title held by the minister of justice—a member of the Cabinet. The minister of justice is concerned with questions of policy and their relationship to the justice system. In their role as attorney general, they are the chief law officer of the Crown. The roles have been connected since confederation. As a result of controversy, following the SNC-Lavalin affair, Anne McLellan was appointed to review the roles and prepare a report on whether they should be separated. She recommended the positions remain combined.[6] [7]

This cabinet position is usually reserved for someone holding a legal qualification. There have been exceptions: Joe Clark only studied the first year of law at Dalhousie University before transferring to University of British Columbia Faculty of Law and dropping out to embark on political life.[8]

This cabinet portfolio has been held by many individuals who went on to become prime minister including John Sparrow David Thompson, R. B. Bennett, Louis St Laurent, Pierre Elliott Trudeau, John Turner, Kim Campbell and Jean Chrétien (Clark became MoJAG after his time as prime minister). This is the only Canadian Ministry (other than that of the prime minister) which has not been reorganized since its creation in 1867.

A separate cabinet position, the minister of public safety (formerly known as the "solicitor general") administers the law enforcement agencies (police, prisons, and security) of the federal government.

Ministers of justice and attorneys general

Key:

No.PortraitNameTerm of officePolitical partyMinistry
1Sir John A. MacdonaldJuly 1, 1867 November 5, 1873Liberal-Conservative1 (Macdonald)
2Antoine-Aimé DorionNovember 7, 1873 May 31, 1874Liberal2 (Mackenzie)
Sir Albert James Smith
(Acting)
June 1, 1874 July 7, 1874Liberal
3Télesphore FournierJuly 8, 1874 May 18, 1875Liberal
4Edward BlakeMay 19, 1875 June 7, 1877Liberal
5Rodolphe LaflammeJune 8, 1877 October 8, 1878Liberal
6James McDonaldOctober 17, 1878 May 18, 1881Conservative (historical)3 (Macdonald)
7Alexander CampbellMay 20, 1881 September 24, 1885Conservative (historical)
8Sir John ThompsonSeptember 26, 1885 June 6, 1891Conservative (historical)
June 16, 1891 November 24, 18924 (Abbott)
December 5, 1892 December 12, 18945 (Thompson)
9Sir Charles Hibbert TupperDecember 21, 1894 January 5, 1896Conservative (historical)6 (Bowell)
Thomas Mayne Daly
(Acting)
January 6, 1896 January 14, 1896Liberal-Conservative
10Arthur Rupert DickeyJanuary 15, 1896 April 27, 1896Conservative (historical)
May 1, 1896 July 8, 18967 (Tupper)
11Sir Oliver MowatJuly 13, 1896 November 17, 1897Liberal8 (Laurier)
12David MillsNovember 18, 1897 February 7, 1902Liberal
13Charles FitzpatrickFebruary 11, 1902 June 3, 1906Liberal
14Sir Allen AylesworthJune 4, 1906 October 6, 1911Liberal
15Charles DohertyOctober 10, 1911 July 9, 1920Conservative (historical)910 (Borden)
July 10, 1920 September 20, 192111 (Meighen)
16R. B. BennettOctober 4, 1921 December 28, 1921Conservative (historical)
17Lomer GouinDecember 29, 1921 January 3, 1924Liberal12 (King)
18Ernest Lapointe
(1st time)
January 4, 1924
(Acting until Jan.30)
June 28, 1926Liberal
Hugh Guthrie
(Acting)
June 29, 1926 July 12, 1926Conservative (historical)13 (Meighen)
19Esioff-Léon PatenaudeJuly 13, 1926 September 24, 1926Conservative (historical)
(18)Ernest Lapointe
(2nd time)
September 25, 1926 August 6, 1930Liberal14 (King)
20Hugh GuthrieAugust 7, 1930 August 11, 1935Conservative (historical)15 (Bennett)
21George Reginald GearyAugust 14, 1935 October 22, 1935Conservative (historical)
(18)Ernest Lapointe
(3rd time)
October 23, 1935 November 26, 1941Liberal16 (King)
Joseph-Enoil Michaud
(Acting)
November 27, 1941 December 9, 1941Liberal
22Louis St. Laurent
(1st time)
December 10, 1941 December 9, 1946Liberal
23James Lorimer IlsleyDecember 10, 1946 June 30, 1948Liberal
(22)Louis St. Laurent
(2nd time)
July 1, 1948
(Acting until Sep.10)
November 14, 1948Liberal
24Stuart GarsonNovember 15, 1948 June 20, 1957Liberal17 (St. Laurent)
25Davie FultonJune 21, 1957 August 8, 1962Progressive Conservative18 (Diefenbaker)
26Donald FlemingAugust 9, 1962 April 21, 1963Progressive Conservative
27Lionel ChevrierApril 22, 1963 February 2, 1964Liberal19 (Pearson)
28Guy FavreauFebruary 3, 1964 June 29, 1965Liberal
George McIlraith
(Acting)
June 30, 1965 July 6, 1965Liberal
29Lucien CardinJuly 7, 1965 April 3, 1967Liberal
30Pierre TrudeauApril 4, 1967 April 19, 1968Liberal
April 20, 1968 July 5, 196820 (P. E. Trudeau)
31John TurnerJuly 6, 1968 January 27, 1972Liberal
32Otto Lang
(1st time)
January 28, 1972 September 25, 1975Liberal
33Ron BasfordSeptember 26, 1975 August 2, 1978Liberal
(32)Otto Lang
(2nd time)
August 3, 1978
(Acting until Aug.9)
November 23, 1978Liberal
34Marc LalondeNovember 24, 1978 June 3, 1979Liberal
35Jacques FlynnJune 4, 1979 March 2, 1980Progressive Conservative21 (Clark)
36Jean ChrétienMarch 3, 1980 September 9, 1982Liberal22 (P. E. Trudeau)
37Mark MacGuiganSeptember 10, 1982 June 29, 1984Liberal
38Donald JohnstonJune 30, 1984 September 16, 1984Liberal23 (Turner)
39John CrosbieSeptember 17, 1984 June 29, 1986Progressive Conservative24 (Mulroney)
40Ray HnatyshynJune 30, 1986 December 7, 1988Progressive Conservative
Joe Clark
(Acting)
December 8, 1988 January 29, 1989Progressive Conservative
41Doug LewisJanuary 30, 1989 February 22, 1990Progressive Conservative
42Kim CampbellFebruary 23, 1990 January 3, 1993Progressive Conservative
43Pierre BlaisJanuary 4, 1993 June 24, 1993Progressive Conservative
June 25, 1993 November 3, 199325 (Campbell)
44Allan RockNovember 4, 1993 June 10, 1997Liberal26 (Chrétien)
45Anne McLellanJune 11, 1997 January 14, 2002Liberal
46Martin CauchonJanuary 15, 2002 December 11, 2003Liberal
47Irwin CotlerDecember 12, 2003 February 5, 2006Liberal27 (Martin)
48Vic ToewsFebruary 6, 2006 January 3, 2007Conservative28 (Harper)
49Rob NicholsonJanuary 4, 2007 July 13, 2013Conservative
50Peter MacKayJuly 13, 2013 November 4, 2015Conservative
51Jody Wilson-RaybouldNovember 4, 2015 January 14, 2019Liberal29 (J. Trudeau)
52David LamettiJanuary 14, 2019 July 26, 2023Liberal
53Arif ViraniJuly 26, 2023 IncumbentLiberal

See also

Historical roles

References

  1. Web site: Constitutional Duties. The Governor General of Canada. 2020-04-20.
  2. Web site: House of Commons Procedure and Practice - 1. Parliamentary Institutions - Canadian Parliamentary Institutions. www.ourcommons.ca. 2020-04-20.
  3. Web site: Patriation, the Recognition of Rights and Reconciliation. Canada. Department of Justice. 2017-03-20. gcnws. 2019-03-10.
  4. Web site: Political scandal Canada: dual office of Justice Minister and Attorney-General, a concern?. International. Radio Canada. 2019-03-04. RCI English. en-US. 2019-03-10.
  5. Web site: Roles and Responsibilities of the Minister of Justice and Attorney General of Canada - Department of Justice Canada Minister's Transition Book. Government of Canada. Department of Justice. 2016-04-15. www.justice.gc.ca. 2019-03-10.
  6. Web site: Review of the Roles of the Minister of Justice and Attorney General of Canada. McLellan. Anne. August 14, 2019. Prime Minister of Canada. August 14, 2019.
  7. Web site: McLellan advises against splitting roles of attorney general, justice minister. Gollom . Mark. August 14, 2019. CBC News. August 14, 2019.
  8. Web site: ARCHIVED - Clark-Biography-First Among Equals. 2021-03-11. www.collectionscanada.gc.ca.

Further reading