Department of Justice (Canada)
Encyclopedia
The purpose of the Department of Justice is to ensure that the Canadian
justice
system is fair, accessible and efficient. The Department also represents the Canadian government in legal matters. Almost all lawyers in the federal government are employed by Justice and are dispatched to manage the legal affairs of the other departments and agencies.
The headquarters of the Department of Justice is located at 275 Sparks Street
.
The current Minister of Justice
(and Attorney General) is Rob Nicholson
.
At the time of Confederation
, the province of Canada had two Crown Law Departments, one for Canada West (now Ontario) and one for Canada East (now Quebec). At Confederation, the Crown Law Department, Canada West began to act as the new Department of Justice, reporting to Sir John A. Macdonald, who was Minister of Justice and Attorney General as well as the new Prime Minister. The Crown Law Department, Canada East became the new Department of the Militia, following its former Attorney General, George-Étienne Cartier.
The Department of Justice came into being
officially in May 1868, when the Department of Justice Act was passed by Parliament. The Act formally recognized the informal structure that was already in place. The Act also laid out the distinct roles of the Minister of Justice and the Attorney General: the Minister was a partisan political adviser to the Crown, while the Attorney General provided legal services.
The new Department of Justice had only seven staff: two barristers-at-law (including the Deputy Minister, Hewitt Bernard
), a clerk and shorthand writer (Macdonald's personal secretary), a copy clerk, a clerk articling under Macdonald, and two messengers.
The legal branch of the Department remained relatively small for many years. As late as 1939, the Department employed only seven lawyers. The Department's first woman lawyer, Henrietta Bourque, was hired in 1939, but the Department still remained heavily male-dominated. In the 25 years between 1939 and 1964, only five female lawyers were hired by the Department.
Although the Department of Justice Act had given the Department responsibility for all litigation for or against the government, many government departments hired their own lawyers to provide them with legal advice. In 1962, however, these departmental lawyers were brought together in a common legal service. Although many lawyers still work closely with other government departments in Department Legal Services Units, they are now considered to be employees of the Department of Justice.
Regional Offices were opened in Montreal (1965), Toronto (1966), Vancouver (1967), Winnipeg (1969) and Halifax, as well as in Edmonton, Saskatoon, the Northwest Territories, and Iqaluit, Nunavut.
The Department now employs 5,000 people, nearly half of whom are lawyers, in offices across the country.
has called for plans to create a Director of Public Prosecution as an independent role to deal with criminal cases involving government and public officials.
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
justice
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
system is fair, accessible and efficient. The Department also represents the Canadian government in legal matters. Almost all lawyers in the federal government are employed by Justice and are dispatched to manage the legal affairs of the other departments and agencies.
The headquarters of the Department of Justice is located at 275 Sparks Street
Sparks Street
Sparks Street is a street in downtown Ottawa, Canada that was converted into an outdoor pedestrian street in 1966, making it the earliest such street or mall in North America....
.
The current Minister of Justice
Minister of Justice (Canada)
The Minister of Justice is the Minister of the Crown in the Canadian Cabinet who is responsible for the Department of Justice and is also Attorney General of Canada .This cabinet position is usually reserved for someone with formal legal training...
(and Attorney General) is Rob Nicholson
Rob Nicholson
Robert Douglas "Rob" Nicholson, PC, QC, MP , is the Minister of Justice and Attorney General of Canada. He is a current member of the Canadian House of Commons, representing the riding of Niagara Falls for the Conservative Party and the current Minister of Justice after serving for one year as...
.
Justice Canada Current Structure
- Minister of Justice and Attorney GeneralMinister of Justice (Canada)The Minister of Justice is the Minister of the Crown in the Canadian Cabinet who is responsible for the Department of Justice and is also Attorney General of Canada .This cabinet position is usually reserved for someone with formal legal training...
- Deputy Minister (list)
- Associate Deputy Ministers
- Chief General Counsel
- Director General, Corporate Secretariat
- Director, Audit and Management Studies
- Executive Director, Office of Strategic Planning and Performance Management
- Director, Public Prosecutions Service of Canada
- Assistant Deputy Minister, Business and Regulatory Law Portfolio
- Assistant Deputy Attorney General, Aboriginal Affairs
- Assistant Deputy Attorney General, Litigation
- Assistant Deputy Attorney General, Tax Law
- Assistant Deputy Attorney General, Citizenship, Immigration and Public Safety Portfolio
- Assistant Deputy Minister, Central Agencies Portfolio
- Assistant Deputy Minister, Public Law Group
- Senior Assistant Deputy Minister, Policy Group
- Assistant Deputy Minister, Corporate Services
- Chief Legislative Counsel, Legislative Services
- Senior Regional Director, Atlantic Regional Office
- Senior Regional Director, Ontario Regional Office
- Senior Regional Director, Quebec Regional Office
- Senior Regional Director, B.C. Regional Office
- Senior Regional Director, Prairies Regional Office
- Senior Regional Director, Northern Region
- Director General, Communications
- Associate Deputy Ministers
- Deputy Minister (list)
History of the Department
Former Ministers of Justice include:- Allan RockAllan RockAllan Michael Rock, PC is a lawyer, former Canadian politician, diplomat and now the President of University of Ottawa. He was Canada's ambassador to the United Nations and had previously served in the Cabinet of Jean Chrétien, most notably as Justice Minister and Health Minister .Rock was...
- Joe ClarkJoe ClarkCharles Joseph "Joe" Clark, is a Canadian statesman, businessman, and university professor, and former journalist and politician...
- Irwin CotlerIrwin CotlerIrwin Cotler, PC, OC, MP was Canada's Minister of Justice and Attorney General of Canada from 2003 until the Liberal government of Paul Martin lost power following the 2006 federal election. He was first elected to the Canadian House of Commons for the constituency of Mount Royal in a by-election...
- Bob KaplanBob KaplanRobert Philip "Bob" Kaplan, is a former Canadian Cabinet minister and lawyer.Born in Toronto, Ontario, Kaplan received a Bachelor of Arts in 1958 and an LL.B in 1961 from the University of Toronto...
- Jean ChrétienJean ChrétienJoseph Jacques Jean Chrétien , known commonly as Jean Chrétien is a former Canadian politician who was the 20th Prime Minister of Canada. He served in the position for over ten years, from November 4, 1993 to December 12, 2003....
- Pierre TrudeauPierre TrudeauJoseph Philippe Pierre Yves Elliott Trudeau, , usually known as Pierre Trudeau or Pierre Elliott Trudeau, was the 15th Prime Minister of Canada from April 20, 1968 to June 4, 1979, and again from March 3, 1980 to June 30, 1984.Trudeau began his political career campaigning for socialist ideals,...
At the time of Confederation
Confederation
A confederation in modern political terms is a permanent union of political units for common action in relation to other units. Usually created by treaty but often later adopting a common constitution, confederations tend to be established for dealing with critical issues such as defense, foreign...
, the province of Canada had two Crown Law Departments, one for Canada West (now Ontario) and one for Canada East (now Quebec). At Confederation, the Crown Law Department, Canada West began to act as the new Department of Justice, reporting to Sir John A. Macdonald, who was Minister of Justice and Attorney General as well as the new Prime Minister. The Crown Law Department, Canada East became the new Department of the Militia, following its former Attorney General, George-Étienne Cartier.
The Department of Justice came into being
Coming into force
Coming into force or entry into force refers to the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect...
officially in May 1868, when the Department of Justice Act was passed by Parliament. The Act formally recognized the informal structure that was already in place. The Act also laid out the distinct roles of the Minister of Justice and the Attorney General: the Minister was a partisan political adviser to the Crown, while the Attorney General provided legal services.
The new Department of Justice had only seven staff: two barristers-at-law (including the Deputy Minister, Hewitt Bernard
Hewitt Bernard
Hewitt Bernard, was a Canadian lawyer, militia officer, editor, and civil servant.Hewitt was born in Spanish Town, Jamaica, educated in Bath, England and practiced law in Jamaica until the death of his father in 1850. He came to Canada and settled in Barrie, Upper Canada where he became part of...
), a clerk and shorthand writer (Macdonald's personal secretary), a copy clerk, a clerk articling under Macdonald, and two messengers.
The legal branch of the Department remained relatively small for many years. As late as 1939, the Department employed only seven lawyers. The Department's first woman lawyer, Henrietta Bourque, was hired in 1939, but the Department still remained heavily male-dominated. In the 25 years between 1939 and 1964, only five female lawyers were hired by the Department.
Although the Department of Justice Act had given the Department responsibility for all litigation for or against the government, many government departments hired their own lawyers to provide them with legal advice. In 1962, however, these departmental lawyers were brought together in a common legal service. Although many lawyers still work closely with other government departments in Department Legal Services Units, they are now considered to be employees of the Department of Justice.
Regional Offices were opened in Montreal (1965), Toronto (1966), Vancouver (1967), Winnipeg (1969) and Halifax, as well as in Edmonton, Saskatoon, the Northwest Territories, and Iqaluit, Nunavut.
The Department now employs 5,000 people, nearly half of whom are lawyers, in offices across the country.
Current initiatives
Prime Minister Stephen HarperStephen Harper
Stephen Joseph Harper is the 22nd and current Prime Minister of Canada and leader of the Conservative Party. Harper became prime minister when his party formed a minority government after the 2006 federal election...
has called for plans to create a Director of Public Prosecution as an independent role to deal with criminal cases involving government and public officials.
See also
- Supreme Court of CanadaSupreme Court of CanadaThe Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
- Criminal Code of CanadaCriminal Code of CanadaThe Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
- Young Offenders ActYoung Offenders ActThe Young Offenders Act was an act of the Parliament of Canada, granted Royal Assent in 1984, that regulated the criminal prosecution of Canadian youths...