An Act respecting the Department of Justice

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31 Victoria, c. 39 (Canada)

An Act respecting the Department of Justice.

[Assented to 22nd May, 1868.]

Preamble.

 Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Department constituted. Minister of Justice to preside: to be Atty. Gen.

1. There shall be a Department of the Civil Service of Canada, to be called “The Department of Justice” over which The Minister of Justice of Canada, for the time being, appointed by the Governor by Commission under the Great Seal, and who shall, ex-officio, be Her Majesty's Attorney General of Canada, shall preside; and the said Minister of Justice shall hold office during pleasure and shall have the management and direction of the Department of Justice.

Duties of the Minister: as official legal adviser of the Crown.

2. The duties of The Minister of Justice shall be as follows: He shall be the official legal adviser of the Governor and the legal Member of Her Majesty’s Privy Council for Canada; It shall be his duty to see that the administration of public affairs is in accordance with law;

As to Legislative Acts.

He shall have the superintendence of all matters connected with the administration of Justice in Canada, not within the jurisdiction of the Governments of the Provinces composing the same; He shall advise upon the Legislative Acts and proceedings of each of the Legislatures of the Provinces of Canada, and generally advise the Crown upon all matters of Law referred to him by the Crown;

General duties.

and he shall be charged generally with such other duties as may at any time be assigned by the Governor in Council to the Minister of Justice.

His powers and duties as Attorney General.

3. The duties ofThe Attorney General of Canada shall be as follows: He shall be intrusted with the powers and charged with the duties which belong to the office of the Attorney General of England by law or usage so far as the same powers and duties are applicable to Canada, and also with the powers and duties which by the laws of the several Provinces belonged to the office of Attorney General of each Province up to the time when the British North America Act, 1867 came into effect, and which Laws under the provisions of the said Act are to be administered and carried into effect by the Government of the Dominion;

Advising Heads of Departments

He shall advise the Heads of the several Departments of the Government upon all matters of Law connected with such Departments;

Instruments under Great Seal.

He shall be charged with the settlement and approval of all instruments issued under the Great Seal of Canada;

Penitentiaries and prisons

He shall have the superintendence of Penitentiaries and the Prison system of the Dominion;

Litigation for the Crown.

He shall have the regulation and conduct of all litigation for or against the Crown or any Public Department, in respect of any subjects within the authority or jurisdiction of the Dominion;

General duties

And he shall be charged generally with such other duties as may at any time be assigned by the Governor in Council to the Attomey General of Canada.

Appointment.

4. The Governor may also appoint a “Deputy of the Minister of Justice” who shall be charged, under the Minister of Justice,

with the performance of the departmental duties of The Minister of Justice and of The Attorney General of Canada, and with the control and management of the officers, clerks and servants of the Department, and with such other powers and duties as may be assigned to him by the Governor in Council.

Officers and Clerks of the Department.

5. The Governor may also appoint, subject to the Canada Civil Service Act, 1868, such officers, clerks and servants as may be requisite for the proper conduct of the business of the Department, all of whom, as well as the Deputy of the Minister, shall hold office during pleasure.

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