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Attorney General Duties

Our Human Rights
Attorney General Duties

By Summary Judgement

  1. The Attorney General is appointed by the Governors by Commission under the Great Seal, must preside over the Ministries of Justice;
  2. The Attorney General must see that the administration of public affairs is in accordance with the rule of law;
  3. The Attorney General must superintend all matters connected with the administration of justice;
  4. The Attorney General must advise the heads of the ministries of the government on all matters of the rule of law involving human rights violations connected with the ministries;
  5. The Attorney General‘s duties have been referred to as “judicial-like” and as the “guardian of the rule of law”. The rule of law safeguards common law individuals, society at large, and the personal liberties of citizens against any arbitrary measures of the CRA;
  6. The Attorney General advises the Cabinet in order to ensure that the Cabinet’s actions are legal and constitutionally valid and that the rule of law is maintained. This type of legal advice, provided by the Attorney General, differs significantly from the Attorney’s General policy advice; while the latter could be disregarded, the former should not;
  7. As the queens’ representatives, the Attorney General‘s prime responsibility and duty is to protect human rights and fundamental freedoms;
  8. The Attorney General’s litigation duties are regarded as a constitutional responsibility which include protection of the public interest and public human rights in the country;

POWERS, DUTIES AND FUNCTIONS OF THE ATTORNEY GENERAL as defined under provincial legislation

ATTORNEY GENERAL ACT [RSBC 1996] CHAPTER 22 <http://www.bclaws.ca/civix/document/id/complete/statreg/96022_01>
Ministry as established under the Constitution Act 1867 not some civil legislated act claiming imaginary authority over the common law Attorney General of British Columbia.
1  (1) The Attorney General of British Columbia, appointed by the Lieutenant Governor by Commission under the Great Seal, must preside over the Ministry of Justice.
(2) The Attorney General is her Majesty's Attorney General for British Columbia, holds office during pleasure, and has the management and direction of the ministry of Justice.

2  The Attorney General

(a) is the official legal adviser of the Lieutenant Governor and the legal member of the Executive Council,
(b) must see that the administration of public affairs is in accordance with law,
(c) must superintend all matters connected with the administration of justice in British Columbia that are not within the jurisdiction of the government of Canada,
(d) must advise on the legislative acts and proceedings of the Legislature and generally advise the government on all matters of law referred to the Attorney General by the government,
(e) is entrusted with the powers and charged with the duties which belong to the office of the Attorney General and Solicitor General of England by law or usage, so far as those powers and duties are applicable to British Columbia, and also with the powers and duties which, by the laws of Canada and of British Columbia to be administered and carried into effect by the government of British Columbia, belong to the office of the Attorney General and Solicitor General,
(f) must advise the heads of the ministries of the government on all matters of law connected with the ministries,
(g) is charged with the settlement of all instruments issued under the Great Seal of British Columbia,
(h) [Repealed 1997-7-17.]
(i) has the regulation and conduct of all litigation for or against the government or a ministry in respect of any subjects within the authority or jurisdiction of the legislature, and
(j) is charged generally with duties as may be assigned by law or by the Lieutenant Governor in Council to the Attorney General.
3 Compliance with standards established by Attorney General
4 Relator action not required to protect use of title
5 Staff
6 Annual report
Ministry
1  (1) The Attorney General of British Columbia, appointed by the Lieutenant Governor by Commission under the Great Seal, must preside over the Ministry of Justice.
(2) The Attorney General is her Majesty's Attorney General for British Columbia, holds office during pleasure, and has the management and direction of the ministry.

The power ranking in the province is clearly stated above! The Attorney General of British Columbia, appointed by the Lieutenant Governor by Commission under the Great Seal, must preside over the Ministry of Justice.


POWERS, DUTIES AND FUNCTIONS OF THE ATTORNEY GENERAL as defined under federal legislation

POWERS, DUTIES AND FUNCTIONS OF THE ATTORNEY GENERAL
Marginal note:Powers, duties and functions of Attorney General
5. The Attorney General of Canada
• (a) is entrusted with the powers and charged with the duties that belong to the office of the Attorney General of England by law or usage, in so far as those powers and duties are applicable to Canada, and also with the powers and duties that, by the laws of the several provinces, belonged to the office of attorney general of each province up to the time when the Constitution Act, 1867, came into effect, in so far as those laws under the provisions of the said Act are to be administered and carried into effect by the Government of Canada;
• (b) shall advise the heads of the several departments of the Government on all matters of law connected with such departments;
• (c) is charged with the settlement and approval of all instruments issued under the Great Seal;
• (d) shall have the regulation and conduct of all litigation for or against the Crown or any department, in respect of any subject within the authority or jurisdiction of Canada; and
• (e) shall carry out such other duties as are assigned by the Governor in Council to the Attorney General of Canada.
• R.S., c. J-2, s. 5.


The Attorney General of Canada is charged with the settlement and approval of all instruments issued under the Great Seal, above tab!
Separating the Offices of the Attorney General and Minister of Justice

"by Adam Dodek
The time has come to begin seriously considering whether to separate the long-fused offices of Attorney General and Minister of Justice. The Attorney General is responsible for providing legal advice to the executive branch of government and for representing the government in all legal proceedings. In certain matters, the Attorney General is supposed to act completely independently in the public interest without reference to partisan politics. The Attorney General is known as the “defender of the Rule of Law” and indeed, under federal and provincial legislation, the AG is charged with seeing “that the administration of public affairs is in accordance with the law.” Conversely, the Minister of Justice, as the name suggests, is the Minister responsible for the Justice portfolio, developing policy and drafting legislation for this area."

"Whereas the Provinces of Canada, Nova Scotia, and New Brunswick have expressed their Desire to be federally united into One Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a Constitution similar in Principle to that of the United Kingdom"
From <http://laws-lois.justice.gc.ca/eng/Const/FullText.html>

It recently has come to light that in the United Kingdom, from whom we inherited the office of the Attorney General which is a constitutionally named position and the Minister of Justice (Lord Chancellor and Secretary of State for Justice) are two separate positions. The Minister of Justice is a member of Cabinet while the Attorney General is not; although the latter does attend cabinet.
The British position would seem to undercut our Canadian arguments about the efficacy of the fusion of the two offices. Especially when no authority can be found granting the government the authority to combine the common law position and the civil law position into one!

"CONSTITUTION ACT, 1982 (80)
1982, c. 11 (U.K.), Schedule B
PART I
CANADIAN CHARTER OF RIGHTS AND FREEDOMS
Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:"

Apparently The Attorney General is known as the “defender of the Rule of Law” the administration of public affairs is in accordance with that rule of law

The rule of law follows the supremacy of God in authority at the constitutional level.

That same constitution which grants the federal and provincial legislation restricted authority over the classes of subjects so enumerated and that does not include the Attorney General's government, private individuals, private businesses or other private organizations which are not subject to government legislation
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