Overview

The Attorney General is an elected Member of Provincial Parliament (MPP). They are chosen by the Premier and appointed by the Lieutenant Governor.

The Attorney General’s primary role and responsibilities are:

  • Chief Law Officer of the Government
  • criminal and provincial prosecutions
  • legislative drafting
  • civil litigation involving the government
  • administration of the courts
  • services delivered by the Ministry of the Attorney General

Chief Law Officer of the Government

As chief law officer, the Attorney General provides independent legal advice to the Government. The Attorney General has a special role to play in advising Cabinet to ensure the rule of law is maintained and that government actions are legally and constitutionally valid.

Criminal prosecutions

The Attorney General is responsible for the prosecution of criminal offences. Prosecutors are agents of the Attorney General and conduct the prosecutions.

The Attorney General does not have the authority to lay criminal charges or direct the police. The police may ask for legal advice from a prosecutor, but only police services can investigate and lay charges.

Once the charge is laid, the prosecutor will decide if and how a prosecution will proceed.

Details on the Attorney General’s role in criminal prosecutions can be found in the Crown Prosecution Manual.

Legislative responsibilities

The Attorney General has responsibilities associated with government legislation. This includes advising on the constitutionality, legality and legal fairness of legislation.

The Attorney General is also responsible for the Office of Legislative Counsel which drafts all bills and regulations. This ensures appropriate legal advice is provided when legislation is drafted.

Civil litigation

When there is a lawsuit involving the government, the Attorney General oversees civil litigation on behalf of the government and many of its agencies.

The Attorney General also has the authority to start litigation in cases directly affecting:

  • the government
  • government agencies, or
  • in cases where there is a clear matter of public interest or rights at stake

Court administration

The Attorney General is responsible for the administration of Ontario’s courts and is the contact between the government and the judiciary.

Judges and Justices of the Peace are appointed by the Attorney General but are fully independent of the government and do not report to the Attorney General.

Ministry of the Attorney General

The Ministry of the Attorney General provides a wide range of legal services to government and is responsible for providing a fair and accessible justice system that reflects the needs of all Ontarians.