Ministerial Responsibility for National Security - As It Relates to the Offices of Prime Minister, Attorney General and Solicitor General of Canada

• NCJ Number: 86326
• Author(s): J L J Edwards
• Date Published: 1980
• Length: 144 pages
• Sale Source: National Institute of Justice/; Canadian Government Publishing Ctr Supply and Services Canada
• Language: English
• Country: Canada
• Note: Study prepared for the Commission of Inquiry Concerning Certain Activities of the Royal Canadian Mounted Police

Annotation

This monograph traces the history of Canada's Ministry of Justice, Attorney General, and Solicitor General; compares their functions to counterparts in Great Britain; and describes the Prime Minister's and Solicitor General's responsibilities for the Royal Canadian Mounted Police (RCMP).

Abstract

A review of the legal foundations of the Ministry of Justice and the Attorney General's office covers the 1868 British North American Act, the 1873 North West Mounted Police Act, and the 1970 Royal Canadian Mounted Police Act. The monograph then discussed the offices of Attorney General and Solicitor General, with attention to the Government Organization Act of 1966 which transferred responsibilities for correctional facilities, parole and remission, and the RCMP from the Ministry of Justice and the Attorney General to the Solicitor General. The Dorian Inquiry is also considered because it investigated allegations of misconduct within the RCMP and the Ministry of Justice. Major differences in constitutional practices between Britain and the Commonwealth countries concerning Cabinet membership are explored, as is the relationship between the British Home Secretary and the Attorney General in criminal prosecutions and pardons. The British Home Secretary's responsibilities for police and security services are compared with those of Canada's Solicitor General. The book examines boundaries that should prevail between legitimate and improper considerations in developing policies and making decisions within the administration of criminal law, addressing how issues of national security are distinguishable from questions arising from ordinary criminal law. Concluding sections discuss the dimensions of ministerial responsibility as defined by constitutional theory and practice and describe the Prime Minister's and Solicitor General's responsibilities for the police and security service operations of the RCMP. The appendixes contain a paper on the Attorney General's role in Commonwealth countries and extracts from a 1977 meeting of the Commonwealth Law Ministers. The paper included 341 footnotes.