Act respecting the Ministère de la Justice

Act respecting the Ministère de la Justice
Name	Act respecting the Ministère de la Justice
Type	Statute
Jurisdiction	Quebec
Enacted by	National Assembly of Quebec
Enacted	1965
Status	in force

Act respecting the Ministère de la Justice

The Act respecting the Ministère de la Justice is a provincial statute that establishes the Ministère de la Justice and defines its mandate within Quebec public administration. It delineates the responsibilities of the Minister of Justice, the organizational structure of the ministry, and the legal framework for justice administration, linking statutory functions to institutions such as the Cour supérieure du Québec, Court of Appeal of Quebec, and provincial prosecutorial services. The Act operates alongside other statutes including the Civil Code of Quebec, the Charter of the French Language, and federal instruments like the Canadian Charter of Rights and Freedoms.

Background and Legislative History

The legislative origin of the statute traces to reforms in the 20th century that mirrored administrative changes in provinces such as Ontario and British Columbia. Debates in the National Assembly of Quebec reflected influences from commissions and inquiries including recommendations reminiscent of the Royal Commission on Bilingualism and Biculturalism and comparative studies from the Rousseau Commission and the Trudeau government era federal reforms. Early versions interacted with codifications like the Civil Code of Lower Canada and subsequent modernizations informed by jurisprudence from the Supreme Court of Canada, decisions such as R v Oakes, and provincial jurisprudence from courts in Montreal and Quebec City. Amendments over decades responded to institutional developments tied to bodies like the Barreau du Québec, the Directeur des poursuites criminelles et pénales, and administrative law evolutions exemplified by precedents from the Council of State of France reform models.

Purpose and Scope of the Act

The Act defines the mandate to provide legal services, policy development, and administration for civil and criminal justice matters involving provincial jurisdiction, interfacing with institutions such as the Public Curator of Quebec, the Tribunal administratif du Québec, and the Office des professions du Québec. It assigns responsibility for legal representation of the Crown in civil matters as seen in litigation involving entities like the Société de transport de Montréal or regulatory actions akin to those under the Charter of Human Rights and Freedoms (Quebec). The scope includes drafting of statutes, regulatory oversight similar to frameworks used by the Ministry of Justice (France), delivery of legal aid paralleling programs in United Kingdom and Australia, and coordination with federal departments including Justice Canada on matters related to the Criminal Code and intergovernmental agreements such as the Canada–Québec Accord on Immigration.

Structure and Functions of the Ministère

The Act prescribes an internal organization with senior officials mirroring models in administrations such as the Ministry of Justice (Ontario) and ministries in the United Kingdom, including deputy ministers, general counsel, and specialized directorates aligned with entities like the Commission des normes, de l'équité, de la santé et de la sécurité du travail. Functions established under the statute include legal drafting in coordination with legislative bodies like the National Assembly of Quebec committees, provision of legal opinions to ministries such as the Ministère de la Santé et des Services sociaux (Quebec), management of litigation involving Crown corporations like Hydro-Québec, and oversight of prosecutorial policy linked to offices akin to the Director of Public Prosecutions (Canada).

Powers and Duties of the Minister and Officials

The Act vests authority in the Minister of Justice to appoint officials, set priorities, and represent the ministry before tribunals including the Supreme Court of Canada when provincial interests are engaged. It outlines duties comparable to responsibilities held by ministers in France, the United Kingdom, and Australia: issuing directives to agencies, presenting legislative initiatives to the National Assembly of Quebec, and coordinating with judicial appointment processes alongside bodies such as the Barreau du Québec and advisory committees similar to the Judicial Advisory Committee (Canada). The Act authorizes the Minister to delegate functions to deputy ministers and to enter into intergovernmental agreements with authorities like Justice Canada and provincial counterparts in Ontario and New Brunswick.

Administrative Organization and Agencies

Under the Act, the Ministère supervises affiliated agencies and public bodies, including prosecutorial services analogous to the Directeur des poursuites criminelles et pénales, administrative tribunals such as the Tribunal administratif du Québec, and oversight of legal aid schemes similar to provincial panels in British Columbia and Alberta. The statute provides the framework for establishing or funding institutions like the Public Curator of Quebec, regulatory coordination with the Commission d'accès à l'information, and collaboration with professional orders such as the Ordre des ingénieurs du Québec when legal matters arise. It also contemplates administrative arrangements for data, archives, and records management consistent with practices in bodies like the Bibliothèque et Archives nationales du Québec.

Accountability, Oversight, and Amendments

Accountability mechanisms in the Act require reporting to the National Assembly of Quebec and oversight through legislative committees, echoing parliamentary scrutiny models used in the House of Commons of Canada and provincial legislatures such as Ontario Legislative Assembly. Judicial review by the Cour supérieure du Québec and appeal routes to the Court of Appeal of Quebec and ultimately the Supreme Court of Canada provide legal oversight. The statute has been amended periodically to address issues raised by entities like the Barreau du Québec, human rights organizations such as the Canadian Civil Liberties Association, and inquiries reminiscent of the Bouchard-Taylor Commission; amendments have involved procedural updates, alignment with the Canadian Charter of Rights and Freedoms, and modernization of administrative procedures in line with practices from the Council of Europe and comparative Commonwealth jurisdictions.

Category:Quebec law