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v=T2ACmJPhz3Q Today Im Gonna Try To Change The World True pro bono gets the bone Could students rise to the occasion giving Attorney General a lesson in Constitution Law? Could they persuade Denis Poitras 2b Frank September 9 2013? Docket 13 Facts must have root 2 take root God Coherency "Catch 22" must have semblance 2 catch doG chase tail www.Catch13.ca A stitch in time saves nine www.Tag13.com http://www.scribd.com/doc/158399284/Time-to-Sync-the-Forked-Tongue-Tines
Roles and Responsibilities of the Attorney General The role has been referred to as
"judicial-like" and as the "guardian of the public interest". JI? Judiciary Independence
Constitution Act, 1982 Canadian Charter of Rights and Freedoms Whereas Canada is founded on principles that recognize the
RAT Responsibly Accountable Tacit RUNS Responsibly Unaccountable Nuances Schematics Attorney General, guardian of the public interest 13. (1) The Attorney General for Ontario shall serve as the guardian of the public interest in all matters within the scope of this Act or having to do in any way with the practice of law in Ontario or the provision of legal services in Ontario, and for this purpose he or she may at any time require the production of any document or thing pertaining to the affairs of the Society. R.S.O. 1990, c. L.8, s. 13 (1); 1998, c. 21, s. 7 (1); 2006, c. 21, Sched. C, s. 13. Admissions (2) No admission of any person in any document or thing produced under subsection (1) is admissible in evidence against that person in any proceedings other than proceedings under this Act. R.S.O. 1990, c. L.8, s. 13 (2); 1998, c. 21, s. 7 (2). Protection of Minister (3) No person who is or has been the Attorney General for Ontario is subject to any proceedings of the Society or to any penalty imposed under this Act for anything done by him or her while exercising the functions of such office. R.S.O. 1990, c. L.8, s. 13 (3); 1998, c. 21, s. 7 (3). Responsibility for Court Administration (s. 5(c)) A key component of the Attorney General's responsibilities to ensure the administration of justice in the province is the administration of the courts and as a result the responsibility for maintaining liaison with the judiciary. Given
of judicial independence
must
be exercised in this area.
rule by law,
according to political science professor Li Shuguang: "The difference....is that, under the rule of law,
decision
as to whether the prosecution should proceed, and in what manner, is for the Attorney General and the Crown Attorney. www.RCMP13.com Mulroney protected in this manner as was the entire government organized crime http://www.scribd.com/doc/105694093/RCMP-Sarge-States-Apparently-I-Thought-Were-Actually-Goingto-Investigate-Government-Corruption-as-Per-Complaint and went on about God being the supreme authority, that sort of thing Rule of Law http://en.wikipedia.org/wiki/Rule_of_law The Rule of law in its most basic form is no one is above the law. Perhaps the most important application of the rule of law is the principle that governmental authority is legitimately exercised only in accordance with, publicly disclosed laws, adopted and enforced in accordance with established procedural steps that are referred to as due process. The rule of law is hostile to dictatorship and to anarchy. According to modern Anglo-American thinking, hallmarks of adherence to the rule of law commonly include
As chief law officer, the Attorney General has a special responsibility to be the guardian
www.Docket13.com
Continuance September 9 2013 www.FrankyGoesToCourt.info
http://en.wikipedia.org/wiki/Humpty_dumpty Humpty Dumpty sat on a wall, Humpty Dumpty had a great fall. All the king's horses and all the king's men Couldn't put Humpty together again.[1] Humpty appears in Lewis Carroll's Through the Looking-Glass (1872), where he discusses semantics and pragmatics with Alice. I dont know what you mean by glory, Alice said. Humpty Dumpty smiled contemptuously. Of course you donttill I tell you. I meant theres a nice knockdown argument for you! But glory doesnt mean a nice knock-down argument, Alice objected. When I use a word, Humpty Dumpty said, in rather a scornful tone, it means just what I choose it to mean neither more nor less. The question is, said Alice, whether you can make words mean so many different things. The question is, said Humpty Dumpty, which is to be master thats all. Alice was too much puzzled to say anything, so after a minute Humpty Dumpty began again. Theyve a temper, some of themparticularly verbs, theyre the proudestadjectives you can do anything with, but not verbshowever, I can manage the whole lot! Impenetrability! Thats what I say![15] This passage was used in Britain by Lord Atkin and in his dissenting judgement in the seminal case Liversidge v. Anderson (1942), where he protested about the distortion of a statute by the majority of the House of Lords.[16] It also became a popular citation in United States legal opinions, appearing in 250 judicial decisions in the Westlaw database as of April 19, 2008, including two Supreme Court cases (TVA v. Hill and Zschernig v. Miller).[17]
Do not do to others what you would not want done to self Recompense injury with justice and recompense kindness with kindness INJURY? Independent Negligent Judiciary Unscrupulous Righteous Yahoos ??????? To be determined
Responsibility for Court Administration (s. 5(c)) A key component of the Attorney General's responsibilities to ensure the administration of justice in the province is the administration of the courts and as a result the responsibility for maintaining liaison with the judiciary. Given
of judicial independence
must
be exercised in this area.
(c) shall superintend all matters connected with the administration of justice in Ontario; (d) shall perform the duties and have the powers that belong to the Attorney General and Solicitor General of England by law and usage, so far as those powers and duties are applicable to Ontario, and also shall perform the duties and powers that, until the Constitution Act, 1867 came into effect, belonged to the offices of the Attorney General and Solicitor General in the provinces of Canada and Upper Canada and which, under the provisions of that Act, are within the scope of the powers of the Legislature; (e) shall advise the Government upon all matters of law connected with legislative enactments and upon all matters of law referred to him or her by the Government; (f) shall advise the Government upon all matters of a legislative nature and superintend all Government measures of a legislative nature; (g) shall advise the heads of ministries and agencies of Government upon all matters of law connected with such ministries and agency; (h) shall conduct and regulate all litigation for and against the Crown or any ministry or agency of government in respect of any subject within the authority or jurisdiction of the Legislature; (i) shall superintend all matters connected with judicial offices; (j) shall perform such other functions as are assigned to him or her by the Legislature or by the Lieutenant Governor in Council. " What follows is an overview of the various components of the Attorney General's roles and responsibilities, primarily as outlined in the Act.
It is now an accepted and important constitutional principle that the Attorney General must carry out the Minister's criminal prosecution responsibilities independent of Cabinet and of any partisan political pressures. The Attorney General's responsibility for individual criminal prosecutions must be undertaken and seen to be undertaken - on strictly objective and legal criteria, free of any political considerations. Whether to initiate or stay a criminal proceeding is not an issue of government policy. This responsibility has been characterized as a matter of the Attorney General acting as the Queen's Attorney - not as a Minister of the government of the day. This is not to suggest that decisions regarding criminal prosecutions are made in a complete vacuum. A wide range of policy considerations may be weighed in executing this responsibility, and the Attorney General may choose to consult the Cabinet on some of these considerations. However any decisions relating to the conduct of individual prosecutions must be the Attorney General's alone and independent of the traditional Cabinet decision making process. In practice, in the vast majority of cases, these decisions are made by the Attorney General's agents, the Crown Attorneys. An important part of the Crown's - and thus the Attorney General's - responsibility in conducting criminal prosecutions is associated with the responsibility to represent the public interest - which includes not only the community as a whole and the victim, but also the accused. The Crown has a distinct responsibility to the court to present all the credible evidence available.
The responsibility is to present the case fairly - not necessarily to convict. This is a fundamental precept of criminal law, even if it is not a particularly well-understood concept among the general public. One of the Attorney General's responsibilities in fostering public respect for the rule of law, is to assist the public in understanding the nature and limits of the prosecutorial function. Ultimately the Attorney General is accountable to the people of the province, through the Legislature, for decisions relating to criminal prosecutions. Such accountability can only occur, of course, once the prosecution is completed or when a final decision has been made not to prosecute. The sub judicae rule bars any comment on a matter before the courts that is likely to influence the matter. The sub judicae rule strictly prohibits the Attorney General from commenting on prosecutions that are before the courts. Given the stature of the Attorney General's position, any public comment coming from the office would be seen as an attempt to influence the case. Although the Attorney general can become involved in decision-making in relation to individual criminal cases, such a practice would leave the Minister vulnerable to accusations of political interference. Accordingly, it is traditional to leave the day-to-day decision-making in the hands of the Attorney General's agents, the Crown Attorneys, except in cases of exceptional importance where the public would expect the Attorney General to be briefed.
The Attorney General's legislative responsibilities are played out in a variety roles. The Office of Legislative Counsel reports to the Attorney General. Legislative Counsel plays a key role in ensuring the legal integrity of Government legislation. Although the Legislative Counsel's reporting relationship to the Attorney General does allow the Attorney General to provide guidance and set standards, individual pieces of legislation are drafted on instructions from client ministries and are not within the sole control of Legislative Counsel or the Attorney General. It should also be noted that Legislative Counsel also has a direct responsibility to the Legislature as the Office also drafts all private member's bills. The Attorney General has a further role to play as part of whatever Cabinet Committee is formed to review legislation and regulations. Here the Minister has an opportunity to comment on the technical issues related to legislation and regulations prior to Cabinet consideration. The Attorney General's role on legislative matters is as an adviser to the Cabinet. Although unlikely, Cabinet could, in theory, receive the Attorney General's legal opinion on legislation and choose to disregard it. The Attorney General's role is not independent of Cabinet decision making as in the area of criminal prosecutions. As was noted earlier, the Attorney General must make careful distinctions about the legal opinions and policy or political preferences being offered about legislation.
http://www.scribd.com/doc/71333371/Who-Would-Be-Foolish-Enough-to-Leave-a-Paper-Trail http://www.scribd.com/doc/158399284/Time-to-Sync-the-Forked-Tongue-Tines