The Department of Justice provides legal and policy
advice on issues relevant across the mandate of the federal
government. Justice lawyers have the opportunity to be
involved in virtually every aspect of the law, from the
development of policy, to the drafting of legislation, and
from litigation to the provision of legal advice to client
departments and agencies. The structure of the Department also
means that different counsel in different offices, and indeed,
in different cities, might work on any aspect of a file,
collaboratively bringing their own specialized knowledge and
experience to bear on the issues at hand. While some areas of
practice are focused on more than others in particular
Regional Offices, generally speaking, practicing law in the
Department of Justice means working in one or more of the
following areas:
ABORIGINAL LAW
Counsel provide litigation, policy and legal advisory services,
primarily to the Department of Indian Affairs and Northern
Affairs, on the broad and rapidly developing area of aboriginal
law, including aboriginal rights, specific and comprehensive
land claims, self-government and Indian Residential Schools.
The Aboriginal Law Section has functional responsibility within
the Department of Justice to ensure consistency in policy
and practice regarding aboriginal law matters.
BUSINESS AND REGULATORY LAW
The Business and Regulatory Law Portfolio is one of the largest
and most varied in the Department of Justice. Counsel in this
portfolio provide litigation, policy and legal advisory services
to client departments and agencies whose mandates have in
common a strong regulatory, business or public safety component.
These client departments include Correctional Service of Canada,
Environment Canada, Fisheries and Oceans, National Defence,
the RCMP, Health Canada and Transport Canada.
CIVIL LAW
The Department of Justice is a bilingual and bijural
organization, reflecting the very nature of our justice system
in Canada. Lawyers and notaries in this area of practice
interpret and apply the Civil
Code of Quebec as it relates to the work of the federal
government. They are also involved in international activities
in La
Francophonie, Eastern Europe and the Council of Europe,
and work to promote access to legal services in both English
and French under the auspices of the National
Program for the Integration of Both Official Languages in the
Administration of Justice (POLAJ).
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COMMERCIAL
LAWCommercial transactions and property law issues
arise in a variety of contexts and situations among the
Department of Justice's many client departments and agencies.
The Department's commercial law work is also rapidly expanding
into the e-commerce area.
CRIMINAL AND
SOCIAL POLICYMaking the law and the justice system
more equitable and working to ensure that Canadian criminal
and family law are serving the changing needs of Canadian
people, are the challenges of counsel working in this area.
Issues such as family violence and child sexual abuse; youth
justice; reproductive technologies and other medical-legal
issues; equality and equity; sentencing; firearms control and
aboriginal justice are among the many in which counsel in this
area of practice are involved.
ENVIRONMENTAL LAW
Counsel provide direct legal services to clients such as Environment
Canada and the Canadian Environmental Assessment Agency, as
well as working on the environmental law issues that arise
in the ongoing business of other federal departments and agencies,
including Parks Canada, Indian Affairs and Northern Affairs
and Fisheries and Oceans.
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IMMIGRATION
LAW
Counsel practicing in the Immigration Law area represent the Minister
of Citizenship and Immigration in hearings and are involved in complex
legal and policy issues that involve international, constitutional
and administrative law issues.
LABOUR LAW
Justice lawyers are involved in all aspects of the law
regulating employment in the federal sector in Canada,
including equity and harassment issues and the implementation
and enforcement of federal labour law.
LEGISLATIVE
LAWCounsel in Legislative Services draft all
government-sponsored bills and examine government regulations
and statutory instruments for form, validity and compliance
with the Charter and other federal legislation. Counsel work
with linguistic revisors and legislative editors to assist
them in their duties.
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LITIGATIONJustice lawyers are
involved in all aspects of civil, criminal and tax litigation
across the country, including civil proceedings, criminal
prosecutions under a variety of federal statutes, and income
tax appeals. Litigation lawyers work in close contact with
their colleagues in Departmental Legal Service Units and
client departments and agencies in their role of representing
the federal government before courts and tribunals.
PUBLIC LAW
The Department of Justice carries out a wide variety of
public law responsibilities, providing advice and policy
support on constitutional, international, aboriginal, human
rights and administrative law issues, as well as on matters
involving official languages and judicial affairs. Counsel in
this area are the source of expertise in the law that governs
the structure and operations of government, and in addition to
providing advice and support on legal issues, they also
support public law reform in such areas as administrative law
and procedure and private international law.
TAX LAW (TAX
LITIGATION)Counsel conduct litigation in all civil
appeals from income tax and GST assessment, as well as in
collections matters. They also handle certain appeals under
the Canada
Pension Plan and the Employment
Insurance Act. The Department also provides support and
advice on the interpretation of the Income Tax Act and works
closely with the Canada Customs and Revenue Agency in this and
related matters. Counsel appear before the Tax Court and
Federal Court of Canada across the country.
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