The Department of Justice (DOJ) was established in 1868, when the Department of Justice Act was passed. It is often described as the oldest and biggest law firm in the country. The DOJ has around 5,000 employees of which roughly one half are lawyers. The other half consists of a broad range of professionals, including paralegals, social scientists, program managers, communications specialists, administrative services personnel, computer service professionals and financial officers.

The mission of the DOJ is to:

• support the Minister of Justice in working to ensure that Canada is a just and law-abiding society with an accessible, efficient and fair system of justice;
• provide high-quality legal services and counsel to the government and to client departments and agencies; and
• promote respect for rights and freedoms, the law and the Constitution.

The DOJ fulfills three roles within the Government of Canada. It acts as:

• a policy department with broad responsibilities for overseeing all matters relating to the administration of justice that fall within the federal domain — in this capacity, it helps to ensure a fair, relevant and accessible justice system for all Canadians;
• a provider of a range of legal advisory, litigation and legislative services to government departments and agencies; and
• a central agency responsible for supporting the Minister in advising Cabinet on all legal matters.

The DOJ’s responsibilities reflect the dual role of the Minister of Justice, who is also the Attorney General of Canada. In general terms, the Minister is concerned with the administration of justice, including policy in such areas as criminal law, family law, human rights law, and Indigenous justice. The Attorney General is the chief law officer responsible for conducting all litigation for the federal government.

As the government’s legal adviser, the DOJ helps develop, reform and interpret laws; plays an important role in criminal law reform and developing federal government policy; and plays an active part in developing public safety and security laws, such as the Anti-Terrorism Act. The DOJ also works with the provinces and territories on child-centred family justice initiatives.

DOJ lawyers also support the Attorney General in conducting a wide range of litigation. They defend the government and provide legal services on behalf of other federal departments and agencies. A considerable portion of litigation is carried out in such complex areas as taxation, immigration and Indigenous law.

The federal practice of law is diverse. Lawyers may be asked to help develop policy, draft legislation and regulations, draft contracts, conduct a criminal case as a Crown prosecutor, defend or initiate a civil action, intervene before the Supreme Court of Canada, or appear before a parliamentary committee or a commission of inquiry.

Federal public sector lawyers face many challenges. A federal practitioner wears two hats, those of a public servant and lawyer. This may bring into play competing interests. A federal practice involves certain areas of law in particular, due to matters of federal interest. Indigenous and admiralty law are two examples. Also, administrative and constitutional law are fundamental to a federal practice. The Crown is the defendant in Charter litigation and the Attorney General conducts criminal litigation under the Criminal Code and a variety of other statutes.

Litigation counsel are more likely to practise before the Federal Court, the Tax Court or the Supreme Court of Canada. There is a tendency by other members of the legal profession and members of the public to hold public sector lawyers to a higher standard before the courts because they are public servants. An example is when DOJ lawyers intervene in cases before the Supreme Court of Canada.

Federal lawyers often find the practice of public law to be interesting and rewarding, with broader potential areas of specialization, fewer business development challenges and less billing pressure than the typical private practice of law.

The views expressed in this article are from a personal perspective and do not represent the views or the positions of the Department of Justice or those of the Government of Canada.