What is the difference between the Solicitor General & the Attorney General?

Last revised June 21, 2022

Federally

The Attorney General is both the Attorney General of Canada and the Minister of Justice of Canada. The Office is essentially that of the chief law officer of the Crown. In that capacity, the Attorney General is responsible for the conduct of prosecutions of offences on behalf of the Crown and serves as solicitor to the Crown in respect of any civil matters.

The Solicitor General of Canada was responsible for public safety and law enforcement.  In 2005, the Department of the Solicitor General Act, RSC 1985, c. S-13, was repealed and replaced with the Department of Public Safety and Emergency Preparedness Act, SC 2005, c. 10 (in force April 4, 2005 by SI/2005-29).

The Department of Public Safety and Emergency Preparedness coordinates the activities of the Royal Canadian Mounted Police, the Canadian Security Intelligence Service, the Canada Border Services Agency, the Canadian Firearms Centre, the Correctional Service of Canada and the National Parole Board, and establishes strategic priorities for those entities relating to public safety and emergency preparedness.

Provincially

In all provinces, the office of the Attorney General is established under the authority of section 92(14) of the Constitution Act, which gives the provincial legislatures authority over the administration of justice. However, the Attorney General of a province may be formally designated as the Attorney General, or as the provincial Minister of Justice, or both.

As the chief law officer in the province, the Attorney General ensures that public administration of the government is conducted according to the law, and the Office of the Attorney General oversees the bulk of prosecutions.

A Solicitor General is usually responsible for matters relating to policing, corrections, motor vehicles and liquor licensing. However, the functions assigned to the Solicitor General's office differ from province to province.  In some provinces, functions of the Solicitor General may be assumed by the Office of the Attorney General.

In British Columbia

In BC, the Attorney General presides over the Ministry of Justice, under the Attorney General Act, RSBC 1996, c. 22, and acts as the chief legal advisor to the government, in addition to overseeing the court system, and Sheriff Service.

A separate Ministry of the Solicitor General was first created in BC in 1988.  At other times, the Solicitor General portfolio has fallen under the authority of the Attorney General (AG).

Does the AG need to be a lawyer?

Not according to the BC Court of Appeal. 

The Court of Appeal, in Askin v. Law Society of British Columbia, 2013 BCCA 233, upheld the decision of Justice Stromberg-Stein in Askin v. Law Society of British Columbia, 2012 BCSC 895. 

The Supreme Court of Canada dismissed the application for leave to appeal.