Legal Counsel

ELIGIBILITY FOR THIS COMPETITION IS RESTRICTED TO STEP 1 CANDIDATES INCLUDING OPS ALOC AND OCAA LAWYERS living or working within 125 km of this location. Note: Eligible lawyers from outside the Area of Search may apply but will not be entitled to relocation or travel expenses for the transfer as set out below.

Step 1: All regular/fixed-term OCAA and ALOC lawyers on staff, current Redeployment List Members and current Articling Student Hireback Pool Members.
Step 2: In the absence of qualified applicants at Step 1 the competition may be reposted so that external applicants or non-members of the above-mentioned groups would then be eligible to apply.

The Indigenous Justice Division (IJD) is dedicated to addressing justice issues that impact Indigenous communities and people. IJD is committed to building strong, positive, and respectful relationships with Indigenous communities within Ontario in order to improve trust in, and understanding of, the justice system. The Division provides advice to the Attorney General and Deputy Attorney General on matters relating to Indigenous justice, including legal issues.

In partnership with other divisions and justice sector ministries and the Ministry of Indigenous Affairs Ontario, IJD provides strategic leadership and advice on a spectrum of Indigenous-related justice matters. IJD also provides strategic support to the Indigenous Justice Group and Elders' Council and collaborates with counterparts across the ministry to ensure that ministry programming responds to the needs of Indigenous Peoples.

Please be advised that the results of this competition may be used to form an eligibility list of qualified candidates to potentially fill future vacancies.

OPS Commitment to Diversity, Inclusion, Accessibility, and Anti-Racism:

We are committed to build a workforce that reflects the communities we serve and to promote a diverse, anti-racist, inclusive, accessible, merit-based, respectful and equitable workplace.

We invite all interested individuals to apply and encourage applications from people with disabilities, Indigenous, Black, and racialized individuals, as well as people from a diversity of ethnic and cultural origins, sexual orientations, gender identities and expressions.

Visit the OPS Anti-Racism Policy and the OPS Diversity and Inclusion Blueprint pages to learn more about the OPS commitment to advance racial equity, accessibility, diversity, and inclusion in the public service.

We offer employment accommodation across the recruitment process and all aspects of employment consistent with the requirements of Ontario's Human Rights Code. Refer to the "How to apply" section if you require a disability-related accommodation.

What can I expect to do in this role?

• Undertakes research and analysis on initiatives, involving various legal policy issues related to improving justice outcomes for Indigenous people. Develops options papers and related legal and policy documents in order to provide advice to Assistant Deputy Attorney General (ADAG), Senior Counsel, Minister and senior ministry officials on the proper disposition of legal and policy issues. This duty involves the ability to determine hypothetical alternatives, to assess the public policy and legal implications of each and to evaluate the practical and legal impact of legislation.
• Drafts and/or co-ordinates the drafting of Cabinet submissions and slide presentations for the consideration of the policy committees of Cabinet and for Cabinet itself. Participates and provides advice in the development of a strategic policy framework related to justice policy and public engagement to improve justice outcomes for Indigenous people. Undertakes the drafting of legislation and regulations in collaboration with Legislative Counsel, for presentation to the Legislation and Regulations Committee of Cabinet. Prepares House Book Notes and related briefing materials for the Minister and senior ministry staff.
• Prepares legal policy analysis and advice on issues relating to the Attorney General's responsibilities as Minister and Chief Law Officer. Prepares legal opinions and related advice to senior ministry officials on issues relating to MAG's administration of justice mandate with a focus on improving Indigenous justice issues. Prepares materials and represents MAG on federal/provincial/territorial (FPT) Indigenous justice tables.
• Works collaboratively with the Civil Law Division to provide IJD input into strategic litigation decisions and litigation drafting with a view to reducing the negative impact of litigation on the relationship between the Ministry and Indigenous communities and providing necessary context for civil litigators to understand the systemic barriers and impact of assimilative government laws and policies on Indigenous communities and people.
• Manages and/or participates on MAG project teams, inquiries and inter-ministerial committees, including serving as counsel or project director, in order to develop and implement components of the ministry's business plan and legislative program in the area of supporting Indigenous justice. Participates in and assumes lead responsibility for corporate and strategic policy co-ordination and development projects, facilitating cross-divisional linkages, processes and systems for a consistent ministry approach to address justice issues affecting Indigenous people. Participates in the implementation of ministry projects resulting from legislative initiatives.
• Analyzes Private Member's Bills, drafts Cabinet Submissions and other proposals prepared by other ministries and reports on their implications for Indigenous justice.
• Undertakes engagement with Indigenous political organizations, communities, Elders and community members with respect to legal and policy issues relating to the administration of justice, including developing detailed engagement plans, supporting collaborative tables and organizing and participating on advisory committees. Travel may be required.

How do I qualify?

Mandatory

• Membership in good standing as a lawyer with the Law Society of Ontario

Knowledge and Skills

• Knowledge of the structures of the justice system, the unique roles of the Attorney General, the judiciary and the bar, and the influence of such structures and roles on the actions of government; knowledge of the Canadian Constitution, the Charter of Rights and Freedoms, the statutes of Ontario and common legal precepts to interpret statutes, provide legal policy and strategic advice to the ADAG, Director, Minister and senior ministry officials that reflect the ministry's responsibilities within the justice system.
• Knowledge of and experience with criminal law and process.
• Demonstrated knowledge of the legal, policy and program delivery issues associated with the justice system, with a focus on the history of the Crown's relationship with Indigenous people, the history and cultures of Indigenous people, the finding and recommendations of the final reports of the Royal Commission on Aboriginal Peoples, the Truth and Reconciliation Commission of Canada, the National Inquiry into Missing and Murdered Indigenous Women and Girls Final Report, treaties and other issues to provide advice and support for the development of a strategic policy framework, policy framing and issues management to support the reclamation of Indigenous legal principles and systems.
• Knowledge of Aboriginal case law, including the duty to consult and accommodate Indigenous communities, the Honour of the Crown, fiduciary duty and other legal developments in Aboriginal law that have a direct impact on government roles and responsibilities relating to Indigenous Peoples.
• Familiarity with issues identified in the Honourable Frank Iacobucci's report "First Nations Representation on Ontario Juries" to support the implementation of the recommendations of the report.
• Demonstrated knowledge of appropriate Indigenous cultural and community protocols, including with respect to engaging with Elders and respectfully interacting with Indigenous organizations and communities on justice issues affecting Indigenous people.
• Understanding of anti-colonial theory, critical Indigenous theory, and anti-racism theories.
• Knowledge of government decision-making and policy development processes, the role played by central agencies and line ministries; with knowledge and experience with the Cabinet decision-making procedures guide and legislative approval processes to prepare draft legislation, draft and/or coordinate the drafting of Cabinet submissions and slide presentations for presentation/consideration of the ministry, Cabinet and its committees.
• Knowledge of the ministry's business plan initiatives and stakeholder environment to support the implementation of ministry programs.
• Knowledge of transfer payment agreements to assist in developing /negotiating agreements with Indigenous organizations.
• Working experience and team/project leadership, management skills and coordination to manage and/or participate on Ministry project teams, inquiries and inter-ministerial committees, either as counsel or project director, to develop and implement components of the ministry's legislative program related to improving Indigenous justice outcomes.
• Research, analytical and organizational skills and extensive experience to undertake complex legal research and analysis and draft research papers.
• Written/oral communications skills and experience to develop and to co-ordinate the development of options papers, briefing materials, Cabinet submissions, presentation materials and provide strategic advice for senior management and Cabinet.
• Communication, interpersonal and stakeholder relationship skills with political acuity to work in partnership with, and to value the skills of, colleagues in other professional disciplines, to interact on a professional footing with representatives of the judiciary, Indigenous political organizations and communities, and the private bar and facilitate cross-divisional linkages for a consistent ministry approach to address justice issues affecting Indigenous people.
• Proficiency in understanding and speaking an Indigenous language or languages is an asset.
• Proficiency and skills in computer operations, internet, and software applications (e.g., word processing, presentation) to conduct on-line legal research and prepare a variety of materials (legal opinions, Cabinet submissions).