Legal Ethics and the Attorney General: A Canadian Analysis

In Canada, the Attorney General holds a complex and unique role within the federal, provincial, and territorial governments. Despite this key position, there is relatively little knowledge and understanding of the role and professional responsibilities of the Attorney General among the public, the media, policymakers, and politicians – including at least some Attorney Generals themselves. Legal Ethics and the Attorney General adopts a doctrinal approach to examine and explain how legal ethics, and particularly the law of lawyering, applies to the Attorney General. The book illustrates that, while the role of the Attorney General is unique, the individual occupying this position practises law and should be held to the same standards as any other lawyer. It addresses common misconceptions: that the Attorney General is not truly a lawyer, that actions deemed wrongful for other lawyers may not be considered wrongful for the Attorney General, or that the accountability measures appropriate for lawyers do not apply to the Attorney General. Ultimately, Legal Ethics and the Attorney General reveals the importance of the accountability of the Attorney General, especially to the provincial and territorial law societies that serve as regulators of the legal profession. This accountability is essential not only for upholding the rule of law but also for enabling these societies to fulfil their statutory mandates to regulate the legal profession in the public interest.