The CBA Public Sector Lawyers Section presents:

Special Duty of Civil Crown Counsel in Upholding the Rule of Law

October 24, 2019 | 12:00 PM to 1:30 PM Eastern
Teleconference

While it is no doubt correct and perhaps convenient to describe the Attorney General’s role as that of “Guardian of the Rule of Law,” it is more accurate (and eminently more practical) to view the Attorney General’s role as symbiotic with that of the Crown itself, particularly in civil matters (as opposed to criminal and quasi-criminal matters). Thus, it is best to describe the Attorney General as the Exclusive Interpreter of the Rule of Law, and the Crown itself as its ultimate guardian. This view does not serve to weaken the Attorney General’s independence, but rather to strengthen it. It is in fact essential that these corollary roles be well understood if we hope to preserve the Rule of Law in an increasingly populist era.  

Mr. Boucher’s remarks will be divided into two major parts: First, he will attempt to demonstrate the nature of the Crown/Attorney General symbiotic relationship and why governments would do well to afford much greater deference to the Attorney General’s advice in civil matters. This will lead Mr. Boucher to make the case for mentioning the special duty of civil Crown counsel in the Model Code of Professional Conduct of the Federation of Law Societies of Canada. In the second part of his presentation, Mr. Boucher will guide the participants through a few case studies to provide some practical advice on how to counsel government in civil matters and give some food for thought on what should be done when governments refuse to heed that advice.

Speaker:
Eric Boucher, Legislative Services Branch, New Brunswick Office of the Attorney General