ADAM DODEK  Contributed to The Globe and Mail

Published Tuesday, Jul. 08 2014, 12:34 PM EDT
Last updated Tuesday, Jul. 08 2014, 12:42 PM EDT

Minister of Justice Peter MacKay has confidently asserted two things about Bill C-36, the Government’s new proposed prostitution law: that it will certainly be challenged in the courts and that it is constitutional. Mr. MacKay is undoubtedly correct that there will another round in the legal battle over the country’s prostitution laws that will make its way back to the Supreme Court. Until then, we will not know if he is correct about the bill’s constitutionality.

Mr. MacKay can, however, back up his second claim by showing Members of Parliament and Canadians the legal advice that supports his confident assertion. And he should.

Canadian governments have remained steadfast in their refusal to publicly reveal the legal advice that forms the basis for many of their decisions. Governments love to rely on solicitor-client privilege – the protection afforded by the law to confidential communications between a client and lawyer. The Supreme Court of Canada has recognized solicitor-client privilege as a fundamental legal and civil right that enjoys constitutional protection in certain circumstances. For reasons that I have argued elsewhere, it does not make a lot of sense to talk about the government enjoying such constitutional protection.

For the rest of the post, click HERE

A McGill Law Journal podcast on this topic can be found here:

http://directory.libsyn.com/episode/index/show/mljpodcast/id/2649055

Description:

“Despite a significant place in the legal profession, little attention has been given to the unique ethical challenges of the government lawyer. We spoke with Professor Adam Dodek (University of Ottawa) and Michael Morris (Department of Justice) on their efforts to change that.”

The Department of Justice has published a Values and Ethics code on their website HERE.

Chapter I – Values

Introduction

The Government of Canada is committed to ensuring that the federal public sector^[1] remains professional, non-partisan and ethical, and worthy of the trust and respect of Canadians. As public servants, we contribute to good governance, to democracy and to the well-being of Canadian society. We are committed to respecting the law and to upholding the highest standards of integrity and fairness.

In accordance with section 6 of the Public Servants Disclosure Protection Act (PSDPA), the Values and Ethics Code of the Department of Justice (the Code) sets out the values and ethics that guide public servants at the Department in all their professional activities. It also provides a set of guidelines and principles to support ethical behaviour and decision making for all public servants. Established in consultation with the Department’s employees and bargaining agents, it is our common guide.

The public servants at the Department are proud to work together, drawing on the richness of its diverse staff. As a group, we are conscious of the fact that Canadians expect transparency and respect for the principle of accountability from public authorities at all levels and that this has an impact on their work.

This firm commitment to the values and ethics enshrined in the Code will allow us to carry out the mandate of the Department and build a healthy and productive work environment that fosters innovation, while at the same time meeting the high expectations of Canadians. This is our collective commitment, and it is our individual responsibility.

Table of Contents

• The Department of Justice
  • A Unique Role
  • A Diverse Community
• Chapter I – Values
  • Introduction
  • Objectives
  • Application
  • The Role of Public Servants
  • The Role of Ministers
  • Statement of Values and Expected Behaviours
    1. Respect for Democracy
    2. Respect for People
    3. Integrity
    4. Stewardship
    5. Excellence
  • Avenues for Resolution
  • Reference Documents
• Chapter II – Conflict of Interest and Post-Employment
  • Purpose
  • Definitions
  • Requirements for preventing and dealing with conflict of interest and post-employment situations
  • Prevention of conflict of interest
    1. General responsibilities and duties of a public servant
    2. Requirements for preventing and dealing with situations of conflict of interest during employment
       • 2.1 Assets
       • 2.2 Outside employment or activities
       • 2.3 Gifts, hospitality and other benefits
       • 2.4 Solicitation
       • 2.5 Avoidance of preferential treatment
    3. Requirements for preventing post employment conflict of interest situations before and after leaving office
       • 3.1 Before leaving employment
       • 3.2 Post-employment limitation period for public servants in designated positions
       • 3.3 Waiver or reduction of limitation period
    4. Resolution
    5. Consequences
• Annex A – Duties and Obligations
  • Public Servants
  • Managers
  • Deputy Minister
  • Assistant Deputy Minister, Management Sector
  • Centre for Ethics, Conflict Management and Wellness
  • Senior Officer for Disclosure
  • Treasury Board of Canada Secretariat – Office of the Chief Human Resources Officer
  • Public Service Commission
• Annex B – Assets, Liabilities and Trusts
  • Reportable Assets and Liabilities
  • Non-reportable Assets

For the full document, go to their website HERE.

Posted to ABLawg  on January 25, 2013 by Alice Woolley

For the webpage and PDF of the post, click HERE

Simon Fodden

Posted on Slaw website HERE on January 23, 2013

As most everyone will know, the story broke last week that lawyer Edgar Schmidt is suing the federal Attorney General because of a practice within the Department of Justice, where he is employed, that too easily finds legislation passing the Charter “sniff” test. Two documents in that case are available on Slaw via the links below. Continue reading →