In light of the recent SNC Lavellin affair, the Federal Government commissioned the Honourable A. Anne McLellan to right the “McLellan Report”. The goal of the report was to review the role of the Minister of Justice and Attorney General of Canada. The Attorney General of Canada is the Chief Law Officer of the Crown, and are to act in the public interest in a non-partisan manner. Alternatively, the Minister of Justice is the legal advisor to the Governor General. This role is inherently partisan, the Minister of Justice is responsible for the development of the Governor-in-Council’s justice policy. Therefore, the Attorney General of Canada is to “exercise their political judgment as a member of Cabinet, except when providing legal advice which must be independent and non-partisan.”
The inherent conflict is another example of a problem that we have repeatedly discussed in class. In-house counsel needs to be a separate role in order to function properly.