The ‘Unique Role’ of Government Lawyers in Canada

Abstract

Discussions and depictions of lawyers in Canada largely ignore a significant segment of the legal population: government lawyers. Canada is a modern liberal democratic state with a significant public sector employing a large number of lawyers in many public sector settings. Lawyers who work directly for the executive branch -government lawyers -are a special subset of public lawyers. These government lawyers are 'unique' in many respects. They do not have paying clients as do private sector lawyers. Their client is 'the Crown' -an abstract emanation of the state. This article explains the unique role of government lawyers in Canada as derived from the historic and legislative responsibilities of the Attorney General. It then addresses questions that arise for government lawyers in Canada in public law litigation.