Federation of Law Societies: Towards a Deeper Understanding of the Principles of Fundamental Justice

Abstract

<p>In Attorney General of Canada v. Federation of Law Societies of Canada, Cromwell J., writing for the majority, recognized a new principle of fundamental justice under section 7: a lawyer’s duty of commitment to the client’s cause. Discussion surrounding Federation of Law Societies has generally focused on the importance of solicitor-client privilege and of its significance for the independence of the bar. Relatively less consideration, however, has been given to how this case contributes to section 7 Charter jurisprudence more broadly. This paper seeks to fill this gap by exploring how Justice Cromwell’s reasons in Federation of Law Societies develop our understanding of the principles of fundamental justice. Specifically, this paper considers four insights that may be drawn from Cromwell J.’s analysis of the lawyer’s commitment to the client’s cause as a principle of fundamental justice explores, namely: (i) a principle of fundamental justice may be sub-divided into different aspects or variations of the same principle; (ii) solicitor-client privilege is not the only aspect of a lawyer-client relationship that has a constitutional dimension; (iii) this principle is distinctive as compared to previously-recognized ones, in that it is justified by engaging with a non-state actor’s role in the architecture of the legal system; and (iv) this one evades being classified as either a substantive or procedural principle. </p>