The case for introducing specific ethical standards for legislative drafters.

Abstract

In this thesis I examine the question of whether there should be specific ethical and related professional standards adopted within an existing code of professional conduct, such as the Canadian Bar Association's Code of Professional Conduct, for those who are responsible for drafting legislation and regulations in Canada. There are no such provisions in Canada at present. Some provincial law societies, including Alberta and Nova Scotia, have examined the issue of separate ethical rules for public sector practitioners but their professional codes are silent with respect to any specific obligations on those drafting legislation or regulations. Using the examples of conflict of interest, the duty of confidentiality, the obligation to safeguard solicitor-client privilege and lobbying, I argue that specific standards are necessary because it is necessary to maintain uniform professional standards. While the focus of my research will be the situation in Canada, I am including limited comparative information from the United States. (Abstract shortened by UMI.)