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Martin wrote a paper in 2015 that speculated about possible reasons for an attorney general to resign on principle, and whether in certain cases — for example, “attempting to interfere with the attorney general’s prosecutorial discretion” — the situation was serious enough to warrant breaking solicitor-client privilege and telling the public the reasons for the resignation.

If the allegations are true, “she should have resigned right away as attorney general,” Martin said. Even if she didn’t publicly declare why, “lawyers and people in the media and politics would say, wow, she resigned as AG. Something serious is going on.”

Photo by Adrian Wyld/The Canadian Press

SOLICITOR-CLIENT PRIVILEGE:

There are similar rules expected of lawyers — all lawyers, not only those in public office. As a lawyer by profession, and as the Attorney General at the time, her concern over what she can say is a legitimate one, law specialists say.

Solicitor-client privilege applies to communications between a lawyer and her client for the purpose of legal advice. It’s a strong seal of secrecy.

As Attorney General and Minister of Justice, Wilson-Raybould was the government’s top legal officer, making her responsible for the conduct of prosecutions on behalf of the government, but also a top legal advisor to the government. From the perspective she was a lawyer advising the government, it will restrict what she can say.

“The whole reason this is an issue is because of the AG’s non-partisan role in prosecutorial independence,” said Martin. The problem is “the attorney general hat, as people call it, is supposed to be the non-partisan, apolitical one.