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The principle is credited to Sir Hartley Shawcross, then the Attorney General of England, who went on to become the lead British prosecutor in the Nuremburg Trials. He described in the British House of Commons in 1951 what he believed to be the proper relationship between Attorney Generals and the rest of the cabinet.

“In order so to inform himself, (the Attorney General) may, although I do not think he is obliged to, consult with any of his colleagues in the Government; and indeed, as Lord Simon once said, he would in some cases be a fool if he did not.

On the other hand, the assistance of his colleagues is confined to informing him of particular considerations, which might affect his own decision, and does not consist, and must not consist in telling him what that decision ought to be. The responsibility for the eventual decision rests with the Attorney-General, and he is not to be put, and is not put, under pressure by his colleagues in the matter.”

Shawcross went on to say that the AG should remain the sole judge for their decisions, especially if “political considerations” might affect those in government, and is responsible for the outcome of those decisions.

According to official documents, Attorney Generals both federally and provincially have chosen to adopt the Shawcross Principle, with the first documented use in 1978 concerning the Official Secrets Act. It has been cited in Canadian governmental rulings and debates in times where the independence of the attorney general was being challenged.

Throughout the SNC-Lavalin affair, the Shawcross Principle has been brought up as a point of discussion. While the principle states that the AG can consult with other members of government on policies and decisions, Trudeau and his cabinet members repeatedly meeting and putting pressure on Wilson-Raybould for a decision would indicate a step over that line.

“It is well established that the attorney general exercises prosecutorial discretion. She or he does so individually and independently,” Wilson-Raybould said in her opening remarks to the House of Commons justice committee. “These are not cabinet decisions.”

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