Volunteers recruited by departments or agencies do not fall within the definition of Crown servant in the Directive. Therefore, separate arrangements for compensation coverage should be considered. The procurement of legal services should respect the spirit of the Treasury Board Contracting Policy while taking into account the practical realities of the legal system and the environment in which the Department of Justice and the government operate. The acquisition and selection of private sector law firms and lawyers should take into account the principles and requirements set out in this Directive, taking into account the specificities and circumstances of the work to be outsourced. This balance is intended to ensure that the Department of Justice is able to retain the legal services of competent, qualified and motivated private law firms and lawyers in a manner that effectively and efficiently meets operational needs in a prudent and responsible manner. In order to demonstrate sound stewardship of public resources and value for money, contracts for legal services must be performed in a manner that: The purpose of this policy is to establish the principles and requirements associated with the procurement of legal services by the Government of Canada to ensure that these contracts are performed in a diligent and responsible manner. 7.1 In addition to the costs specified in requirement 6.1.14 of the policy, responsible organizations shall pay out of their budgets for all costs associated with errors or inappropriate application of the terms and conditions of this policy. A decision on compensation or legal aid does not preclude internal review of the conduct of Crown counsel. Treasury Board policy calls for the decision to be made by the Deputy Minister. In the Department of Justice, the Deputy Minister has delegated primary responsibility for this decision to a Deputy Minister who consults with the ADAG (criminal law) and others necessary for the decision. WPS Directors are reminded that any claims, costs or expenses related to this policy must be reported to the DAAG (Civil Procedure) to facilitate compliance with the oversight function set out in Article 9 of the Treasury Board. Politics.

6.1.3 Eligibility: When deciding whether to approve an application for legal aid or compensation, it shall be ensured that the Crown staff member completes: 6.1.10 Retroactive Approval: In cases where it was practically unreasonable for the Crown employee to obtain prior approval from the licensing authority and the imminent need for legal services was required: to protect the interests of the Crown staff member, decide on the retroactive authorization of counsel, provided that the Crown employee has made the request as soon as possible thereafter. The licensing authority may retroactively grant mutual legal assistance where it was practically unreasonable to obtain prior authorization and the need for legal services was directly necessary to protect the interests of the Crown officer. In this case, the Crown employee must apply for authorization as soon as possible thereafter. It should be noted that the Crown employee must still meet the basic eligibility criteria set out in the Directive in order for the application to be approved. However, if members are hired under a service contract or serve the Advisory Board or Council on a voluntary basis, they are not eligible (see subsection 6.1.11). This section does not apply to the Office of the Auditor General, the Office of the Privacy Commissioner, the Office of the Information Commissioner, the Office of the Chief Electoral Officer, the Office of the Commissioner of Lobbying, the Office of the Commissioner of Official Languages and the Office of the Public Sector Integrity Commissioner. Deputy heads of these organizations are solely responsible for monitoring and ensuring compliance with this policy within their organizations and for responding to non-compliance in accordance with all Treasury Board instruments dealing with the management of compliance. This policy statement means that the operational presumption is that Crown agents have doubts as to whether their actions meet the basic eligibility criteria, unless there is information to the contrary. However, if it appears that the Crown employee has not acted in accordance with the basic eligibility criteria or has not complied with other relevant requirements of the Directive, the licensing authority may at any time terminate the assistance and demand a refund of the funds paid. Costs covered would be legal fees provided by the Department of Justice or private legal counsel (if approved by the Department of Justice), as well as paralegals, travel costs for lawyers, and the use of experts. The costs shall be borne by the organisation in which the act or omission giving rise to the request first took place or by the budget of its successor organisation. If there is no successor, the Clerk of the Privy Council determines from which budget the expenses are to be paid.

The general policy of the Department of Justice is that in-house counsel perform legal work within the statutory mandate of the Department. Footnote 1.On occasion, however, the Department of Justice also relies on private law firms and legal practitioners appointed as legal representatives to assist in the delivery of legal services. Legal agents provide legal services under contract with the Department of Justice. Managers seeking more information on how the policy works should contact the Office of the Legal Counsel at Department of Justice Headquarters. If criminal proceedings are instituted against a Crown attorney who is entitled to compensation or legal assistance, the services of a private lawyer will be maintained. Requests for mutual legal assistance relating to investigations under the Act on the Protection of Disclosure of Information to Public Officials would be rejected as they are internal investigations considered inadmissible under the Directive. 3.1 The provision of legal assistance and compensation to Crown personnel is essential to the protection of the Crown`s interests, the fair treatment of its staff and the effective administration of an organization. Public servants may be subject to claims or legal proceedings even if they act in good faith, in the performance of their duties or in the course of their employment. It is therefore necessary that they receive adequate legal representation and be protected from personal liability as long as they do not act against the interests of the Crown. 6.1.16 Private Legal Counsel: In cases where there is a conflict of interest between the Crown and the Crown employee, or where the employee is charged with a criminal offence, the employee shall decide whether or not to authorize payments for a private lawyer after consulting with the Department of Justice Canada on the appropriateness of retaining such private counsel. This consultation includes the name of the proposed private legal counsel and the proposed scale for private legal counsel. If this source of assistance is deemed adequate and private legal advice is permitted, the licensing authority must grant written authorization to the Crown employee, including the selection of private legal counsel, the limits of the Crown`s obligation, both in terms of total expenditures and approved fee schedules, and the requirement for the Department of Justice Canada to audit accounts.

Where legal aid has been granted to a Crown employee who met the criteria set out in 6.1.5 but was subsequently found to be in bad faith, or where it has been determined that the public servant did not act within the scope of his or her duties or employment, ensure that recovery measures equivalent to legal aid or compensation paid are considered and implemented; and this amount constitutes a debt to the Crown. 6.1.8 Exceptional circumstances: decision on legal assistance or compensation in the cases referred to in 6.1.6 where the Crown servant fails to meet one or more of the three basic eligibility criteria set out in 6.1.5, provided that the licensing authority, after consultation with the Advisory Committee on Legal Assistance and Compensation, believes that it is in the public interest to approve the application. 6.1.12 Termination and Restoration of Mutual Legal Assistance: Ensure that mutual legal assistance is terminated if, at any time during or after the proceedings, it becomes apparent that the Crown servant did not meet the basic eligibility criteria set out in section 6.1.5 or was not further qualified in the exceptional circumstances described in section 6.1.8.