Questions of conflict, time management arise as Manitoba government MLA juggles work as politician, lawyer

A law professor says the perception created by Mark Wasyliw working as a criminal lawyer while serving as a Manitoba government MLA is worrying and could erode public trust, even if no conflict-of-interest rules are broken.

Wasyliw, the NDP representative in Fort Garry, revealed this week he would continue his law practice, rather than shut it down as he previously promised, after being overlooked for cabinet.

His explanation didn't satisfy Premier Wab Kinew, who told an unrelated news conference "all of us should understand that public service is more than a full-time job."

Andrew Flavelle Martin, an assistant professor at Dalhousie University's law school in Halifax, said Wasyliw's continued law practice deserves scrutiny now that he's in government. 

As a criminal defence lawyer, Wasyliw would argue against Crown attorneys employed by the government he's part of.

"I think once you're an MLA for the governing party, there's two sets of issues — and one is are you intimidating the Crown, or is there a perception you're intimidating the Crown?" said Martin, whose research focuses on the legal ethics for government lawyers. 

The other set of issues could be fighting government laws, Martin said. As a criminal lawyer, Wasyliw would largely examine federal law, but maybe he'd be "required to do something as part of his duty of resolute advocacy that embarrassed the [provincial] government?" Martin said.

"And then would he be less likely to fully pursue that because, for example, he has aspirations of being in cabinet and doesn't want to make the government look bad?"

Martin insists he isn't suggesting any lawyer is unethical, "but it's more the public perception that they might be tempted to, or there might be that pressure on them."

For its part, the independent regulator of Manitoba's lawyers doesn't see Wasyliw's responsibilities as a criminal defence lawyer as compromising.

"When we look at conflicts of interest, we're merely looking at a lawyer's obligations to comply with our code of professional conduct, can they maintain their clients' confidentiality and can they maintain their duty of loyalty to a client?" Law Society of Manitoba chief executive officer Leah Kosokowsky said in an interview Wednesday with CBC Manitoba's Up to Speed. 

"By generally sitting as an MLA and sitting on the backbench, we don't see that as a conflict of interest."

Martin said he understands the ethics of Wasyliw's law practice won't bother some. 

"Even if the Law Society is correct that it's not a concern for them, I would with much respect suggest that maybe it should be, or it might be in the future depending on what happens," he said.