Schulich School of Law

Andrew Flavelle Martin

Assistant Professor of Law

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Schulich School of Law

Email: andrew.martin@dal.ca
Phone: 902-494-1027
Mailing Address: 
Room 419, Weldon Law Building
6061 University Avenue
PO Box 15000
Halifax, Nova Scotia B3H 4R2
 

Education

  • BSc (Hons.) (Queens)
  • JD, SJD (Toronto)
  • LLM (Georgetown)

Bar Admission

  • Law Society of Ontario, 2010

Bio:

Professor Martin articled at the Justice Policy Development Branch of the Ministry of the Attorney General (Ontario). He practiced as a law clerk and staff lawyer to the Court of Appeal for Ontario, where he advised Associate Chief Justice Alexandra Hoy and Justices Robert Sharpe, Harry LaForme, Stephen Goudge, and Bob Armstrong.

Professor Martin is a member of the Canadian Association for Legal Ethics, the Canadian Association of Law Teachers, and the Osgoode Society for Canadian Legal History.

Research:

My main interests are in the regulation of the legal profession. My research focuses on legal ethics for government lawyers and the Attorney General, a topic at the intersection of administrative law and constitutional law. I am also interested in the appropriate role for law society regulation of non-practicing lawyers, such as lawyer-politicians. I am available to supervise research in these areas and in other aspects of legal ethics and the law of lawyering.

More recently I have also focused on the role of Gladue principles in contexts outside criminal law sentencing.

As a person with mental illness, I am also interested in the regulation of lawyers with disabilities.

Teaching:

  • LAWS 1013 & 1023    Fundamentals of Public Law
  • LAWS 1008                 Introduction to Legal Ethics
  • LAWS 2172                 Advanced Legal Research
  • LAWS 2099                 Legal Profession

Selected Awards & Honours

  • Canadian Foundation for Legal Research grant (2020, 2021)
  • OBA Foundation Chief Justice of Ontario Fellow in Legal Ethics and Professionalism Research (2018-19)
  • SSHRC Joseph-Armand Bombardier Canada Graduate Scholarship – Doctoral (2014-15, 2015-16, 2016-17)
  • CIHR Fellow in Health Law, Ethics and Policy (2012-13, 2013-14, 2014-15)
  • Global Health Law Fellow, Georgetown University (2011-12)

Selected Publications

  • Andrew Flavelle Martin, “From Attorney General to Backbencher or Opposition Legislator: The Lawyer’s Continuing Duty of Confidentiality to the Former Client” (2021) 43:2 Manitoba Law Journal 247-259.
  • Andrew Flavelle Martin, “Folk Hero or Legal Pariah? A Comment on the Legal Ethics of Edgar Schmidt and Schmidt v Canada (Attorney General)” (2021) 43:2 Manitoba Law Journal 198-218.
  • Andrew Flavelle Martin, “Mental Illness and Professional Regulation: The Duty to Report a Fellow Lawyer to the Law Society” (2021) 58:3 Alberta Law Review 659-685.
  • Andrew Flavelle Martin, “Legal Ethics and Judicial Law Clerks: A New Doctrinal Account” (2020) 71 UNB Law Journal 248-274.
  • Andrew Flavelle Martin, “Gladue at Twenty: Gladue Principles in the Professional Discipline of Indigenous Lawyers” (2020) 4:1 Lakehead Law Journal 20-49 
  • Andrew Flavelle Martin, “The Implications of Federalism for the Regulation of Federal Government Lawyers” (2020) 43:1 Dalhousie Law Journal 363-395.
  • Andrew Flavelle Martin, “The Government Lawyer as Activist: A Legal Ethics Analysis” (2020) 41 Windsor Review of Legal & Social Issues 28-80.
  • Andrew Flavelle Martin, “Legal Ethics and Canada’s Military Lawyers” (2019) 97:1 Canadian Bar Review 727-755.
  • Andrew Flavelle Martin & Candice Telfer, “The Impact of the Honour of the Crown on the Ethical Obligations of Government Lawyers: A Duty of Honourable Dealing” (2018) 41:2 Dalhousie Law Journal 443-478.
  • Andrew Flavelle Martin, “Legal Ethics and the Political Activity of Government Lawyers” (2018) 49:2 Ottawa Law Review 263-303.
  • Andrew Flavelle Martin, “The Immunity of the Attorney General to Law Society Discipline” (2016) 94:2 Canadian Bar Review 413-445.
  • Andrew Flavelle Martin, “Consequences for Broken Political Promises: Lawyer-Politicians and the Rules of Professional Conduct” (2016) 10:2 Journal of Parliamentary & Political Law 337-349.
  • Andrew Flavelle Martin, “The Limits of Professional Regulation in Canada: Law Societies and Non-Practising Lawyers” (2016) 19:1 Legal Ethics 169-172.
  • Andrew Flavelle Martin, “The Attorney General as Lawyer (?): Confidentiality upon Resignation from Cabinet” (2015) 38:1 Dalhousie Law Journal 147-171.
  • Andrew Flavelle Martin, “Legal Ethics versus Political Practices: The Application of the Rules of Professional Conduct to Lawyer-Politicians” (2013) 91:1 Canadian Bar Review 1-37.