Editing King's Counsel (section)

===Canada===

{{See also|Category:Canadian King's Counsel}}

====<span class="anchor" id="Constitutional authority to appoint King's Counsel">Constitutional authority for appointments</span>====

In Canada, both the federal government and the provincial governments have the constitutional authority to appoint a lawyer as King's Counsel.<ref name="bailii.org">[http://www.bailii.org/uk/cases/UKPC/1897/1897_49.html ''Attorney General for the Dominion of Canada v Attorney General for the Province of Ontario''], [1897] UKPC 49, [1898] AC 247.</ref>

During the reign of a queen, the title is properly "Her Majesty's Counsel learned in the law"<ref>For example, the ''Legal Profession Act'' (Nova Scotia), s. 78(1) and ''The Queen's Counsel Act'' (Saskatchewan), s. 2</ref> but normally referred to as "Queen's Counsel" and abbreviated "Q.C." in English or "c.r." in French ({{lang|fr|conseiller de la reine}} or {{lang|fr|conseillère de la reine}} for a female counsel). During the reign of a king, the title is "King's Counsel" or "K.C." in English, but continues to be "c.r." in French ({{lang|fr|conseillier du roi}} or {{lang|fr|conseillière du roi}}).

====Criticisms and reforms====

Lawyers continue to be appointed King's Counsel by the federal government and by nine of the ten [[Provinces and territories of Canada|Canadian provinces]]. The award has been criticised in the past on the basis that appointment as King's Counsel depended largely on political affiliation.<ref name="ManQC">{{cite web|url=https://www.gov.mb.ca/chc/press/top/2001/01/2001-01-09-01.html|title=Manitoba Government News Release: Queen's Counsel Appointments Replaced To Reflect Modern Times: Mackintosh - New 'Senior Counsel' Designation by Law Society To Recognize Excellence in the Legal Profession|date=9 January 2001|access-date=19 January 2012|url-status=dead|archive-url=https://web.archive.org/web/20111027024736/http://www.gov.mb.ca/chc/press/top/2001/01/2001-01-09-01.html|archive-date=27 October 2011}}</ref> However, in those provinces which continue to appoint lawyers as King's Counsel reforms have been made to de-politicise the award. Candidates are increasingly screened by committees composed of representatives of the bench and the bar, who give advice to the relevant Attorney General on appointments. The reforms have been designed to make the award a recognition of merit by individual members of the bar, often coupled with community service.

====Appointments by jurisdiction====

=====Federal government=====

The federal government stopped appointing Queen's Counsel in 1993, but resumed the practice in 2013 under the [[Harper Ministry]].<ref name="Gov.ca 20131211">{{Cite web |url=http://www.justice.gc.ca/eng/news-nouv/nr-cp/2013/doc_33009.html |archive-url=https://web.archive.org/web/20131220194656/http://www.justice.gc.ca/eng/news-nouv/nr-cp/2013/doc_33009.html |url-status=dead |archive-date=20 December 2013 |title=Justice Canada: Designation of Queen's Counsel |date=11 December 2013 |access-date=13 December 2013}}</ref> Appointments are recommended by the Minister of Justice, assisted by an advisory committee. In 2014, the government appointed seven lawyers as Queen's Counsel. All were employed in the federal public service.<ref>"[http://news.gc.ca/web/article-en.do?nid=913609 Justice Canada:  Designation of Queen's Counsel]", 11 December 2014. {{webarchive |url=https://web.archive.org/web/20151231171201/http://news.gc.ca/web/article-en.do?nid=913609 |date=31 December 2015 }}</ref>

Since 2015, under the [[29th Canadian Ministry|Trudeau Ministry]], federal appointments as a Queen's Counsel (or King's Counsel since 8 September 2022) has been limited to the [[Attorney General of Canada]]. [[Jody Wilson-Raybould]] was appointed as Queen's Counsel when she served as Attorney General and [[David Lametti]] was appointed a Queen's Counsel on 15 April 2019.<ref>"[http://orders-in-council.canada.ca/attachment.php?attach=37696&lang=en Order in council PC 2019-0375]", 15 April 2019.</ref>

=====Alberta=====

The [[Executive Council of Alberta|provincial Cabinet]] appoints lawyers, of at least 10 years' standing, as King's Counsel.<ref>[http://www.qp.alberta.ca/documents/Acts/Q01.pdf ''Queen's Counsel Act''] {{Webarchive|url=https://web.archive.org/web/20150927010442/http://www.qp.alberta.ca/documents/Acts/Q01.pdf |date=27 September 2015 }}, RSA 2000, c Q-1, ss 1, 2.</ref> Traditionally, the appointments are made every second year, but no appointments were made between 2016 and 2020. The nomination process resumed in 2019. Applications are reviewed by a screening committee of members of the judiciary and the legal community, which submitted recommendations for appointment to the Minister of Justice and Solicitor General and Cabinet for consideration, who in turn recommends names to Cabinet.<ref>{{cite web |url=https://documents.lawsociety.ab.ca/wp-content/uploads/2019/08/signed-letter-to-the-profession-august-2019.pdf |archive-url=https://ghostarchive.org/archive/20221009/https://documents.lawsociety.ab.ca/wp-content/uploads/2019/08/signed-letter-to-the-profession-august-2019.pdf |archive-date=2022-10-09 |title=Letter from Doug Schweitzer, Minister of Justice and Solicitor General, to the Law Society of Alberta |publisher=Law Society of Alberta |date=1 August 2019 |access-date=1 September 2021 |url-status=live}}</ref> In 2020, the province designated over 130 lawyers as Queen's Counsel,<ref>[https://www.qp.alberta.ca/documents/Orders/Orders_in_Council/2020/2020_061.html Alberta Order-in-Council 61/2020, 4 March 2020.]</ref> and another round of appointees in February 2022.

=====British Columbia=====

{{See also|List of King's Counsel Appointments in British Columbia}}

King's Counsel are appointed by the provincial Cabinet on the advice of the [[Attorney General of British Columbia]]. No more than 7% of the bar of British Columbia can be awarded the designation. Before making the recommendation to Cabinet, the Attorney General is required by statute to consult with the [[British Columbia Court of Appeal|Chief Justice of British Columbia]], the Chief Justice of the [[Supreme Court of British Columbia]], and two lawyers appointed by the [[Law Society of British Columbia]]. A recipient must have at least five years' standing at the bar of British Columbia.<ref name = BCQC>[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-393/latest/rsbc-1996-c-393.html ''Queen's Counsel Act''], RSBC 1996, c 393.</ref>

In practice, the Attorney General appoints an advisory committee which includes these officials and also the Chief Judge of the [[Provincial Court of British Columbia|Provincial Court]], the president of the British Columbia Branch of the [[Canadian Bar Association]] and the [[Deputy Attorney General|deputy attorney general]]. Candidates must be acknowledged by their peers as leading counsel, have demonstrated exceptional qualities of leadership in the profession, or have done outstanding work in legal scholarship.<ref name = "BC 2020">[https://www2.gov.bc.ca/gov/content/justice/for-legal-professionals/queens-counsel British Columbia:  Queen's Counsel Nomination Process.]</ref>

In 2020, the province designated twenty-six lawyers as Queen's Counsel, from a group of 136 nominees.<ref>[https://news.gov.bc.ca/releases/2020AG0078-002114 British Columbia News Release (22 December 2020):  "26 lawyers appointed as Queen's counsel."]</ref>

The [[Attorney General of British Columbia]] is automatically appointed as King's Counsel on taking office.<ref name = BCQC/>

=====Manitoba=====

The government of Manitoba stopped appointing Queen's Counsel in 2001. Existing designations had remained in effect.<ref>"[http://www.mhs.mb.ca/docs/people/counsel.shtml Manitoba Queen's Counsels / King's Counsels]". Manitoba Historical Society.</ref> In 2019, Manitoba re-instituted the Queen's Counsel designation.<ref>{{Cite web |url=https://www.gov.mb.ca/justice/crown/queencounsel/index.html |title=Manitoba Justice: Queen's Counsel. |access-date=1 October 2019 |archive-date=1 October 2019 |archive-url=https://web.archive.org/web/20191001001335/https://www.gov.mb.ca/justice/crown/queencounsel/index.html |url-status=dead }}</ref> Appointments are made by the [[Law Society of Manitoba]].<ref name="ManQC" />

=====New Brunswick=====

The Lieutenant Governor appoints King's Counsel on the advice of a committee comprising the [[Chief Justice of New Brunswick]], the [[Attorney General of New Brunswick]], and the president of the [[Law Society of New Brunswick]]. The committee's recommendation must be unanimous.<ref>''Queen's Counsel and Precedence Act'', SNB 2012, c 113, s 2.</ref> Recipients must have 15 years of active practice of the law in New Brunswick, with extensive experience before the courts, or demonstrate exceptional service to the profession. The [[Deputy Attorney General]] of New Brunswick and deans of New Brunswick law schools may also be appointed. The number recommended for appointment shall not exceed 1% of the members of the bar in New Brunswick who are not already designated, and the Lieutenant Governor shall only make appointments once per year.<ref>[https://releve.canlii.org/en/nb/laws/regu/nb-reg-84-270/latest/nb-reg-84-270.html ''Queen's Counsel Regulation''], NB Reg 84-270, ss 3, 4, 6 and 7.{{dead link|date=July 2017 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> In 2016, the province designated eleven lawyers as Queen's Counsel.<ref>{{cite press release |url=http://www2.gnb.ca/content/gnb/en/news/news_release.2016.10.1013.html |title=2016 Queen's counsel appointments named |publisher=Government of New Brunswick |date=21 October 2016}}</ref>

=====Newfoundland and Labrador=====

The Lieutenant Governor in Council appoints King's Counsel, on the recommendation of the Minister of Justice. The Minister is required to consult with the Legal Appointments Board, which consists of five individuals appointed by the Minister: two are from a list recommended by the [[Law Society of Newfoundland and Labrador]], one is to be a lawyer from outside the metropolitan area of St John's, one is to be a bencher, and one is to be a lawyer with less than ten years at the bar.<ref>[http://www.assembly.nl.ca/legislation/sr/statutes/q02.htm ''Queen's Counsel Act''], RSNL1990, c Q-2, ss 3 and 7.</ref> The appointments process has been criticised in the past as lacking transparency and being too open to political appointments.<ref>"[http://bondpapers.blogspot.ca/2006/03/rumpole-and-old-boy-net-newfoundland.html Rumpole and the Old Boy Net, Newfoundland and Labrador version]"</ref> In 2017, the government appointed eleven lawyers as Queen's Counsel.<ref>"[http://www.releases.gov.nl.ca/releases/2017/exec/0113n02.aspx Local Lawyers Recognized for Achievements]". Government of Newfoundland and Labrador (press release), 13 January 2017.</ref>

=====Nova Scotia=====

The Lieutenant Governor appoints King's Counsel on the advice of the provincial Cabinet. Recipients must have at least 15 years as a member of the bar of Nova Scotia.<ref>[http://nslegislature.ca/legc/statutes/legalpro.htm ''Legal Profession Act''], SNS 2004, c 28, s 78.</ref> The Minister of Justice is advised by an independent advisory committee, through the Nova Scotia Barristers' Society.<ref name="Nova Scotia 2017">"[https://novascotia.ca/news/release/?id=20170223001 Nova Scotia Lawyers Receive Prestigious Designation]", 23 February 2017.</ref> Eligible candidates can apply, or they can be nominated by others. Applications generally open in September of each year, with appointments made annually.<ref>"[http://nsbs.org/queens-counsel-process Queen's Counsel Process] {{Webarchive|url=https://web.archive.org/web/20140630205028/http://nsbs.org/queens-counsel-process |date=30 June 2014 }}". Nova Scotia Barristers' Society.</ref>

According to the criteria published by the Nova Scotia Barristers' Society on the nomination form, candidates must demonstrate professional integrity, good character and outstanding contributions to the practice of law through recognition by other members of the profession as an exceptional barrister or solicitor, exceptional contributions through legal scholarship, teaching or continuing legal education, demonstration of exceptional qualities of leadership in the profession, and engaging in activities of a public or charitable nature in such a way as to raise the esteem in which the legal profession is held by the public.<ref name = "nsbs">{{Cite web |url=http://nsbs.org/sites/default/files/cms/forms/QCinformationform.pdf |title=Information Form: Queen's Counsel Appointments |access-date=8 April 2016 |archive-url=https://web.archive.org/web/20160314122619/http://nsbs.org/sites/default/files/cms/forms/QCinformationform.pdf |archive-date=14 March 2016 |url-status=dead }}</ref> The Nova Scotia Barristers' Society also indicates that the committee is asked to consider regional, gender and minority representations among the persons recommended for appointment.<ref name = "nsbs"/> In 2017, the government appointed 14 lawyers as Queen's Counsel.<ref name = "Nova Scotia 2017" />

=====Ontario=====

From 1985 to 2022, the Government of [[Ontario]] stopped making appointments. In 1985, then-Premier of Ontario [[David Peterson]] made a statement in the house giving five reasons:
# the designation was originally meant to recognise excellence in the courtroom, but the practice in Ontario was that it could be given to any lawyer, regardless of courtroom experience;
# the use of the designation misled the public, because it was more based on who one knows than what one knows;
# it was unfair to lawyers who for whatever reason have not been designated, leading to questions about their standing in the profession;
# no other profession received government awards of this type; and
# the designation had been used in Ontario mainly as a form of political patronage.<ref>{{cite web|title=Ontario Legislative Assembly, Official Records for 10 December 1985|url=http://www.ontla.on.ca/web/house-proceedings/house_detail.do?locale=en&Sess=1&Parl=33&Date=1985-12-10#P40_8240|work=HANSARD|access-date=16 December 2013|archive-url=https://web.archive.org/web/20131216190426/http://www.ontla.on.ca/web/house-proceedings/house_detail.do?locale=en&Sess=1&Parl=33&Date=1985-12-10#P40_8240|archive-date=16 December 2013|url-status=dead}}</ref>

In his statement, Premier Peterson stated that the government would stop awarding the designation and would move to revoke existing designations. Although the government did stop awarding the designation, it did not formally abolish it. Lawyers appointed as Queen's Counsel prior to 1985 continued to use the QC (KC) or cr [[List of post-nominal letters in Canada|postnominal letters]].<ref name="Slaw 20120103">{{Cite web | url=http://www.slaw.ca/2012/01/03/queens-counsel-appointments/ |title=Queen's Counsel Appointments |last=Mirreau |first=Shaunna |publisher=Slaw |date=3 January 2012 |access-date=13 December 2013}}</ref> In response to the government's decision, the [[Law Society of Upper Canada]], the governing body for Ontario lawyers, implemented the [[Law Society Medal]] in 1985 to recognise excellence in the profession. Recipients are entitled to use "LSM" behind their names.<ref>"[http://www.lsuc.on.ca/law-society-medal/ The Law Society Medal]". Law Society of Upper Canada, December 2015.</ref>

Lawyers who are designated Certified Specialist are recognized and experienced in their field of law and have met high standards imposed by the Law Society of Ontario.<ref>{{Cite web|url=https://lso.ca/lawyers/about-your-licence/manage-your-licence/certified-specialists|title=Certified Specialists - About the Certified Specialist Program|website=Law Society of Ontario}}</ref> This is commonly identified as modern day replacement to the Queen's Counsel (QC) designation.<ref>{{Cite journal|last=Alnaji|first=Yassir|title=Bill 203: The Legal Profession Amendment Act (Queen's Counsel Appointments)|journal=Manitoba Law Journal|date=2018 |volume=41|issue=1|pages=461|doi=10.29173/mlj1080 }}</ref>

Ontario courts continued to recognize the Queen's Counsel designations of Ontario lawyers appearing before it where those lawyers were accorded the honorific by the Federal Government.<ref>See, for example, Croft Michaelson, Q.C., an Ontario lawyer employed by the federal government and [http://www.ontariocourts.ca/decisions/2016/2016ONCA0582.htm so appointed in 2014].</ref>

On 30 June 2023, the Attorney General for Ontario reinstituted the practice of appointing King's Counsel, in honour of the [[coronation of Charles III]].<ref>[https://news.ontario.ca/en/bulletin/1003229/ontario-reinstitutes-kings-counsel-designation Ontario Newsroom:  BULLETIN:  "Ontario Reinstitutes King's Counsel Designation", 30 June 2023.]</ref> Until the designation's reinstitution in 2023, there were calls from some members of the Ontario bar for the province to reinstate the King's Counsel designation, on a merit basis, to help Ontario lawyers remain competitive internationally.<ref>[https://www.lawtimesnews.com/practice-areas/litigation/veteran-litigator-calls-for-ontario-to-reinstitute-kc-designation/371563 Julius Melnitzer, "Veteran litigator calls for Ontario to reinstitute KC designation", ''Law Times'', 16 November 2022.]</ref> However, the appointment of ninety-one Ontario lawyers, which included provincial Progressive Conservative cabinet ministers, conservative members of the Ontario Parliament, the Ontario Attorney General's former staff members and more than a dozen party donors drew criticism.<ref>[https://globalnews.ca/news/9841142/ontario-kings-council-appointments-controversey/ Colin D'Mello and Isaac Callan, "'Mucked this one up': Ford government under fire for King's Counsel appointments", Global News, 18 July 2023].</ref>

In response, the Premier of Ontario promised on 18 July 2023 to change how King's Counsel designations would be awarded to lawyers.  A spokesman for the [[Attorney General of Ontario]] said that in the future there will be a public application process and lawyers will have to demonstrate "a significant contribution to our justice system and work in the public interest."<ref>[https://www.theglobeandmail.com/canada/article-doug-ford-says-ontario-to-change-kings-counsel-designation-for-lawyers/ Laura Stone, "Doug Ford says Ontario to change King's Counsel designation for lawyers after patronage complaints", Globe & Mail, 18 July 2023].</ref> At a press conference to discuss the decision of the Federal Impact Assessment Act on 30 November 2023, in answer to a reporter's question, the Attorney General of Ontario advised that a new process for awarding King's Counsel designations by the Government of Ontario should be announced "soon" and "shortly."  Despite calls for the appointments in June 2023 to be rescinded, the Attorney General also confirmed that "all of the individuals who received [a King's Counsel designation] through service to the Crown will retain their designation".<ref>[Press Conference 30 November 2023 CPAC "Ontario to Apply for Judicial Review of Federal Impact Assessment Act Decision"]</ref> The head of the [[Law Society of Ontario]] had been offered a KC appointment but declined owing to the lack of selection criteria. In November 2023, the Advocates' Society wrote to the Attorney General to say that the main criterion for a KC appointment should be professional excellence rather than political affiliation and patronage, stating "If the designation is permitted to fall into such disrepute again, public confidence in the legal profession will be undermined".<ref name="Ford">{{cite news |last1=Benzie |first1=Robert |title=Doug Ford promised to end the King's Counsel controversy. Now he says no one cares |url=https://www.thestar.com/politics/provincial/doug-ford-promised-to-end-the-kings-counsel-controversy-now-he-says-no-one-cares/article_2c975298-501a-11ef-8222-77239c1ec2e6.html |access-date=2 August 2024 |work=Toronto Star |date=1 August 2024}}</ref>

In August 2024, Premier [[Doug Ford]] said that the plan to create a protocol for KC appointments was not a priority, stating: "People don't give two hoots if they have KC behind their names."<ref name="Ford"/> No further appointments have been made since July 2023, and the government has given no indication that it will make appointments in the future.<ref>{{cite news |last1=Gallant |first1=Jacques |title=Is the King's Counsel dead — again? One year on from patronage scandal, Ford government silent on future of controversial lawyers' title |url=https://www.thestar.com/politics/provincial/is-the-king-s-counsel-dead-again-one-year-on-from-patronage-scandal-ford-government/article_6bba0c8e-4833-11ef-bb7f-7be4c2ec78a9.html |access-date=24 July 2024 |work=Toronto Star |date=2 August 2024}}</ref>

===== Prince Edward Island =====

The Lieutenant Governor in Council (i.e. the provincial Cabinet) makes appointments on the recommendation of a committee consisting of the President of the Law Society of Prince Edward Island, a member of the council of the Law Society, a person appointed by the provincial Minister of Justice, a judge of either the [[Court of Appeal of Prince Edward Island|Court of Appeal]] or the [[Supreme Court of Prince Edward Island]], and a judge of the [[Provincial Court of Prince Edward Island]]. The committee's recommendations must be carried by at least a {{frac|4|5}} vote.<ref>[http://www.gov.pe.ca/law/statutes/pdf/l-06_1.pdf ''Legal Profession Act''], RSPEI, c L-6.1, s 34.</ref> To be considered for appointment, a lawyer must have 10 years at the bar of Prince Edward Island.<ref name="lawsocietypei.ca">"[http://lawsocietypei.ca/honours-awards Honours & Awards - Queen's Counsel (QC)]". Law Society of Prince Edward Island.</ref>

The lawyer must meet the following three criteria: (1) must be learned in the law; (2) must have consistently exhibited a high standard of professional integrity; and (3) must be of very good character. In addition, the lawyer must meet at least one of the following six criteria: (1) must have a reputation for excellence in the practice of law; (2) must be recognized as a leading counsel; (3) must have great expertise and an outstanding reputation; (4) must have exhibited exceptional qualities of leadership in the legal profession; (5) must have performed outstanding work in the fields of legal education or legal scholarship; or (6) must have made a great contribution to community affairs or public service.<ref name="lawsocietypei.ca"/> In 2016, the government appointed two lawyers as Queen's Counsel.<ref>"[https://www.princeedwardisland.ca/en/news/queens-counsel-appointments-named Queen's Counsel appointments named for 2016]". Government of Prince Edward Island (press release), 6 December 2016.</ref>

=====Quebec=====

The Government of Quebec stopped appointing Queen's Counsel in 1975. Over thirty years later, the Barreau of Quebec instituted a professional award, the distinction of ''Lawyer Emeritus / Avocat émérite'', with the postnominal "Ad. E." The award is to recognise lawyers "who gain distinction as a result of their outstanding professional career, outstanding contribution to the profession or outstanding social and community standing that has brought honour to the legal profession".<ref>{{Cite web |url=http://www.barreau.qc.ca/en/barreau/reconnaissance/avocats-emerites/ |title=Barreau du Québec; Lawyer Emeritus Distinction |access-date=9 April 2016 |archive-url=https://web.archive.org/web/20160304053422/http://www.barreau.qc.ca/en/barreau/reconnaissance/avocats-emerites/ |archive-date=4 March 2016 |url-status=dead}}</ref> As of July 2018, the Barreau had awarded the distinction to over 350 lawyers.<ref>"[https://www.barreau.qc.ca/fr/le-barreau/hommage-reconnaissances/distinction-avocat-emerite/recipiendaires-avocat-emerite/ Distinction Avocat émérite — Liste des récipiendaires]" (in French). Barreau du Québec.</ref>

=====Saskatchewan=====

The Lieutenant Governor-in-Council (i.e., the provincial Cabinet) appoints lawyers as King's Counsel. To be eligible for appointment, a lawyer must reside in Saskatchewan and must have been called to the bar of any province or territory of Canada or the United Kingdom, for a period of at least 10 years.<ref>[https://www.canlii.org/en/sk/laws/stat/ss-2023-c-29/latest/ss-2023-c-29.html ''The King's Counsel Act''], SS 2023, c. 29, ss. 2, 3.</ref> Appointments are based on recommendations from a selection committee consisting of Saskatchewan's Justice Minister and Attorney General, the Chief Justice of the [[Court of Appeal for Saskatchewan]] or the Chief Justice of the [[Court of Queen's Bench for Saskatchewan|Court of Queen's Bench]] (on an alternating basis), and the past presidents of the Saskatchewan branch of the [[Canadian Bar Association]] and the [[Law Society of Saskatchewan]]. In December 2023, the Government appointed fourteen lawyers as King's Counsel, with an additional four in early 2024.<ref>{{cite web | url=https://www.saskatchewan.ca/government/news-and-media/2023/december/18/distinguished-lawyers-honoured-with-kings-counsel-designations | title=Distinguished Lawyers Honoured with King's Counsel Designations | publisher=Saskatchewan Government Media Release | date=18 December 2023}}</ref><ref>{{cite web | url=https://www.saskatchewan.ca/government/news-and-media/2024/january/26/saskatchewan-lawyers-honoured-with-kings-counsel-designations | title=Saskatchewan Lawyers Honoured with King's Counsel Designations | publisher=Saskatchewan Government Media Release | date=26 January 2024}}</ref>