King's Counsel are retained in several
Commonwealth realms where
Charles III is
head of state.
Australia Appointments in the
Commonwealth of Australia are made at both a federal and state level. The selection process varies from state to state. In
New South Wales, for example, the process involves a committee made up of senior members of the State's bar, and usually a non-practising former barrister such as a retired judge. The committee then consults with judges, peers, and law firms on the applicant's suitability for the position. The selection committee deliberates in private, and reasons for the decisions are not published. From 1993, the
Commonwealth and most
state and territory governments began to replace the title of Queen's Counsel and appointment by
letters patent with the title
Senior Counsel as an honorific conferred by the legal profession, a trend that would reverse in the 2010s. There is no difference in status between a King's Counsel and a Senior Counsel. The first states to change to the title of Senior Counsel were New South Wales in 1993 and
Queensland in 1994. Most other states and the Commonwealth Government followed over the next 15 years, including the ACT in 1995,
Victoria in 2000,
Western Australia in 2001,
Tasmania in 2005, and South Australia in 2008. In the
Northern Territory, the rank of King's Counsel was never formally abolished, but in 2007 the rules of the Territory's Supreme Court were amended to facilitate the appointment of Senior Counsel by the Chief Justice. Those appointed Senior Counsel before the reintroduction of Queen's Counsel were given the option of retaining their old title or seeking appointment as Queen's Counsel, while all new appointments would be as Queen's Counsel only. Of the 74 Senior Counsel appointed in Queensland before the reintroduction of Queen's Counsel in June 2013, only four opted to retain their title of Senior Counsel. In 2014, Victoria also restored the rank of Queen's Counsel, by way of making new appointments first as Senior Counsel, but then giving the option to seek appointment as Queen's Counsel by letters patent. In 2024 a new SA government reversed this decision. The Commonwealth appointed Queen's Counsel until March 2007. On 8 July 2010,
Gillard government Attorney-General
Robert McClelland appointed the first Commonwealth "Senior Counsel". When taking judicial office in a superior court, a barrister loses the title of King's Counsel and only regains it if new letters patent are issued after the person leaves office. Conversely, since the appointment of Senior Counsel is not by letters patent, when a Senior Counsel takes office, there is no doctrinal reason why the title of Senior Counsel is lost. During the reign of a queen, the title is properly "Her Majesty's Counsel learned in the law" but normally referred to as "Queen's Counsel" and abbreviated "Q.C." in English or "c.r." in French ( or 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 ( or ). The title changed automatically by operation of law upon the death of Queen Elizabeth II.
Criticisms and reforms Lawyers continue to be appointed King's Counsel by the federal government and by nine of the ten
Canadian provinces. The award has been criticised in the past on the basis that appointment as King's Counsel depended largely on political affiliation. 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. 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. Since 2015, under the
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.
Alberta The
provincial Cabinet appoints lawyers, of at least 10 years' standing, as King's Counsel. 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. In 2020, the province designated over 130 lawyers as Queen's Counsel, and another round of appointees in February 2022.
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
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. In practice, the Attorney General appoints an advisory committee which includes these officials and also the Chief Judge of the
Provincial Court, the president of the British Columbia Branch of the
Canadian Bar Association and the
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. In 2020, the province designated twenty-six lawyers as Queen's Counsel, from a group of 136 nominees. The
Attorney General of British Columbia is automatically appointed as King's Counsel on taking office. In 2019, Manitoba re-instituted the Queen's Counsel designation. Appointments are made by the
Law Society of Manitoba. 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. In 2016, the province designated eleven lawyers as Queen's Counsel.
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. The appointments process has been criticised in the past as lacking transparency and being too open to political appointments. In 2017, the government appointed eleven lawyers as Queen's Counsel.
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. The Minister of Justice is advised by an independent advisory committee, through the Nova Scotia Barristers' Society. Eligible candidates can apply, or they can be nominated by others. Applications generally open in September of each year, with appointments made annually. 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. 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. 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
postnominal letters. 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. Lawyers who are designated Certified Specialist are recognised and experienced in their field of law and have met high standards imposed by the Law Society of Ontario. This is commonly identified as modern day replacement to the Queen's Counsel (QC) designation. Ontario courts continued to recognise the Queen's Counsel designations of Ontario lawyers appearing before it where those lawyers were accorded the honorific by the Federal Government. 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. 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. 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. 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." 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". 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". 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."
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 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 vote. To be considered for appointment, a lawyer must have 10 years at the bar of Prince Edward Island. 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 recognised 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.
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". As of July 2018, the Barreau had awarded the distinction to over 350 lawyers.
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. 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 (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.
New Zealand In 2006, the title was renamed
Senior Counsel, with the final appointments of Queen's Counsel occurring in 2007, after which the Lawyers and Conveyancers Act (which made the change) came into force. However, the
2008 general election resulted in a change of government. In June 2009, Attorney-General Hon
Christopher Finlayson announced that the title of Queen's Counsel would be reinstated, and a bill to implement the restoration was introduced into Parliament in March 2010. The bill passed committee stage in November 2012, was passed in a third reading and received the Royal Assent on 19 November 2012. In December 2012, Finlayson was one of the first appointments under the reinstated regime.
Caribbean jurisdictions ==Jurisdictions that have abolished the designation==