[54], In Canada, both the federal government and the provincial governments have the constitutional authority to appoint a lawyer as Queen's Counsel. The federal government asserted that it had sole power to appoint Queen's Counsel, because the appointment is an exercise of the royal prerogative and only the federal government could advise the monarch on the exercise of the royal prerogative. The less experienced barristers are junior barristers, there are others who are more senior, the most senior being Queen’s Counsel (QC’s). Australians for Constitutional Monarchy - The rustle of silk: a restoration play for the 21st Century? The right of precedence and pre-audience bestowed upon them – a form of seniority that allowed them to address the court before others – allowed for the swift resolution of Crown litigation. [14], Gradually, the appointment to the Queen's Counsel shifted from a vocational calling to a badge of honor and prestige. The Bar Council, the body which represents barristers' interests, had agreed (in the Elliott Report) that the royal oath should be dropped and replaced by a more neutral statement. Nigeria replaced the QC nomenclature with the new title of Senior Advocate of Nigeria (SAN) beginning in 1975. 94 of 1997, Justice of the Supreme Court of the United Kingdom, The Attorney General for the Dominion of Canada v. The Attorney General for the Province of Ontario (Queen's Counsel), List of Queen's Counsel Appointments in British Columbia, List of King's and Queen's Counsel in New Zealand, Chief Justice of the Supreme Court of Hong Kong, "Self-Employed Bar by Ethnicity and Gender", "Appointment of Justice Lawrence Collins", "Building on Strength: The response of the Commercial Bar Association", "Letter from the Lord Mayor of the City of London", "Constitutional reform: the future of Queen's Counsel", "Director's Report, August/September 2000", "Explanatory Notes to Justice (Northern Ireland) Act 2002", "Additional Submission to the Criminal Justice Review", Committee on the Administration of Justice, "Announcement: Queens Counsel in England and Wales 2013", "Barristers and solicitors - Queen's Counsel", "Does It Matter That Cameron's New Attorney General Isn't a QC? [4], The new rank of King's Counsel contributed to the gradual obsolescence of the formerly more senior serjeant-at-law by superseding it. [6] It became of greater professional importance to become a KC, and the serjeants gradually declined. [5], The King's Counsel came to prominence during the early 1830s, prior to which they were relatively few in number. Traditionally, this was restricted to barristers but in 1996 the system was changed and solicitors became entitled to be appointed Queen’s Counsels. Two years later he was appointed Queen's Counsel and went on to establish a reputation as one of the most formidable advocates in the north of England. the provincial Cabinet) appoints lawyers as Queen's Counsel. [29][dubious – discuss], In 1997, the Lord Chief Justice, Sir Robert Carswell, wrote "I have little doubt myself that this is all part of an ongoing politically-based campaign to have the office of Queen's Counsel replaced by a rank entitled Senior Counsel, or something to that effect".[30]. [1] Appointments are made from within the legal profession on the basis of merit rather than a particular level of experience. [58], Since 2015, appointment as Queen's Counsel has been limited to the Attorney General of Canada. The Government of Ontario stopped making appointments in 1985. The government's focus switched from abolition to reform and, in particular, reform of the much-criticised "secret soundings" of judges and other establishment legal figures upon which the old system was based. After more wrangling, the barristers were permitted to make "a more neutral statement" of commitment to principles. 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. Collins was subsequently appointed as a High Court judge and ultimately Justice of the Supreme Court of the United Kingdom. Legal practitioners who enjoy the rank and dignity of State Counsel may use "SC" after their names. A recipient must have at least five years' standing at the bar of British Columbia. Justice P. D. Cummins, 'Reflections on Judicial Office', paper presented on 1 September 2009, 11. [56] However, the new designation was never adopted. However, successful applicants tend to be barristers, or (in Scotland) advocates with 15 years of experience or more. [17], From the beginning, QCs were not allowed to appear against the Crown without a special licence, but this was generally given as a formality. Queen’s Counsel is in fact a special which is awarded for distinguished branch of advocates in England and Wales. By the end of the twentieth century, however, all of these rules had been abolished one by one. The title traditionally depends on the sex of the sovereign. Queen's Counsel meaning: → QC. The all wool gown is, strictly speaking, a mourning gown, but that point is now of historical interest only. The title of Senior Counsel was introduced in the Irish Free State in July 1924. [59], The Lieutenant Governor in Council (i.e. [10] In 1959, the number of practising Queen's Counsel was 181. In addition, however, Queen's Counsel wear distinctive full-bottomed wigs and their silk gowns. In jurisdictions that have become republics, the office of Queen's Counsel has sometimes been replaced with an equivalent, for example, Senior Counsel in South Africa, Kenya, Trinidad and Tobago and Guyana; Senior Advocate in Nigeria, India and Bangladesh; and President's Counsel in Sri Lanka. 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