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The Queen's Counsel Act

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S.M. 2018, c. 16

Bill 22, 3 rd Session, 41st Legislature

The Queen's Counsel Act

Explanatory Note

This note is a reader's aid and is not part of the law.

Queen's Counsel (Q.C.) is an honorary title bestowed on a lawyer to recognize exceptional merit in their profession.

A Queen's Counsel is appointed by Cabinet on the advice of the Minister of Justice and Attorney General. Before giving that advice, the minister must consult with an advisory council.

A new Act is established and consequential amendments are made to The Legal Profession Act.

(Assented to June 4, 2018)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1           The following definitions apply in this Act.

"lawyer" means a lawyer registered in the rolls of the society. (« avocat »)

"minister" means the Minister of Justice and Attorney General of Manitoba. (« ministre »)

"society" means The Law Society of Manitoba continued under The Legal Profession Act. (« Société »)

Appointment of Queen's Counsel

2(1)        On the recommendation of the minister, the Lieutenant Governor in Council may appoint, at pleasure by letters patent under the great seal, a lawyer as "Her Majesty's counsel learned in the law" for the Province of Manitoba.

Consultation with advisory council

2(2)        Before making a recommendation, the minister must consult with the minister's advisory council composed of

(a) three persons appointed by the Lieutenant Governor in Council who are residents of Manitoba but are not members or former members of the society;

(b) the Chief Justice of Manitoba or a judge of The Court of Appeal designated by the Chief Justice;

(c) the president of the society or the president's designate; and

(d) the president of the Manitoba branch of the Canadian Bar Association or the president's designate.

Eligibility for appointment

3           A lawyer is eligible to be appointed if the lawyer has or had

(a) held a practising certificate for at least 10 years;

(b) demonstrated outstanding practice as a lawyer;

(c) acted with integrity throughout their practice; and

(d) contributed to the development of excellence in the legal profession.

Revocation of appointment

4           An appointment is automatically revoked if, as a result of disciplinary proceedings, the person is disbarred or permitted to resign and their name struck off the rolls of the society.

Attorney General appointed Q.C.

5           If a lawyer is appointed as Attorney General of Manitoba, the Lieutenant Governor in Council must, by letters patent under the great seal, appoint that person as "Her Majesty's counsel learned in the law" for the Province of Manitoba.

Existing Q.C. appointments

6           Any appointment of a lawyer as Her Majesty's counsel learned in the law made by the Lieutenant Governor in Council, or deemed to have been made under The Law Society Act, R.S.M. 1987, c. L100, before the coming into force of The Legal Profession Act, S.M. 2002, c. 44, continues during pleasure of the Lieutenant Governor in Council.

Consequential amendments, C.C.S.M. c. L107

7            The Legal Profession Act is amended

(a) in clause 84(1)(f) by striking out everything after "to the office"; and

(b) by repealing subsection 84(2).

C.C.S.M. reference

8           This Act may be referred to as chapter Q5 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

9           This Act comes into force on the day it receives royal assent.