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RSNL1990 CHAPTER Q-2

QUEEN'S COUNSEL ACT

Amended:

1991 c31; 1999 c23

CHAPTER Q-2

AN ACT RESPECTING QUEEN'S COUNSEL AND PRECEDENCE AT THE BAR

Analysis



Short title

        1. This Act may be cited as the Queen's Counsel Act.

1975-76 No37 s1

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Definitions

        2. In this Act

             (a)  "board" means the Legal Appointments Board referred to in section 7; and

             (b)  "Queen's Counsel" means "Her Majesty's Counsel learned in the law".

RSN1990 cQ-2 s2

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Appointment of Queen's Counsel

        3. (1) On the recommendation of the Minister of Justice after consultation with the board, the Lieutenant-Governor in Council may, by letters patent under the Great Seal, appoint during pleasure from among the members of the Bar of this province persons that he or she considers right to be provincial officers under the style of "Her Majesty's Counsel learned in the law".

             (2)  The Lieutenant-Governor in Council may only appoint 10 Queen's Counsel during a calendar year; but the appointments for a calendar year may be increased by the number for which the appointments for a preceding year have not been filled.

             (3)  Appointments may be made within a calendar year or at one time but subject to the limit placed on the numbers by subsection (2).

             (4)  A person may not be appointed under this section who is not of at least 10 years standing at the Bar of the province.

             (5)  Notwithstanding subsection (4), a person may be appointed under this section where that person has an accumulation of at least 10 years standing at the Bar of the province and the Bar of another province.

1975-76 No37 s2; 1986 c7 s1; 1999 c23 s1

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Rep. by 1991 c31 s1

        4. [Rep. by 1991 c31 s1]

1991 c31 s1

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Order of precedence

        5. (1) The following persons have precedence in the courts of the province in the following order:

             (a)  the Minister of Justice and Attorney General of Canada ;

             (b)  the Minister of Justice and Attorney General of the province;

             (c)  the Solicitor General of Canada ;

             (d)  the members of the Bar of the province who have filled the office of Attorney General for Canada or of Attorney General for the province, according to seniority of appointment as attorney general;

             (e)  the members of the Bar of the province who have filled the office of Solicitor General for Canada according to seniority of appointment as Solicitor General;

              (f)  Queen's Counsel of the province according to seniority of appointment; and

             (g)  other members of the Bar of the province in order of their admission.

             (2)  The Lieutenant-Governor in Council may, by letters patent under the Great Seal, grant to a member of the Bar of the province a patent of precedence in the courts of the province.

             (3)  Nothing in this Act affects or alters rights of precedence that belong to a member of the Bar when acting as counsel for the Crown, or for an Attorney General of the Crown, in a matter depending in the name of the Crown or of the Attorney General before the courts, but those rights and precedence remain as if this Act had not been passed.

1975-76 No37 s4

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Licence not required

        6. A Queen's Counsel does not require a licence from the Crown to act as counsel

             (a)  for a party litigating with the Crown; or

             (b)  for an accused in a prosecution for an offence against an act of the Parliament of Canada or a statute of the province.

1975-76 No37 s5

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Establishment and duties of board

        7. (1) The Legal Appointments Board is continued, whose duties are

             (a)  to consult with the Minister of Justice regarding appointments to be made under section 3;

             (b)  to recommend at the request of the Minister of Justice the names of suitable persons for consideration for appointment under section 3; and

             (c)  to make recommendation respecting other appointments to legal offices in this province that may be referred to the board by the Lieutenant-Governor in Council.

             (2)  The Minister of Justice shall appoint to the Legal Appointments Board 5 members of which 2 members shall be chosen by the minister from a list of 7 members of the Law Society of Newfoundland to be submitted by the Benchers of the Law Society of Newfoundland at the request of the minister.

             (3)  The Minister of Justice shall, so far as practicable, ensure that among the persons appointed to the Legal Appointments Board, 1 will be a member of the Law Society of Newfoundland in practice and resident outside the metropolitan area of St. John's, 1 will be a Bencher of the Law Society of Newfoundland and 1 will be a member of that society who has been practising in the province for less than 10 years.

             (4)  The Minister of Justice shall designate 1 of the members of the Legal Appointments Board to be the chairperson of the board.

             (5)  A vacancy in the membership of the Legal Appointments Board does not invalidate the constitution of that board or impair the right of the remaining members to act so long as the membership of the board does not fall below 3.

1975-76 No37 s6; 1991 c31 s2