This archived statute consolidation is current to November 25, 1993 and includes changes enacted and in force by that date.

Queen's Counsel Act

[RSBC 1979] CHAPTER 352

Contents
Section
  1.  Attorney General to be appointed Queen's Counsel
  2.  Power of Lieutenant Governor in Council to appoint Queen's Counsel
  3.  Limitation
  4.  Limitation as to persons eligible for appointment
  5.  When appointments may be made
  6.  Precedence of certain members of Bar
  7.  Precedence of other members of Bar
  8.  Precedence of counsel acting for Her Majesty or Attorney General not affected by this Act

Attorney General to be appointed Queen's Counsel

1.  On the appointment of a person to the office of the Attorney General of the Province, a commission shall be issued to him appointing him one of Her Majesty's Counsel learned in the law.

Historical Note(s): RS1960-326-2.

Power of Lieutenant Governor in Council to appoint Queen's Counsel

2.  On the recommendation of the Attorney General, who shall not give his recommendation until after consultation with the Chief Justice of British Columbia and the Chief Justice of the Supreme Court and 2 members of the Law Society of British Columbia appointed by the benchers for that purpose, the Lieutenant Governor in Council, by letters patent under the Great Seal, may appoint, from among the members of the Bar of this Province, Provincial officers under the names of Her Majesty's Counsel learned in the law for the Province of British Columbia.

Historical Note(s): RS1960-326-3.

Limitation

3.  The maximum number of persons who may be appointed as Her Majesty's Counsel learned in the law is 7% of the number of barristers and solicitors in the Province at the time the appointment is made.

Historical Note(s): 1987-43-77.

Limitation as to persons eligible for appointment

4.  A person shall not be appointed unless he has at least 5 years' standing at the Bar of this Province.

Historical Note(s): RS1960-326-5.

When appointments may be made

5.  The quota for the year or the quota as increased under section 3 may be made at any time during the year.

Historical Note(s): RS1960-326-6.

Precedence of certain members of Bar

6.  The following members of the Bar of this Province have precedence in the courts of this Province in the following order:

(a) the Attorney General of Canada;

(b) the Attorney General of British Columbia;

(c) the members of the Bar who have filled the offices of Attorney General of Canada while a member of the Bar of this Province, or Attorney General of this Province, according to seniority of appointment as Attorney General;

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

(e) the members of the Bar who were, when members of the Bar of this Province, before February 27, 1899, appointed Her late Majesty Queen Victoria's Counsel learned in the law by the Governor General in Council, and members of the Bar of this Province appointed by the Lieutenant Governor in Council Her or His Majesty's Counsel learned in the law for the Province; but all persons mentioned in this paragraph have precedence among themselves as prescribed by the Lieutenant Governor in Council.

Historical Note(s): RS1960-326-7.

Precedence of other members of Bar

7.  The remaining members of the Bar have, as between themselves, precedence in the courts in the order of their call to the Bar.

Historical Note(s): RS1960-326-8.

Precedence of counsel acting for Her Majesty or Attorney General not affected by this Act

8.  This Act does not affect rights or precedence of a member of the Bar when acting as counsel for Her Majesty, or an Attorney General of Her Majesty, in a matter in the name of Her Majesty or of the Attorney General before the courts, and the right and precedence remains as if this Act had not been passed.

Historical Note(s): RS1960-326-9.