73-636: Jack Woodward KC (born 3 October 1951) is a Canadian lawyer . He specializes in Canadian Aboriginal law and is the author of Aboriginal Law in Canada , which is considered the leading Canadian publication on Aboriginal Law. Woodward was named to Maclean's Power List in February 2022 as one of the top 50 Canadians who are forging paths, leading the debate and shaping how we think and live. Woodward has practiced law since 1979, primarily in
146-461: A "Counsel learned in the law". When the reigning monarch is a woman, the title is Queen's Counsel ( QC ). The position originated in England and Wales. Some Commonwealth countries have retained the designation, while others have either abolished the position or renamed it so as to remove monarchical connotations — for example, " Senior Counsel " or "Senior Advocate". Appointment as King's Counsel
219-713: A KC in Scotland in 1948. In Australia, the first QC appointed was Roma Mitchell , appointed 1962, who later became the first female Justice of the Supreme Court of South Australia (1965), and then the first female Acting Chief Justice. In 1994, solicitors of England and Wales became entitled to gain rights of audience in the higher courts, and some 275 were so entitled in 1995. In 1995, these solicitors became entitled to apply for appointment as Queen's Counsel. The first two solicitors were appointed on 27 March 1997, out of 68 new QCs. These were Arthur Marriott, partner in
292-459: A beneficial interest in the land, the underlying control of which is retained by the Crown. Rights conferred by Aboriginal title include the right to decide how the land will be used; to enjoy, occupy and possess the land; and to proactively use and manage the land, including its natural resources. But, the court set out a Sparrow -style mechanism by which the Crown can override Aboriginal title in
365-490: A direct interference with Aboriginal title. A court injunction was sought to halt MacMillan Bloedel's operations until the claim was resolved. The Martin (Meares Island) case was adjourned by agreement of the Nuu-chah-nulth First Nation, MacMillan Bloedel, and the governments of British Columbia and Canada. The injunction on logging is still in effect and none of the parties have requested resumption of
438-708: A final appeal to the Supreme Court of Canada . The Supreme Court, led by Chief Justice Beverly McLachlin , unanimously allowed the appeal. The Supreme Court of Canada ruled that the Tsilhqot'in people were entitled to a declaration of Aboriginal title to the 1,750 square kilometre region they had historically occupied. Source: On 24 April 2020, the Alberta Court of Appeal released a decision in Fort McKay First Nation v Prosper Petroleum Ltd , allowing Fort McKay First Nation's (FMFN) challenge to
511-548: A form of seniority that allowed them to address the court before others – allowed for the swift resolution of Crown litigation. The new rank of King's Counsel contributed to the gradual obsolescence of the formerly more senior serjeant-at-law by superseding it. The attorney-general and solicitor-general had similarly succeeded the king's serjeants as leaders of the Bar in Tudor times, though not technically senior until 1623, except for
584-555: A junior barrister, and led the direction of the case. The junior barrister on a case could not disagree with the direction determined by the senior barrister. On colonial appeals to the Judicial Committee of the Privy Council , established in 1833, the rule originally was that the case had to be led by a Queen's Counsel from England, even if the colonial counsel held the same rank in the colonial courts. This rule
657-474: A junior barrister, and they had to have barristers' chambers in London. These restrictions had a number of consequences: they made the taking of silk something of a professional risk, because the appointment abolished some of the staple work of the junior barrister; they made the use of leading counsel more expensive, and therefore ensured that they were retained only in more important cases; and they protected
730-476: A major contribution to the law of England and Wales but who operate outside court practice. Until the 1990s there was a practice that sitting members of the UK Parliament (MPs) who were barristers were appointed QC, if they wished, on reaching a certain level of seniority of around fifteen years at the bar. Such appointments were sometimes known as "courtesy" or even "false" silk, and also as "nylons". In
803-471: A more stringent title test that examined site-specific occupation of definite tracts of land at the time of European sovereignty. The Supreme Court, led by Beverly McLachlin , unanimously allowed the appeal. They ruled that the Tsilhqotʼin did have a claim of Aboriginal title to the 1,750 square kilometres (680 sq mi) they had historically occupied. The court held that Aboriginal title constitutes
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#1732798061224876-470: A result of the landmark decision, provinces cannot unilaterally claim a right to engage in clearcut logging on lands protected by Aboriginal title; they must engage in meaningful consultation with the title holder before they proceed. Although the Aboriginal title holder does not have to consent to the activity, meaningful consultation is required before infringement of the right can take place. In 1983,
949-455: 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. King's Counsel are appointed by
1022-534: A supervisory role in litigation. In practice this meant that the practitioner would review and revise the written pleadings of their junior. Initially the status of QC was reserved first for law officers ( Lord Advocate and Solicitor General for Scotland ) and soon after for the Dean of the Faculty of Advocates. In 1897, a petition by the Faculty of Advocates for the establishment of a Scottish roll of Queen's Counsel
1095-562: A test for Aboriginal title that examined whether the Xeni Gwet'in regularly and exclusively used the sites or territory within the claim area. The trial judge rejected the title claim for procedural reasons. In 2012, the decision was appealed to the British Columbia Court of Appeal , where the court upheld the decision that the Tsilhqotʼin did not hold title to these lands, except for limited situations. The court applied
1168-533: A vigorous campaign was mounted in defence of the system. Supporters included those who considered it as an independent indication of excellence to those (especially foreign commercial litigants) who did not have much else to go on, and those who contended that it was a means whereby the most able barristers from ethnic minorities could advance and overcome prejudice as well as better represent members of an increasingly diverse society. The government's focus switched from abolition to reform and, in particular, reform of
1241-470: Is also referred to in the book Box of Treasures or Empty Box? Twenty Years of Section 35 on page 18. In 1988 he established the legal firm, Woodward and Company. He was also an adjunct professor of law at the University of Victoria for sixteen years, where he was instrumental in creating the university's first course in Aboriginal law. In December 2011 Woodward was instated as a Queen's Counsel for
1314-601: Is an office recognised by courts . Members in the UK have the privilege of sitting within the inner bar of court. As members wear silk gowns of a particular design, appointment as King's Counsel is known informally as taking silk and KCs are often colloquially called silks . Appointments are made from within the legal profession on the basis of merit and not a particular level of experience. Successful applicants are normally barristers , or in Scotland, advocates , with at least 15 years of experience. In most Canadian jurisdictions,
1387-779: Is made on the recommendation of the Lord Justice General to the First Minister of Scotland , formerly the Secretary of State for Scotland . In the 1990s, rules were changed so that solicitors with rights of audience in the Court of Session or High Court of Justiciary were permitted to apply for appointment, and two or three have done so. A solicitor advocate who is so appointed is designated as King's Counsel, Solicitor Advocate . An award of King's Counsel honoris causa (honorary KC) may be made to lawyers who have made
1460-470: Is organised as the Faculty of Advocates and its members are known not as barristers but as advocates. The position of Queen's Counsel was not recognised before 1868. The Scottish bar did have a concept of senior counsel before the introduction of the formal rank of Queen's Counsel. An advocate would self-declare that they were 'giving up writing', meaning that they would no longer draft pleadings and move onto
1533-491: The Elliott Report , that the royal oath should be dropped and replaced by a more neutral statement. It suggested that, instead of declaring services to Queen Elizabeth, barristers should "sincerely promise and declare that I will well and truly serve all whom I may lawfully be called to serve in the office of one of Her Majesty's Counsel, learned in the law according to the best of my skill and understanding". In 1997,
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#17327980612241606-568: The Kingdom of England . The first Queen's Counsel Extraordinary was Sir Francis Bacon , who was given a patent giving him precedence at the Bar in 1597, and formally styled King's Counsel in 1603. The right of precedence before the Court granted to Bacon became a hallmark of the early King's Counsel. True to their name, King's and Queen's Counsel initially were representatives of the Crown. The right of precedence and pre-audience bestowed upon them –
1679-915: 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
1752-607: The Lord Chancellor , but without comment on individual applications. The Lord Chancellor supervises the process and reviews the panel's recommendations in general terms (to be satisfied that the process as operated is fair and efficient). Application forms under the new system were released in July 2005 and the appointment of 175 new Queen's Counsel was announced on 20 July 2006. A total of 443 people had applied (including 68 women, 24 ethnic minority lawyers, and 12 solicitors). Of
1825-624: 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". In 2000, the Northern Ireland High Court ruled in the barristers' favour. After more wrangling, the barristers were permitted to make "a more neutral statement" of commitment to principles. The independent bar
1898-574: The Oath of Supremacy , which Daniel O'Connell refused as a Roman Catholic . Despite being the most prominent and best-paid barrister in Ireland, he was a junior counsel for 30 years until granted a patent of precedence in 1831. From the beginning, KCs were not allowed to appear against the Crown without a special licence, but this was generally given as a formality. This stipulation was particularly important in criminal cases, which are mostly brought in
1971-409: The 175 appointed, 33 were women, 10 were ethnic minorities, and four were solicitors. Six people were also appointed QC honoris causa . The title of KC continues to be used. In 1998 two Northern Ireland barristers ( Seamus Treacy and Barry Macdonald) opposed the requirement of swearing an oath of allegiance to the Crown. The Bar Council, the body which represents barristers' interests, had agreed, in
2044-482: The 1990s, it was felt that the practice of granting silk to MPs in this way, without considering their abilities, devalued the rank and the practice was abolished. However, for now the practice persists for law officers of the Crown. Former Attorney General for England and Wales Jeremy Wright was not a QC when he was appointed, a subject which attracted some comment. Despite not having practised law for some time, Wright took silk shortly after his appointment, which
2117-615: 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 2019, the South Australian Government announced it
2190-577: The AER decision was not in keeping with the honour of the Crown. The court vacated the project approval and directed the Alberta Energy Regulator to reconsider whether the project is in the public’s best interest after considering FMFN's Treaty 8 rights. King%27s Counsel A King's Counsel ( post-nominal initials KC ) is a senior lawyer appointed by the monarch (or their viceregal representative) of some Commonwealth realms as
2263-459: The Alberta Energy Regulator's (AER) decision to approve Prosper Petroleum's oil sands project. In granting its approval of the project, the AER did not consider the negotiations between the Alberta government and FMFN over land management and the impacts of future oil sands development on FMFN’s Treaty 9 rights. The Alberta Court of Appeal determined that the failure to consider these negotiations in
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2336-595: The Canadian province of British Columbia . Jack Woodward's great aunt, Elizabeth Woodward, was married to John Oliver , the 19th premier of British Columbia. His great uncle was Mark Sweeten Wade . Aboriginal Law is a comprehensive collection of all the laws in Canada relating specifically to Aboriginal people. International law, constitutional law, statute, common law and custom are all covered, with updates six times per year and frequent revisions to whole chapters and sections in this rapidly-evolving field. Native Law
2409-756: 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 QC before
2482-672: The London office of the Wilmer Cutler Pickering Hale and Dorr , and Lawrence Collins , a partner in the City of London law firm Herbert Smith . Collins was subsequently appointed a High Court judge and ultimately a Justice of the Supreme Court of the United Kingdom . The appointment of new Queen's Counsel was suspended in 2003, and it was widely expected that the system would be abolished. However,
2555-466: The Privy Council , that: The exact position occupied by a Queen's Counsel duly appointed is a subject which might admit of a good deal of discussion. It is in the nature of an office under the Crown, although any duties which it entails are almost as unsubstantial as its emoluments; and it is also in the nature of an honour or dignity to this extent, that it is a mark and recognition by the Sovereign of
2628-544: The Solicitor General. It is still the rule that junior counsel must follow the lead of senior counsel in pleading a case, and cannot depart from senior counsel's approach to the issues. The first woman appointed King's Counsel was Helen Kinnear in Canada in 1934. The first women to be appointed as King's Counsel in England and Wales were Helena Normanton and Rose Heilbron in 1949. They were preceded by Margaret Kidd KC (later Dame Margaret Kidd QC) appointed
2701-498: 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. However, this is customarily not done, and the New South Wales Bar Association instructs that "KC" and "SC" postnominals should not be used for superior court judges. In Canada, both the federal government and the provincial governments have
2774-655: The area of native law. Additionally, this text contains helpful finding tools that simplify research, including a detailed master table of contents, a table of contents for each statute, and a comprehensive key word index. Bullen & Leake & Jacob’s Precedents of Pleadings is widely regarded as the essential guide to drafting statements of case. It offers the advocate a stock of authoritative, structured precedents of statements of case complete with guiding commentary across both mainstream and specialist areas of practice. Woodward wrote part 1 which covers critical underlying principles through discussion and application within some of
2847-583: The areas of Aboriginal law and environmental law. He has represented more than a hundred First Nations groups and organizations in a wide variety of legal actions including the landmark case, Tsilhqot'in Nation v British Columbia , the first successful Aboriginal title claim in Canada. In 1980 he ran as a political candidate for the New Democratic Party in the Canadian federal election for
2920-529: 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. 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,
2993-445: The change in each jurisdiction were permitted to retain the old title. In the 2010s, some states moved to revert to the old title of Queen's Counsel. In 2013, Queensland restored the rank of Queen's Counsel. 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
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3066-682: The constitutional authority to appoint a lawyer as King's Counsel. 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 ( conseiller de la reine or conseillère de la reine 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 ( conseillier du roi or conseillière du roi ). Lawyers continue to be appointed King's Counsel by
3139-477: The designation is regulated by formal statute, such as, for example, "King's Counsel Act" of British Columbia, that requires the candidates to have a minimum five years of experience, and to have made an outstanding contribution to the practice of law with high professional standards and good character and repute. The attorney general , solicitor-general and king's serjeants were King's Counsel in Ordinary in
3212-414: 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
3285-534: 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
3358-689: The more challenging areas of Aboriginal Law. Source: In 1984, members of the Nuu-chah-nulth First Nation and other protesters blocked MacMillan Bloedel’s access to its logging operations on Meares Island which is located in the Clayoquot Sound region of British Columbia. The dispute falls under the assertion by the Province of British Columbia who designates the targeted land as Crown Land, whereas protesters claimed that by allowing logging on Meares Island, there would be
3431-596: The much-criticised "secret soundings" of judges and other establishment legal figures upon which the old system was based. This was held to be inappropriate and unfair given the size of the modern profession, as well as a possible source of improper government patronage (since the final recommendations were made by the Lord Chancellor, who is a member of the government), and discriminatory against part-time workers, women, and ethnic minorities. In November 2004, after much public debate in favour of and against retaining
3504-517: The name of the Crown. The result was that, until 1920 in England and Wales , KCs had to have a licence to appear in criminal cases for the defence. King's Counsel and serjeants were prohibited, at least from the mid-nineteenth century, from drafting pleadings alone; a junior barrister had to be retained. They could not appear in judges' chambers or inferior courts, either, other than in exceptional cases. They were not permitted to appear in court without
3577-482: The number of Queen's Counsel was seventy. In 1882, the number of Queen's Counsel was 187. The list of Queen's Counsel in the Law List of 1897 gave the names of 238, of whom hardly one third appeared to be in actual practice. In 1959, the number of practising Queen's Counsel was 181. In each of the five years up to 1970, the number of practising Queen's Counsel was 208, 209, 221, 236 and 262, respectively. In each of
3650-490: The option of changing their post-nominal to QC. With the death of Queen Elizabeth II, the Australian Bar Association confirmed that all existing Queen's Counsel would become King's Counsel automatically. 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
3723-414: The prestige of the serjeants and their priority before the courts. The earliest English law list, published in 1775, lists 165 members of the Bar, of whom 14 were King's Counsel, a proportion of about 8.5%. As of 2010 roughly the same proportion existed, though the number of barristers had increased to about 12,250 in independent practice (i.e., excluding pupil barristers and employed barristers). In 1839,
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#17327980612243796-561: 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
3869-410: The profession, giving the holder certain rights and privileges in the courts. They were ranked as senior counsel, and took precedence in argument after the Attorney General and the Solicitor General of England. Barristers who were not King's (or Queen's) Counsel were termed junior barristers , and followed senior barristers in argument. King's (or Queen's) Counsel normally always appeared in courts with
3942-490: 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. Tsilhqot%27in Nation v British Columbia Tsilhqotʼin Nation v British Columbia is a landmark decision of the Supreme Court of Canada that established Aboriginal land title for the Tsilhqotʼin First Nation, with larger effects. As
4015-536: The professional eminence of the counsel upon whom it is conferred. Until the late 19th century, some barristers were granted a patent of precedence in order to obtain the same precedence as a KC without the concomitant restrictions. King's Counsel were originally considered an office of profit and hence, under the Act of Settlement 1701 , incompatible with membership of the House of Commons . KCs were also required to take
4088-542: The province of British Columbia issued a licence to Carrier Lumber to cut trees in lands that included remote central British Columbia territory which was claimed by the Xeni Gwetʼin band of the Tsilhqotʼin. The Tsilhqotʼin are a semi-nomadic group of First Nations people who had lived in the area for centuries, managing these lands and repelling invaders. The Xeni Gwetʼin blockaded the area, preventing Carrier from logging. The company conducted unsuccessful negotiations with
4161-461: 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
4234-420: The provincial government to continue logging. The Xeni Gwetʼin filed suit seeking a court declaration that would prohibit Carrier Lumber's commercial logging operations in this area, and establish their claim for Aboriginal title to the land, which was part of their historical territory. At trial, which lasted five years, both the federal and provincial governments opposed the title claim. The trial judge applied
4307-539: The remote areas of central British Columbia which was claimed by the Xeni Gwet'in band of the Tsilhqot'in Nation . The Xeni Gwet'in filed suit seeking a court declaration that would prohibit Carrier Lumber's commercial logging operations in this area, and establish their claim for Aboriginal title to the land. After five years at trial, both the federal and provincial governments opposed the title claim which resulted to
4380-665: The riding of North Vancouver—Burnaby . Woodward wrote the first draft of section 35 of the Constitution Act, 1982 , which provides constitutional protection to the indigenous and treaty rights of indigenous peoples in Canada . Ian Waddell , in his book Take the Torch: A Political Memoir, states that Woodward drafted the clause in January 1981, during negotiations in Ottawa with Minister of Justice Jean Chrétien . This
4453-408: 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
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#17327980612244526-463: The title, the government announced that appointments of Queen's Counsel in England would be resumed but that future appointees would be chosen not by the government but by a nine-member panel, the Queen's Counsel Selection Panel , chaired by a lay person, to include two barristers, two solicitors, one retired judge, and three non-lawyers. Formally, the appointment remains a royal one made on the advice of
4599-409: The trial. Source: Tsilhqot’in Nation v. British Columbia is a landmark decision of the Supreme Court of Canada and the first case to successfully establish a declaration of Aboriginal title over land that a nation had historically occupied. The underlying circumstances that established the reasoning behind that case begin in 1983 when the province issued licence to Carrier Lumber to begin logging in
4672-420: The two senior king's serjeants, and 1813, respectively. King's Counsel came to prominence during the early 1830s, prior to which they were relatively few in number. It became the standard means to recognise a barrister as a senior member of the profession, and the numbers multiplied accordingly. It became of greater professional importance to become a KC, and the serjeants gradually declined. The KCs inherited
4745-401: The work of the junior bar, which could not be excluded by the retention of leading counsel. By the end of the twentieth century, however, all of these rules had been abolished. Appointment as QC has been said to be a matter of status and prestige only, with no formal disadvantages. In the 21st century, King's Counsel continue to have the seniority in audience, following the Attorney General and
4818-408: The years 1973 to 1978, the number of practising Queen's Counsel was 329, 345, 370, 372, 384 and 404, respectively. In 1989, the number of practising Queen's Counsel was 601. In each of the years 1991 to 2000, the number of practising Queen's Counsel was 736, 760, 797, 845, 891, 925, 974, 1006, 1043, and 1072, respectively. In the 19th century in England, the position was primarily one of rank within
4891-561: Was also going to reinstate the title of Queen's Counsel, and most eligible took the opportunity. 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". In March 2014, Attorney-General George Brandis QC announced that the Commonwealth would revert to using the title of Queen's Counsel for new appointments and would give all existing Commonwealth Senior Counsel
4964-470: Was appointed a Queen's Counsel on 15 April 2019. However, Arif Virani , Attorney General of Canada since July 2023, does not appear to have received a federal King's Counsel appointment. 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
5037-525: Was approved, and the names of the first appointees were published in the Edinburgh Gazette on September 3, 1897. By decision of Lord President Robertson , these first Scottish Queen's Counsel were not required to make a declaration not to act against the Crown, and so Scottish King's Counsel have never been required to obtain a licence to plead in order to do so. In 2005, there were more than 150 QCs in Scotland. The appointment of King's Counsel
5110-533: Was criticised by some as a breach of the protocol against "courtesy silk". Similarly when Harriet Harman was appointed as Solicitor General she was made a QC. Suella Braverman took silk on 25 February 2020; earlier that month she had, like Wright, been appointed Attorney General. Upon the death of Queen Elizabeth II and the succession of Charles III , the General Council of the Bar wrote that all QC titles changed to KC "with immediate effect". This
5183-657: Was not a matter of decision by the Bar Council, nor by the Crown Office. It is the automatic effect of the Demise of the Crown Act 1901 , s 1. King's Counsel are retained in several Commonwealth realms where Charles III is head of state . 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,
5256-546: Was not eliminated until 1884, half a century after the establishment of the Judicial Committee. Gradually, the appointment as King's Counsel or Queen's Counsel shifted from a vocational calling to a badge of honour and prestige. In 1898, Lord Watson noted in his opinion in Attorney General of the Dominion of Canada v. Attorney General for the Province of Ontario, writing on behalf of the Judicial Committee of
5329-534: Was reviewed by the Alberta Law Review Society which described the text as, "a valuable aid for legal researchers who wish to establish a background in the subject area as well as for practitioners who need to know what law applies to specific issues before them." Under the editorial direction of Jack Woodward, this work continues to bring together a timely consolidation of the significant statutes, regulations, and treaties that have an impact on
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