This Act sets who may be appointed King’s Counsel in Manitoba, requires the minister to consult an advisory council before recommending an appointment, and revokes an appointment automatically in certain disciplinary cases.
The King's Counsel Act, C.C.S.M. c. K10 (Assented to June 4, 2018) bilingual version (HTML) Table of Contents Section 1 Definitions 2 K.C. appointment, advisory council 3 Eligibility for appointment 4 Revocation 5 Attorney General appointed K.C. 6 Existing K.C. appointments 7 Legal Profession Act amended 8 C.C.S.M. reference 9 Coming into force 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 . (« Barreau ») Appointment of King'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 "His 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. S.M. 2022, c. 52, s. 3 . Eligibility for appointment 3 A lawyer is eligible to be appointed if the lawyer is currently a practising member of The Law Society of Manitoba and has or had (a) held a practising certificate for at least 10 years in any common law jurisdiction or Quebec; (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. S.M. 2021, c. 45, s. 22 . 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 K.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 "His Majesty's counsel learned in the law" for the Province of Manitoba. S.M. 2022, c. 52, s. 3 . Existing K.C. appointments 6 Any appointment of a lawyer as His 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. S.M. 2022, c. 52, s. 3 . 7 NOTE: This section contained a consequential amendment to The Legal Profession Act that is now included in that Act. C.C.S.M. reference 8 This Act may be referred to as chapter K10 of the Continuing Consolidation of the Statutes of Manitoba . S.M. 2022, c. 52, s. 3 . Coming into force 9 This Act comes into force on the day it receives royal assent.