AI-assisted research summary: This Act lets the Lieutenant Governor in Council appoint certain Saskatchewan lawyers as King’s Counsel, sets eligibility limits and court precedence rules, and revokes an appointment if the person is disbarred for most reasons and does not return the letters patent.
1 KING’S COUNSEL c 29 The King's Counsel Act being Chapter 29 of the Statutes of Saskatchewan, 2023 (effective May 17, 2023). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 c 29 KING’S COUNSEL Table of Contents 1 Short title 6 Precedence of other members of the Bar 2 Appointment 7 Crown counsel 3 Exception and limitation 8 Revocation of appointment 4 Precedence of certain officials 9 RSS 1978, c Q‑2 repealed 5 Precedence of King’s Counsel 10 Coming into force 3 KING’S COUNSEL c 29 CHAPTER 29 An Act respecting King’s Counsel and Precedence at the Bar Short title 1 This Act may be cited as The King’s Counsel Act. Appointment 2 The Lieutenant Governor in Council may authorize the issue of letters patent under the Great Seal for the appointment during pleasure of members of the Bar of Saskatchewan residing in Saskatchewan as provincial officers under the name of His Majesty’s counsel learned in the law for Saskatchewan. 2023, c 29, s 2. Exception and limitation 3 Other than a person who holds or has held the office of Attorney General or Solicitor General of Canada or Attorney General or Deputy Attorney General for Saskatchewan, a person is not eligible to be appointed pursuant to section 2 unless that person has been entitled during 10 years to practise in the superior courts of the United Kingdom of Great Britain and Northern Ireland or of any province or territory of Canada or for a portion of that period in one and for the remaining portion of that period in another or others of those courts. 2023, c 29, s 3. Precedence of certain officials 4 The following members of the Bar of Saskatchewan have precedence in the courts of Saskatchewan in the following order: (a) the Attorney General for Saskatchewan for the time being; (b) the members of the Bar of Saskatchewan who have filled the office of Attorney General of Canada or of Attorney General for Saskatchewan according to seniority of appointment as Attorney General; (c) the members of the Bar of Saskatchewan who have filled the office of Solicitor General of Canada according to seniority of appointment as Solicitor General. 2023, c 29, s 4. 4 c 29 KING’S COUNSEL Precedence of King’s Counsel 5 Members of the Bar of Saskatchewan appointed by the Lieutenant Governor in Council to be His Majesty’s counsel learned in the law for Saskatchewan severally have the precedence in the courts of Saskatchewan that is assigned to them by the Lieutenant Governor in Council under the Great Seal. 2023, c 29, s 5. Precedence of other members of the Bar 6 The remaining members of the Bar of Saskatchewan as between themselves have precedence in the courts of Saskatchewan in the order of their enrolment. 2023, c 29, s 6. Crown counsel 7(1) Nothing in this Act affects or alters any right of precedence that applies to a member of the Bar of Saskatchewan when acting as counsel for His Majesty or for any Attorney General of His Majesty in any matter in the name of His Majesty or of the Attorney General before the courts. (2) The right and precedence mentioned in subsection (1) remains as if this Act had not been passed. 2023, c 29, s 7. Revocation of appointment 8 If a person who has been appointed to be one of His Majesty’s counsel learned in the law for Saskatchewan is disbarred pursuant to The Legal Profession Act, 1990 for any cause other than non‑payment of fees payable by that person to the law society: (a) the appointment is, on disbarment, automatically revoked and that person shall promptly forward the person’s letters patent to the Attorney General for Saskatchewan; and (b) if the person fails to forward the letters patent pursuant to clause (a), the person is guilty of an offence and liable on summary conviction to a fine not exceeding $50. 2023, c 29, s 8. RSS 1978, c Q‑2 repealed 9 The Queen’s Counsel Act is repealed. 2023, c 29, s 9. Coming into force 10 This Act comes into force on assent. 2023, c 29, s 10. REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2023