THE ADVOCATE 621
VOL. 80 PART 4 JULY 2022
FROM OUR
BACK PAGES
By D. Michael Bain,Q.C.
HER MAJESTY’S COUNSEL
* Reprinted from (1971) 29 Advocate 58.
By Alfred Watts, Q.C.
T he story of Her Majesty’s Counsel in British Columbia is
detailed for whatever reason the reader may consider valid.
Prior to 1899 all Q.C.’s in British Columbia became so by letters
Patent under the Great Seal of Canada. Seniority was based
on the date of the Patent and such seniority was retained if Counsel moved
from one Province to another. Until 1899 the total number so appointed and
practising in British Columbia was 14.
As in most matters where honours are bestowed it was not long before
questions were raised as to the entitlement of certain recipients in British
Columbia, the Benchers resolving (February 2, 1897):
Whereas appointments of Queen’s Counsel have in the past been made not
entirely based upon the position at the bar of the person appointed. And
whereas such appointments are not approved by the judiciary or the bar.
Therefore be it resolved that the Minister of Justice be respectfully
invited to hear the Benchers of the Law Society of British Columbia
before promoting any Barrister of British Columbia to the office of
Queen’s Counsel in case any further Provincial appointments should be
contemplated by the Dominion.
The Resolution was acknowledged but no steps were taken by the
Dominion Government.1 The situation rapidly became more confused fol-