Acts and Regulations

Q-2 - Queen’s Counsel and Precedence Act

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Repealed on 1 March 2013
CHAPTER Q-2
Queen’s Counsel and
Precedence Act
Repealed: R.S.N.B. 2012, Schedule A
Appointment of Queen’s Counsel
1The Lieutenant-Governor, by letters patent under the Great Seal of the Province, in Her Majesty’s name, may appoint from the members of the Bar of the Province, such persons as he may deem right to be Her Majesty’s Counsel, learned in the law.
R.S., c.188, s.1
Recommendation for appointment
2Except in the case of a person who, at the time of his appointment, is Attorney General of Canada or Attorney General of New Brunswick, no such appointment shall be made of any person unless a committee consisting of the Chief Justice of New Brunswick, the Attorney General of New Brunswick and the President of the Law Society of New Brunswick has unanimously recommended him for such appointment.
R.S., c.188, s.2; 1979, c.41, s.104; 1981, c.6, s.1; 1984, c.29, s.1; 1987, c.6, s.94; 2012, c.5, s.1
Power of Cabinet to determine precedence in courts
3Subject to the rights and privileges of the Attorney General, the precedence in the Courts of the Province may be determined by the Lieutenant-Governor in manner hereinafter mentioned.
R.S., c.188, s.3; 1981, c.6, s.1
Patent of precedence
4The Lieutenant-Governor, by letters patent under the Great Seal of the Province, in Her Majesty’s name, may grant to any member of the Bar of the Province, if he deems right so to do, a patent of precedence in the Courts of the Province.
R.S., c.188, s.4
Patent of precedence
5A Queen’s Counsel or a person to whom such patent of precedence has been granted has such rank, precedence and pre-audience among the members of the Bar as is assigned by such letters patent.
R.S., c.188, s.5
Precedence among attorneys
6The remaining members of the Bar shall as between themselves have precedence in the Courts in the order of their call to the Bar of the Province.
R.S., c.188, s.6
Precedence of Crown officer
7Nothing in this Act affects or alters any rights of precedence which appertain to any member of the Bar when acting as counsel for Her Majesty or for any Attorney General of Her Majesty in any matter depending in the name of Her Majesty or of the Attorney General before the courts.
R.S., c.188, s.7
Regulations
8The Lieutenant-Governor in Council may, on the unanimous recommendation of a committee consisting of the Chief Justice of New Brunswick, the Attorney General of New Brunswick and the President of the Law Society of New Brunswick, make regulations
(a) respecting the frequency of appointments of Queen’s Counsel;
(b) establishing a maximum number of Queen’s Counsel to be appointed from time to time;
(c) establishing a maximum number of Queen’s Counsel in relation to the number of members of the Bar;
(d) respecting the qualifications of persons to be appointed as Queen’s Counsel;
(e) respecting procedures to be followed in recommending appointments of Queen’s Counsel;
(f) generally, for the better administration of this Act.
1981, c.66, s.1; 1984, c.29, s.2; 1987, c.6, s.94
N.B. This Act is consolidated to March 1, 2013.