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Barristers Act

R.S.O. 1990, CHAPTER B.3

Consolidation Period: From May 1, 2007 to the e-Laws currency date.

Last amendment: 2006, c. 21, Sched. C, s. 99.

Call of Minister of Justice and Attorney General or Solicitor General

1. A person who is or has been Minister of Justice and Attorney General of Canada or Solicitor General of Canada is entitled to be called to the bar of Ontario without complying with the Law Society Act or any of the regulations or rules of the Society as to licensing, examinations, payment of fees or otherwise, and is thereupon entitled to practise at the bar of Her Majesty’s courts in Ontario. R.S.O. 1990, c. B.3, s. 1; 2006, c. 21, Sched. C, s. 99 (1).

Queen’s Counsel

2. (1) The Lieutenant Governor, by letters patent under the Great Seal, may appoint from the members of the bar of Ontario such persons as he or she considers proper to be, during pleasure, provincial officers under the name of “Her Majesty’s counsel learned in the law” for Ontario. R.S.O. 1990, c. B.3, s. 2 (1).

Licence revocation revokes Q.C. appointment

(2) If a barrister holds an appointment as a Queen’s counsel for Ontario, the revocation of his or her licence under the Law Society Act has the effect of revoking the appointment. 2006, c. 21, Sched. C, s. 99 (2).

Order of precedence at the bar

3. (1) The following members of the bar of Ontario have precedence in the courts of Ontario in the following order:

1. The Minister of Justice and Attorney General of Canada.

2. The Attorney General for Ontario.

3. The members of the bar who have held the office of Minister of Justice and Attorney General of Canada or Attorney General for Ontario or Minister of Justice and Attorney General for Ontario, according to seniority of appointment. R.S.O. 1990, c. B.3, s. 3 (1).

Patents of precedence

(2) The Lieutenant Governor, by letters patent under the Great Seal, may grant to any member of the bar a patent of precedence in the courts of Ontario. R.S.O. 1990, c. B.3, s. 3 (2).

Precedence of Queen’s Counsel

(3) Queen’s counsel for Ontario have precedence in the courts according to seniority of appointment unless otherwise provided in the letters patent. R.S.O. 1990, c. B.3, s. 3 (3).

Precedence of other members of the bar

(4) The remaining members of the bar, as among themselves, have precedence in the courts in the order of their call to the bar. R.S.O. 1990, c. B.3, s. 3 (4).

Crown Counsel

(5) Nothing in this Act affects or alters any rights of precedence that 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, but such right and precedence remain as if this Act had not been passed. R.S.O. 1990, c. B.3, s. 3 (5).

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