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65-506: William Neil Rowe , QC (born June 4, 1942) is a former politician, lawyer, broadcaster, and writer in Newfoundland and Labrador , Canada. Rowe was born in Grand Bank and is the son of the late Liberal Senator Frederick William Rowe and the late Edith Laura Butt. Rowe attended Memorial University of Newfoundland where he earned a Bachelor of Arts. He studied for a Bachelor of Law at

130-701: A KC in Scotland in 1948. In Australia, the first QC appointed was Roma Mitchell , appointed 1962, who later became the first female Justice of the Supreme Court of South Australia (1965), and then the first female Acting Chief Justice. In 1994, solicitors of England and Wales became entitled to gain rights of audience in the higher courts, and some 275 were so entitled in 1995. In 1995, these solicitors became entitled to apply for appointment as Queen's Counsel. The first two solicitors were appointed on 27 March 1997, out of 68 new QCs. These were Arthur Marriott, partner in

195-541: A form of seniority that allowed them to address the court before others – allowed for the swift resolution of Crown litigation. The new rank of King's Counsel contributed to the gradual obsolescence of the formerly more senior serjeant-at-law by superseding it. The attorney-general and solicitor-general had similarly succeeded the king's serjeants as leaders of the Bar in Tudor times, though not technically senior until 1623, except for

260-540: A junior barrister, and led the direction of the case. The junior barrister on a case could not disagree with the direction determined by the senior barrister. On colonial appeals to the Judicial Committee of the Privy Council , established in 1833, the rule originally was that the case had to be led by a Queen's Counsel from England, even if the colonial counsel held the same rank in the colonial courts. This rule

325-470: A junior barrister, and they had to have barristers' chambers in London. These restrictions had a number of consequences: they made the taking of silk something of a professional risk, because the appointment abolished some of the staple work of the junior barrister; they made the use of leading counsel more expensive, and therefore ensured that they were retained only in more important cases; and they protected

390-469: A major contribution to the law of England and Wales but who operate outside court practice. Until the 1990s there was a practice that sitting members of the UK Parliament (MPs) who were barristers were appointed QC, if they wished, on reaching a certain level of seniority of around fifteen years at the bar. Such appointments were sometimes known as "courtesy" or even "false" silk, and also as "nylons". In

455-421: A nationwide inquiry into fishermen's perceived income tax problems with Revenue Canada. Rowe was appointed to Queen's Counsel in 2007. A long-time public affairs commentator, Rowe has appeared regularly on national and local television and radio. He has hosted a daily call-in show on VOCM and CFCB radio for nearly thirty years, which focuses on public issues and is carried throughout the province and around

520-501: A screening committee of members of the judiciary and the legal community, which submitted recommendations for appointment to the Minister of Justice and Solicitor General and Cabinet for consideration, who in turn recommends names to Cabinet. In 2020, the province designated over 130 lawyers as Queen's Counsel, and another round of appointees in February 2022. King's Counsel are appointed by

585-525: A supervisory role in litigation. In practice this meant that the practitioner would review and revise the written pleadings of their junior. Initially the status of QC was reserved first for law officers ( Lord Advocate and Solicitor General for Scotland ) and soon after for the Dean of the Faculty of Advocates. In 1897, a petition by the Faculty of Advocates for the establishment of a Scottish roll of Queen's Counsel

650-533: A vigorous campaign was mounted in defence of the system. Supporters included those who considered it as an independent indication of excellence to those (especially foreign commercial litigants) who did not have much else to go on, and those who contended that it was a means whereby the most able barristers from ethnic minorities could advance and overcome prejudice as well as better represent members of an increasingly diverse society. The government's focus switched from abolition to reform and, in particular, reform of

715-442: A volume of essays on politics and public affairs published by Jesperson Press of St. John's; Danny Williams: The War with Ottawa , published in 2010 by Flanker Press; and Danny Williams, Please Come Back , a compilation of his columns and commentaries, published in 2011 by Flanker Press. In 2012, Flanker Press published Rosie O'Dell , a novel whose cover featured a prominent "Warning: Graphic Content and Mature Subject Matter." Rowe

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780-548: Is a member of the Writers' Union of Canada and has served on the executive of the Writers' Alliance of Newfoundland and Labrador. On June 22, 2011, Rowe announced on his radio show his intention to retire from VOCM after nearly thirty years to write full-time. He has agreed to fill in periodically for the regular talk show hosts. His last day as host of his show, BackTalk, was Friday, June 24, 2011. Paddy Daly took over for him on August 1, 2011. On March 8, 2013, Rowe once again took over

845-754: Is made on the recommendation of the Lord Justice General to the First Minister of Scotland , formerly the Secretary of State for Scotland . In the 1990s, rules were changed so that solicitors with rights of audience in the Court of Session or High Court of Justiciary were permitted to apply for appointment, and two or three have done so. A solicitor advocate who is so appointed is designated as King's Counsel, Solicitor Advocate . An award of King's Counsel honoris causa (honorary KC) may be made to lawyers who have made

910-465: Is organised as the Faculty of Advocates and its members are known not as barristers but as advocates. The position of Queen's Counsel was not recognised before 1868. The Scottish bar did have a concept of senior counsel before the introduction of the formal rank of Queen's Counsel. An advocate would self-declare that they were 'giving up writing', meaning that they would no longer draft pleadings and move onto

975-529: The 2009 and 2013 elections . Simms announced in May 2017 announced that he will not seek another term in the 2017 election . Simms' first foray into provincial politics was in the 1993 provincial election , representing the Progressive Conservative Party in the electoral district of Harbour Main . He came in second to Don Whelan, receiving 3141 votes to Whelan's 3310. In 2014, Simms joined

1040-484: The Elliott Report , that the royal oath should be dropped and replaced by a more neutral statement. It suggested that, instead of declaring services to Queen Elizabeth, barristers should "sincerely promise and declare that I will well and truly serve all whom I may lawfully be called to serve in the office of one of Her Majesty's Counsel, learned in the law according to the best of my skill and understanding". In 1997,

1105-607: The Kingdom of England . The first Queen's Counsel Extraordinary was Sir Francis Bacon , who was given a patent giving him precedence at the Bar in 1597, and formally styled King's Counsel in 1603. The right of precedence before the Court granted to Bacon became a hallmark of the early King's Counsel. True to their name, King's and Queen's Counsel initially were representatives of the Crown. The right of precedence and pre-audience bestowed upon them –

1170-867: The Law Society of British Columbia . A recipient must have at least five years' standing at the bar of British Columbia. In practice, the Attorney General appoints an advisory committee which includes these officials and also the Chief Judge of the Provincial Court , the president of the British Columbia Branch of the Canadian Bar Association and the deputy attorney general . Candidates must be acknowledged by their peers as leading counsel, have demonstrated exceptional qualities of leadership in

1235-624: The Liberal Office of the Official Opposition as an advisor. Following the Liberals forming government in the 2015 election, Simms was appointed as a researcher in the government members' office until being laid-off in 2017. In 2015, Simms announced he would seek the Liberal Party nomination in the district of Mount Pearl North . He was subsequently acclaimed as the party's candidate for

1300-596: The Lord Chancellor , but without comment on individual applications. The Lord Chancellor supervises the process and reviews the panel's recommendations in general terms (to be satisfied that the process as operated is fair and efficient). Application forms under the new system were released in July 2005 and the appointment of 175 new Queen's Counsel was announced on 20 July 2006. A total of 443 people had applied (including 68 women, 24 ethnic minority lawyers, and 12 solicitors). Of

1365-605: The Lord Chief Justice , Sir Robert Carswell , wrote "I have little doubt myself that this is all part of an ongoing politically-based campaign to have the office of Queen's Counsel replaced by a rank entitled Senior Counsel, or something to that effect". In 2000, the Northern Ireland High Court ruled in the barristers' favour. After more wrangling, the barristers were permitted to make "a more neutral statement" of commitment to principles. The independent bar

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1430-565: The Oath of Supremacy , which Daniel O'Connell refused as a Roman Catholic . Despite being the most prominent and best-paid barrister in Ireland, he was a junior counsel for 30 years until granted a patent of precedence in 1831. From the beginning, KCs were not allowed to appear against the Crown without a special licence, but this was generally given as a formality. This stipulation was particularly important in criminal cases, which are mostly brought in

1495-500: The University of New Brunswick on a Sir James Hamet Dunn Scholarship, and went on to become a Rhodes Scholar , graduating with an Honours M.A in Law from the University of Oxford . He entered politics and was elected to the Newfoundland and Labrador House of Assembly five times as a Liberal MHA, first at the age of twenty-four. He was appointed, at twenty-six, as a Cabinet Minister in

1560-409: The 175 appointed, 33 were women, 10 were ethnic minorities, and four were solicitors. Six people were also appointed QC honoris causa . The title of KC continues to be used. In 1998 two Northern Ireland barristers ( Seamus Treacy and Barry Macdonald) opposed the requirement of swearing an oath of allegiance to the Crown. The Bar Council, the body which represents barristers' interests, had agreed, in

1625-482: The 1990s, it was felt that the practice of granting silk to MPs in this way, without considering their abilities, devalued the rank and the practice was abolished. However, for now the practice persists for law officers of the Crown. Former Attorney General for England and Wales Jeremy Wright was not a QC when he was appointed, a subject which attracted some comment. Despite not having practised law for some time, Wright took silk shortly after his appointment, which

1690-594: The 74 Senior Counsel appointed in Queensland before the reintroduction of Queen's Counsel in June 2013, only four opted to retain their title of Senior Counsel. In 2014, Victoria also restored the rank of Queen's Counsel, by way of making new appointments first as Senior Counsel, but then giving the option to seek appointment as Queen's Counsel by letters patent. In 2019, the South Australian Government announced it

1755-723: The Commonwealth Government followed over the next 15 years, including the ACT in 1995, Victoria in 2000, Western Australia in 2001, Tasmania in 2005, and South Australia in 2008. In the Northern Territory , the rank of King's Counsel was never formally abolished, but in 2007 the rules of the Territory's Supreme Court were amended to facilitate the appointment of Senior Counsel by the Chief Justice. Those appointed QC before

1820-519: The Government of Joey Smallwood and became responsible for several departments. He was later elected as Leader of the Opposition , holding that position from 1977 to 1979. He resigned his position prior to the 1979 general election , in favour of Don Jamieson , but kept his own seat. One of Rowe's political aides while he was Opposition Leader was a young Brian Tobin . In 1982, Rowe lost his seat in

1885-642: The London office of the Wilmer Cutler Pickering Hale and Dorr , and Lawrence Collins , a partner in the City of London law firm Herbert Smith . Collins was subsequently appointed a High Court judge and ultimately a Justice of the Supreme Court of the United Kingdom . The appointment of new Queen's Counsel was suspended in 2003, and it was widely expected that the system would be abolished. However,

1950-594: The Newfoundland general election, which saw the Progressive Conservatives under the leadership of Brian Peckford , win by a landslide, taking 44 seats. After leaving politics, Rowe resumed his law practice . As a lawyer, he practiced in St. John's for over three decades, concentrating for years on labour-management arbitrations. During the 1980s he was retained by the federal Minister of National Revenue to conduct

2015-461: The Privy Council , that: The exact position occupied by a Queen's Counsel duly appointed is a subject which might admit of a good deal of discussion. It is in the nature of an office under the Crown, although any duties which it entails are almost as unsubstantial as its emoluments; and it is also in the nature of an honour or dignity to this extent, that it is a mark and recognition by the Sovereign of

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2080-635: The Solicitor General. It is still the rule that junior counsel must follow the lead of senior counsel in pleading a case, and cannot depart from senior counsel's approach to the issues. The first woman appointed King's Counsel was Helen Kinnear in Canada in 1934. The first women to be appointed as King's Counsel in England and Wales were Helena Normanton and Rose Heilbron in 1949. They were preceded by Margaret Kidd KC (later Dame Margaret Kidd QC) appointed

2145-550: The UK have the privilege of sitting within the inner bar of court. As members wear silk gowns of a particular design, appointment as King's Counsel is known informally as taking silk and KCs are often colloquially called silks . Appointments are made from within the legal profession on the basis of merit and not a particular level of experience. Successful applicants are normally barristers , or in Scotland, advocates , with at least 15 years of experience. In most Canadian jurisdictions,

2210-485: The appointment of Senior Counsel is not by letters patent, when a Senior Counsel takes office, there is no doctrinal reason why the title of Senior Counsel is lost. However, this is customarily not done, and the New South Wales Bar Association instructs that "KC" and "SC" postnominals should not be used for superior court judges. In Canada, both the federal government and the provincial governments have

2275-522: The bench and the bar, who give advice to the relevant Attorney General on appointments. The reforms have been designed to make the award a recognition of merit by individual members of the bar, often coupled with community service. The federal government stopped appointing Queen's Counsel in 1993, but resumed the practice in 2013 under the Harper Ministry . Appointments are recommended by the Minister of Justice, assisted by an advisory committee. In 2014,

2340-445: The change in each jurisdiction were permitted to retain the old title. In the 2010s, some states moved to revert to the old title of Queen's Counsel. In 2013, Queensland restored the rank of Queen's Counsel. Those appointed Senior Counsel before the reintroduction of Queen's Counsel were given the option of retaining their old title or seeking appointment as Queen's Counsel, while all new appointments would be as Queen's Counsel only. Of

2405-673: The constitutional authority to appoint a lawyer as King's Counsel. During the reign of a queen, the title is properly "Her Majesty's Counsel learned in the law" but normally referred to as "Queen's Counsel" and abbreviated "Q.C." in English or "c.r." in French ( conseiller de la reine or conseillère de la reine for a female counsel). During the reign of a king, the title is "King's Counsel" or "K.C." in English, but continues to be "c.r." in French ( conseillier du roi or conseillière du roi ). Lawyers continue to be appointed King's Counsel by

2470-535: The crucial negotiations with the Government of Canada that led to the Atlantic Accord , which secured more than two billion dollars for Newfoundland and Labrador. Rowe has written five books: Clapp's Rock , a best-selling novel published by McClelland & Stewart of Toronto and serialized on CBC Radio ; The Temptation of Victor Galanti , a second novel published by McClelland and Stewart; Is That You, Bill? ,

2535-472: The designation is regulated by formal statute, such as, for example, "King's Counsel Act" of British Columbia, that requires the candidates to have a minimum five years of experience, and to have made an outstanding contribution to the practice of law with high professional standards and good character and repute. The attorney general , solicitor-general and king's serjeants were King's Counsel in Ordinary in

2600-414: The federal government and by nine of the ten Canadian provinces . The award has been criticised in the past on the basis that appointment as King's Counsel depended largely on political affiliation. However, in those provinces which continue to appoint lawyers as King's Counsel reforms have been made to de-politicise the award. Candidates are increasingly screened by committees composed of representatives of

2665-518: The government appointed seven lawyers as Queen's Counsel. All were employed in the federal public service. Since 2015, under the Trudeau Ministry , federal appointments as a Queen's Counsel (or King's Counsel since 8 September 2022) has been limited to the Attorney General of Canada . Jody Wilson-Raybould was appointed as Queen's Counsel when she served as Attorney General and David Lametti

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2730-410: The hosting duties at VOCM Open Line, a week after the resignation of Open Line host Randy Simms over controversial comments made on-air to Natuashish Innu Band Chief Simeon Tshakapesh. Queen%27s Counsel A King's Counsel ( post-nominal initials KC ) is a senior lawyer appointed by the monarch (or their viceregal representative) of some Commonwealth realms as a "Counsel learned in

2795-432: The law". When the reigning monarch is a woman, the title is Queen's Counsel ( QC ). The position originated in England and Wales. Some Commonwealth countries have retained the designation, while others have either abolished the position or renamed it so as to remove monarchical connotations — for example, " Senior Counsel " or "Senior Advocate". Appointment as King's Counsel is an office recognised by courts . Members in

2860-589: The much-criticised "secret soundings" of judges and other establishment legal figures upon which the old system was based. This was held to be inappropriate and unfair given the size of the modern profession, as well as a possible source of improper government patronage (since the final recommendations were made by the Lord Chancellor, who is a member of the government), and discriminatory against part-time workers, women, and ethnic minorities. In November 2004, after much public debate in favour of and against retaining

2925-512: The name of the Crown. The result was that, until 1920 in England and Wales , KCs had to have a licence to appear in criminal cases for the defence. King's Counsel and serjeants were prohibited, at least from the mid-nineteenth century, from drafting pleadings alone; a junior barrister had to be retained. They could not appear in judges' chambers or inferior courts, either, other than in exceptional cases. They were not permitted to appear in court without

2990-477: The number of Queen's Counsel was seventy. In 1882, the number of Queen's Counsel was 187. The list of Queen's Counsel in the Law List of 1897 gave the names of 238, of whom hardly one third appeared to be in actual practice. In 1959, the number of practising Queen's Counsel was 181. In each of the five years up to 1970, the number of practising Queen's Counsel was 208, 209, 221, 236 and 262, respectively. In each of

3055-479: The option of changing their post-nominal to QC. With the death of Queen Elizabeth II, the Australian Bar Association confirmed that all existing Queen's Counsel would become King's Counsel automatically. When taking judicial office in a superior court, a barrister loses the title of King's Counsel and only regains it if new letters patent are issued after the person leaves office. Conversely, since

3120-414: The prestige of the serjeants and their priority before the courts. The earliest English law list, published in 1775, lists 165 members of the Bar, of whom 14 were King's Counsel, a proportion of about 8.5%. As of 2010 roughly the same proportion existed, though the number of barristers had increased to about 12,250 in independent practice (i.e., excluding pupil barristers and employed barristers). In 1839,

3185-551: The process involves a committee made up of senior members of the State's bar, and usually a non-practising former barrister such as a retired judge. The committee then consults with judges, peers, and law firms on the applicant's suitability for the position. The selection committee deliberates in private, and reasons for the decisions are not published. From 1993, the Commonwealth and most state and territory governments began to replace

3250-410: The profession, giving the holder certain rights and privileges in the courts. They were ranked as senior counsel, and took precedence in argument after the Attorney General and the Solicitor General of England. Barristers who were not King's (or Queen's) Counsel were termed junior barristers , and followed senior barristers in argument. King's (or Queen's) Counsel normally always appeared in courts with

3315-452: The profession, or have done outstanding work in legal scholarship. In 2020, the province designated twenty-six lawyers as Queen's Counsel, from a group of 136 nominees. Randy Simms Simms became mayor of Mount Pearl in 2007, when the previous mayor, Steve Kent stepped down to represent the district of Mount Pearl North in the House of Assembly . He was re-elected by acclaimation in

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3380-482: The professional eminence of the counsel upon whom it is conferred. Until the late 19th century, some barristers were granted a patent of precedence in order to obtain the same precedence as a KC without the concomitant restrictions. King's Counsel were originally considered an office of profit and hence, under the Act of Settlement 1701 , incompatible with membership of the House of Commons . KCs were also required to take

3445-454: The provincial Cabinet on the advice of the Attorney General of British Columbia . No more than 7% of the bar of British Columbia can be awarded the designation. Before making the recommendation to Cabinet, the Attorney General is required by statute to consult with the Chief Justice of British Columbia , the Chief Justice of the Supreme Court of British Columbia , and two lawyers appointed by

3510-408: The title of Queen's Counsel and appointment by letters patent with the title Senior Counsel as an honorific conferred by the legal profession, a trend that would reverse in the 2010s. There is no difference in status between a King's Counsel and a Senior Counsel. The first states to change to the title of Senior Counsel were New South Wales in 1993 and Queensland in 1994. Most other states and

3575-459: The title, the government announced that appointments of Queen's Counsel in England would be resumed but that future appointees would be chosen not by the government but by a nine-member panel, the Queen's Counsel Selection Panel , chaired by a lay person, to include two barristers, two solicitors, one retired judge, and three non-lawyers. Formally, the appointment remains a royal one made on the advice of

3640-420: The two senior king's serjeants, and 1813, respectively. King's Counsel came to prominence during the early 1830s, prior to which they were relatively few in number. It became the standard means to recognise a barrister as a senior member of the profession, and the numbers multiplied accordingly. It became of greater professional importance to become a KC, and the serjeants gradually declined. The KCs inherited

3705-401: The work of the junior bar, which could not be excluded by the retention of leading counsel. By the end of the twentieth century, however, all of these rules had been abolished. Appointment as QC has been said to be a matter of status and prestige only, with no formal disadvantages. In the 21st century, King's Counsel continue to have the seniority in audience, following the Attorney General and

3770-638: The world. Rowe was instrumental in exposing the Mount Cashel Orphanage scandal when he was host of VOCM's Open Line radio show. Rowe also wrote weekly public affairs columns for St. John's daily newspaper, The Telegram , the Corner Brook Western Star , and other newspapers. In 2004, Premier Danny Williams appointed him Provincial Representative in Ottawa , where he advised the Premier during

3835-408: The years 1973 to 1978, the number of practising Queen's Counsel was 329, 345, 370, 372, 384 and 404, respectively. In 1989, the number of practising Queen's Counsel was 601. In each of the years 1991 to 2000, the number of practising Queen's Counsel was 736, 760, 797, 845, 891, 925, 974, 1006, 1043, and 1072, respectively. In the 19th century in England, the position was primarily one of rank within

3900-555: Was also going to reinstate the title of Queen's Counsel, and most eligible took the opportunity. The Commonwealth appointed Queen's Counsel until March 2007. On 8 July 2010, Gillard government Attorney-General Robert McClelland appointed the first Commonwealth "Senior Counsel". In March 2014, Attorney-General George Brandis QC announced that the Commonwealth would revert to using the title of Queen's Counsel for new appointments and would give all existing Commonwealth Senior Counsel

3965-470: Was appointed a Queen's Counsel on 15 April 2019. However, Arif Virani , Attorney General of Canada since July 2023, does not appear to have received a federal King's Counsel appointment. The provincial Cabinet appoints lawyers, of at least 10 years' standing, as King's Counsel. Traditionally, the appointments are made every second year, but no appointments were made between 2016 and 2020. The nomination process resumed in 2019. Applications are reviewed by

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4030-517: Was approved, and the names of the first appointees were published in the Edinburgh Gazette on September 3, 1897. By decision of Lord President Robertson , these first Scottish Queen's Counsel were not required to make a declaration not to act against the Crown, and so Scottish King's Counsel have never been required to obtain a licence to plead in order to do so. In 2005, there were more than 150 QCs in Scotland. The appointment of King's Counsel

4095-526: Was criticised by some as a breach of the protocol against "courtesy silk". Similarly when Harriet Harman was appointed as Solicitor General she was made a QC. Suella Braverman took silk on 25 February 2020; earlier that month she had, like Wright, been appointed Attorney General. Upon the death of Queen Elizabeth II and the succession of Charles III , the General Council of the Bar wrote that all QC titles changed to KC "with immediate effect". This

4160-636: Was not a matter of decision by the Bar Council, nor by the Crown Office. It is the automatic effect of the Demise of the Crown Act 1901 , s 1. King's Counsel are retained in several Commonwealth realms where Charles III is head of state . Appointments in the Commonwealth of Australia are made at both a federal and state level. The selection process varies from state to state. In New South Wales , for example,

4225-584: Was not eliminated until 1884, half a century after the establishment of the Judicial Committee. Gradually, the appointment as King's Counsel or Queen's Counsel shifted from a vocational calling to a badge of honour and prestige. In 1898, Lord Watson noted in his opinion in Attorney General of the Dominion of Canada v. Attorney General for the Province of Ontario, writing on behalf of the Judicial Committee of

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