‘King’s Counsel’ is the controversial title awarded to Caroline Mulroney and other Doug Ford allies. What exactly does it mean?

Doug Ford’s government is staring down another controversy this week after quietly reinstating a special designation for lawyers and bestowing it on numerous Tory politicians, staffers and loyalists.

The provincial government issued a press release late Friday afternoon, just before the Canada Day long weekend, noting it was reviving the honorary title of “King’s Counsel” and awarding it to some 91 appointees, many of whom members of Ford’s government or closely associated with it.

Among those now holding the title include long-time Ford family lawyer Gavin Tighe, former Progressive Conservative party president Blair McCreadie, ex-deputy premier and health minister Christine Elliott, and former federal Conservative ministers Peter Van Loan and Rob Nicholson.

Also on the list are cabinet ministers Attorney General Doug Downey and transportation minister Caroline Mulroney, who was called to the bar just three days before receiving the title.

The appointments have fuelled a wave of criticism from opposition MPPs, former politicians and legal experts, some of whom have characterized the move as a patronage scandal and one that has corrupted the special designation.

What does the King’s Counsel designation signify?

The honorary title is handed out by many other Commonwealth jurisdictions and Canadians provinces. According to the provincial government’s press release, the designation is “given to lawyers who have demonstrated a commitment to the pursuit of legal excellence in service to the Crown, the public and their communities.”

In light of the recent appointments, however, some say the designation is now nothing more than a patronage tool to reward those close to the government.

“The fact this comes out at the end of the day Friday before a long weekend sort of tells you what the government themselves think of it, they know it’s kind of an embarrassment,” human rights lawyer Paul Champ told the Star.

“It demeans the profession, in my opinion.”

Do King’s Counsel appointees receive any special privileges?

Lawyers who receive a King’s Counsel designation may add the initials “K.C.” next to their name. Traditionally, these lawyers are also entitled to wear a special silk robe. (Hence, their appointment to the King’s Counsel as sometimes referred to as “taking silk.”)

Beyond that, however, King’s Counsel lawyers do not appear to be afforded any other special privileges.

What’s the history of the “King’s Counsel” title?

When the sovereignty passes from a queen to a king, as was the case with the passing of Queen Elizabeth II and the ascension of King Charles III, the honorary title automatically switches from the Queen’s Counsel to the King’s Counsel, and vice versa.

In the United Kingdom, where the designation originated, the first Queen’s Counsel was appointed by Queen Elizabeth I in 1597.

Both the federal and provincial governments in Canada can appoint lawyers to the King’s Counsel. Ontario, however, scrapped the practice in the 1980s, under former Liberal premier David Peterson, because it was seen as a patronage tool.

The appointments announced Friday are the first since the designation has been revived in the province.

What’s the selection criteria?

Regarding the latest appointments in Ontario, there had been no public call for nominations. There was also no information about specific criteria or the appointment process prior to last Friday’s press release.

Meanwhile, two major legal organizations told the Star they had not been consulted by the government before the honorary title was reinstated.

Andrew Kennedy, spokesperson for Downey, said the first round of designations was focused on lawyers “who went above and beyond” in the profession.

“On a moving-forward basis, there will be a public application process, and to be awarded the designation, lawyers must have demonstrated a significant contribution to our justice system and work in the public interest,” Kennedy said.

Many other jurisdictions that confer the title have established advisory committees comprised of members of the judiciary, local law society and government. While selection processes vary, most are application-based, while others seek public nomination calls.

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