Transportation Minister Caroline Mulroney was called to the Ontario bar just three days before the Ford government announced she was getting a special title for lawyers that has been widely denounced as a patronage honour, the Star has learned.The government declared Friday afternoon that it was reinstituting the honorary title of “King’s Counsel” for “lawyers who have demonstrated a commitment to the pursuit of legal excellence in service to the Crown, the public and their communities.” The designation carries no special privilege aside from allowing lawyers to put the initials “K.C.” next to their name. Nonetheless, the announcement was sharply criticized by lawyers and the opposition as a patronage scandal, given the number of Tory politicians, staffers and loyalists who were among the first 91 nominees. Much of the criticism centred on the curious case of Caroline Mulroney, who had only ever held a licence to practise law in New York, and was not an Ontario lawyer even when she served one year as the province’s attorney general. Mulroney was not yet listed in the Law Society of Ontario’s registry of lawyers when the government announced her K.C. designation. “Caroline Mulroney was given this patronage appointment ‘King’s Counsel’ designation … and isn’t even allowed to practise law in Ontario,” tweeted NDP Leader Marit Stiles over the weekend.The Law Society confirmed to the Star on Tuesday that Mulroney was administratively called to the bar — which doesn’t require having to attend an in-person ceremony — on June 27. The regulator said it is in the process of adding her to the directory. Her status is expected to be “Not practising law — Employed,” typically used for lawyers working in government or companies and who don’t provide legal services.“The timing is either one of the largest coincidences that leads to bad optics, but more likely it was a necessary precondition for her to get her fake honour,” said Ottawa criminal defence lawyer Michael Spratt, one of several lawyers who have questioned Mulroney getting a K.C. Mulroney’s office did not return the Star’s request for comment Tuesday.The Law Society also confirmed that Mulroney was called to the bar in accordance with the provisions of Ontario’s Barristers Act. The Ford government amended the act in 2021 — after Mulroney had been shuffled to the Transportation Ministry — to state that persons who have held the title of attorney general of Ontario are entitled to be called to the bar without having to comply with any of the Law Society’s rules for licensing, examinations and payment of fees.The act had previously limited that privilege solely to persons who had held the federal titles of attorney general or solicitor general of Canada.Spratt noted that many foreign-trained lawyers have had to work hard to meet the Law Society’s high standards for admission. “But it seems that for Ms. Mulroney, it’s not so much about qualifications or work ethic, it’s about her position of power, and then using that position of power to burnish her CV and add letters after her name,” he said.The government awarded K.C.s on Friday to all the lawyers in cabinet, including Mulroney and current Attorney General Doug Downey; most Tory MPPs who are lawyers; Downey’s current and former chiefs of staff; Premier Doug Ford’s long-time lawyer; and a former Progressive Conservative party president.Prominent nominees unaffiliated with the Tories include top litigator Marie Henein and Ontario Human Rights Commission chief commissioner Patricia DeGuire.Ontario stopped issuing the special designation in 1985 under the Liberal government of David Peterson. Known as Queen’s Counsel, or Q.C.s, during the reign of Queen Elizabeth II, Peterson put an end to the title because it had become “corrupted” and was widely seen as a patronage tool.“It lost all meaning, and so any principled approach would have been to stop them,” Peterson, who became a K.C. prior to leading the Liberals to victory, told the Star on Saturday. (Peterson now serves as chair of Torstar, the Star’s parent company.)“I just think it’s unbelievable that they would reinstitute this.”Downey decided to revive the designation to mark King Charles’s coronation and after hearing “from many individuals and stakeholders in the Ontario legal community” about bringing it back to recognize lawyers for excellence and public service, said his spokesperson, Andrew Kennedy. (Two major legal organizations told the Star they had not been consulted by the government.)There had been no public call for nominations, or information about specific criteria or the appointment process prior to last Friday’s announcement. Kennedy said Tuesday that the first round of designations was focused on lawyers “who went above and beyond” in the profession, and that all lawyers in the public service, all sitting MPPs, and others were considered. Nominees had the opportunity to decline, he said.“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. Other provinces have continued awarding the designation. At the federal level, the Liberals have only granted them to the attorney general of Canada since coming to power in 2015, with current Justice Minister David Lametti and predecessor Jody Wilson-Raybould each receiving one. Both had already been called to the bar of their respective province before becoming attorney general.The Law Society, which is responsible for regulating the legal profession in the public interest, declined to comment on the patronage accusations or concerns raised by critics that a K.C. designation could mislead the public about a lawyer’s qualifications. While stating that some people on Friday’s list are worthy of the honour, the reincarnation of the designation “reeks of patronage” due to the lack of a transparent appointment process, said lawyer Jonathan Rosenthal, a Law Society board member speaking on his own behalf. “This designation distinguishes classes of lawyers, and a member of the public hiring a K.C. in Ontario will assume, unless they read the fine print, that they have that special skill, that they’re different from the average lawyer,” he said. “And that does not protect the public interest.”Jacques Gallant is a Toronto-based reporter covering courts, justice and legal affairs for the Star. Follow him on Twitter: @JacquesGallant
Transportation Minister Caroline Mulroney was called to the Ontario bar just three days before the Ford government announced she was getting a special title for lawyers that has been widely denounced as a patronage honour, the Star has learned.
The government declared Friday afternoon that it was reinstituting the honorary title of “King’s Counsel” for “lawyers who have demonstrated a commitment to the pursuit of legal excellence in service to the Crown, the public and their communities.”
The designation carries no special privilege aside from allowing lawyers to put the initials “K.C.” next to their name. Nonetheless, the announcement was sharply criticized by lawyers and the opposition as a patronage scandal, given the number of Tory politicians, staffers and loyalists who were among the first 91 nominees.
Much of the criticism centred on the curious case of Caroline Mulroney, who had only ever held a licence to practise law in New York, and was not an Ontario lawyer even when she served one year as the province’s attorney general. Mulroney was not yet listed in the Law Society of Ontario’s registry of lawyers when the government announced her K.C. designation.
“Caroline Mulroney was given this patronage appointment ‘King’s Counsel’ designation … and isn’t even allowed to practise law in Ontario,” tweeted NDP Leader Marit Stiles over the weekend.
The Law Society confirmed to the Star on Tuesday that Mulroney was administratively called to the bar — which doesn’t require having to attend an in-person ceremony — on June 27.
The regulator said it is in the process of adding her to the directory. Her status is expected to be “Not practising law — Employed,” typically used for lawyers working in government or companies and who don’t provide legal services.
“The timing is either one of the largest coincidences that leads to bad optics, but more likely it was a necessary precondition for her to get her fake honour,” said Ottawa criminal defence lawyer Michael Spratt, one of several lawyers who have questioned Mulroney getting a K.C.
Mulroney’s office did not return the Star’s request for comment Tuesday.
The Law Society also confirmed that Mulroney was called to the bar in accordance with the provisions of Ontario’s Barristers Act. The Ford government amended the act in 2021 — after Mulroney had been shuffled to the Transportation Ministry — to state that persons who have held the title of attorney general of Ontario are entitled to be called to the bar without having to comply with any of the Law Society’s rules for licensing, examinations and payment of fees.
The act had previously limited that privilege solely to persons who had held the federal titles of attorney general or solicitor general of Canada.
Spratt noted that many foreign-trained lawyers have had to work hard to meet the Law Society’s high standards for admission. “But it seems that for Ms. Mulroney, it’s not so much about qualifications or work ethic, it’s about her position of power, and then using that position of power to burnish her CV and add letters after her name,” he said.
The government awarded K.C.s on Friday to all the lawyers in cabinet, including Mulroney and current Attorney General Doug Downey; most Tory MPPs who are lawyers; Downey’s current and former chiefs of staff; Premier Doug Ford’s long-time lawyer; and a former Progressive Conservative party president.
Prominent nominees unaffiliated with the Tories include top litigator Marie Henein and Ontario Human Rights Commission chief commissioner Patricia DeGuire.
Ontario stopped issuing the special designation in 1985 under the Liberal government of David Peterson. Known as Queen’s Counsel, or Q.C.s, during the reign of Queen Elizabeth II, Peterson put an end to the title because it had become “corrupted” and was widely seen as a patronage tool.
“It lost all meaning, and so any principled approach would have been to stop them,” Peterson, who became a K.C. prior to leading the Liberals to victory, told the Star on Saturday. (Peterson now serves as chair of Torstar, the Star’s parent company.)
“I just think it’s unbelievable that they would reinstitute this.”
Downey decided to revive the designation to mark King Charles’s coronation and after hearing “from many individuals and stakeholders in the Ontario legal community” about bringing it back to recognize lawyers for excellence and public service, said his spokesperson, Andrew Kennedy. (Two major legal organizations told the Star they had not been consulted by the government.)
There had been no public call for nominations, or information about specific criteria or the appointment process prior to last Friday’s announcement.
Kennedy said Tuesday that the first round of designations was focused on lawyers “who went above and beyond” in the profession, and that all lawyers in the public service, all sitting MPPs, and others were considered. Nominees had the opportunity to decline, he said.
“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.
Other provinces have continued awarding the designation. At the federal level, the Liberals have only granted them to the attorney general of Canada since coming to power in 2015, with current Justice Minister David Lametti and predecessor Jody Wilson-Raybould each receiving one. Both had already been called to the bar of their respective province before becoming attorney general.
The Law Society, which is responsible for regulating the legal profession in the public interest, declined to comment on the patronage accusations or concerns raised by critics that a K.C. designation could mislead the public about a lawyer’s qualifications.
While stating that some people on Friday’s list are worthy of the honour, the reincarnation of the designation “reeks of patronage” due to the lack of a transparent appointment process, said lawyer Jonathan Rosenthal, a Law Society board member speaking on his own behalf.
“This designation distinguishes classes of lawyers, and a member of the public hiring a K.C. in Ontario will assume, unless they read the fine print, that they have that special skill, that they’re different from the average lawyer,” he said.
“And that does not protect the public interest.”
Jacques Gallant is a Toronto-based reporter covering courts, justice and legal affairs for the Star. Follow him on Twitter: @JacquesGallant
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