Ford didn't see or approve list of lawyers getting King's counsel designation

Ontario Premier Doug Ford attends a news conference at Bramalea GO Station, in Brampton, on Thursday May 11, 2023. THE CANADIAN PRESS/Chris Young

Ontario Premier Doug Ford said Tuesday he did not see or approve names of lawyers his attorney general has designated King's Counsel, an honorary title done away with decades ago due to patronage concerns.

The government quietly issued a statement on the Friday afternoon before the Canada Day long weekend with Attorney General Doug Downey announcing he was reviving the designation for lawyers "who have demonstrated a commitment to the pursuit of legal excellence in service to the Crown, the public and their communities."

As first reported by the Toronto Star, the list includes the members of Ford's cabinet who are lawyers, Tory staffers, prominent Conservatives, Ford family lawyer Gavin Tighe, and Downey himself.

Ford spoke about the matter during a news conference at the premiers' meeting in Winnipeg on Tuesday.

"I didn't approve any list, I didn't see a list," he said.

"I think we have to have a rigorous application process, which we will be doing moving forward. But (to) be very frank, I have so many other more important issues than putting K.C. behind a bunch of lawyers' names."

Ford said he has confidence in his attorney general.

A spokesperson for Downey said the attorney general had heard from "many individuals and stakeholders in the Ontario legal community" who wanted to bring back the designation.

"For the inaugural round of designations, considerations were focused on those who went above and beyond in their commitment to the Crown and public service to provide counsel, expertise and many hours of their own time to help the government navigate through the challenges of COVID-19 and Ontario's recovery," Andrew Kennedy wrote in a statement.

"The Attorney General considered lawyers in the public service, including all sitting MPPs, as well as lawyers who support the government through various boards, commissions and other advisory capacities, and others who have significantly contributed to Ontario's public service. Only those in good standing with the Law Society of Ontario are entitled to receive it."

Transportation Minister Caroline Mulroney, a former attorney general, received the designation but was called to the bar just days earlier. A spokesperson for the Law Society of Ontario said Mulroney was called to the bar administratively, meaning she did not attend a ceremony, on June 27.

 In the future there will be a public application process, Downey's spokesperson said.

NDP Leader Marit Stiles said the list of K.C. designations raises many questions and "erodes whatever integrity this government has left."

"Are they selling these honorifics?" she wrote in a tweet. "How else did they pick these names? What was the process? Why did they try and sneak it past Ontarians?"

Former Liberal premier David Peterson said he got rid of the designation in the mid 1980s because it had become used for patronage purposes by previous Progressive Conservative governments.

One of those past Tory governments gave the designation to Peterson, who said he hadn't been to a courtroom since his law student days.

"In those days the way you do patronage, you give it to 25 Tories and one Liberal," he said. "I was a member of parliament, but I was also cover."

Peterson said the designation, which does not carry any financial benefits, is meaningless to those in the profession.

"This is just corrupt," he said. "I couldn't believe they brought it back, the sheer effrontery of it."

At best, it's misleading, a fancy designation that may make people think someone is a really good lawyer, he said.

After they got rid of the designation, Peterson's government created the Order of Ontario, the province's highest honour for civilians, as a way to recognize community service.

This report by The Canadian Press was first published July 11, 2023.