Uncategorized November 23, 2022
Not everyone in Canada loves the monarchy. Polls suggest that the country is actually quite evenly divided on whether the institution is worth keeping. Is maintaining constitutional ties with the monarchy something that strengthens patriotism and democracy in Canada? Or is it simply undermining Canada`s independence from Britain and tying the country to an outdated political system? This is a debate that comes up a lot in the Canadian media, especially when the royal family comes to town. The monarch is at the top of the Canadian hierarchy and, as the embodiment of the state, he is also at the centre of the oaths of allegiance[n 14], required by many of the aforementioned Crown employees, as well as by new citizens as well as the Oath of Citizenship. Fidelity is given in exchange for the sovereign`s coronation oath, in which he or she promises the “peoples of . Canada. according to their respective laws and customs”.  Canada is historically recognized as a friendly place for the royal family. The position of monarch in Canada is also strongly protected by the Constitution Act, 1982 (which states that any major constitutional change, like any change of monarchy, requires the unanimous consent of the Senate, the House of Commons and the ten provincial legislatures), and treaties between the Crown and Indigenous peoples play a role in anchoring the monarchy. As a result, there have been very few national investigations into the role of the monarchy in Canada outside of academia. However, a poll conducted after the death of Queen Elizabeth II found that 54% of Canadians supported ending the monarchy and 58% supported a national referendum on the issue.  Nevertheless, monarchist Prime Minister Justin Trudeau was quick to respond by stating that the role of the monarchy in Canada was not up for debate.
In a face-to-face meeting with King Charles III in London, U.K., Trudeau also described that the monarchy offers Canada “stability” and said he did not see Canada breaking with the British monarchy in the near future.  Of the four largest political parties in Canada, neither the Liberal nor the Conservative Party is officially in favour of abolishing the monarchy (the Conservative Party cites support for constitutional monarchy as a founding principle in its policy statement), and the New Democratic Party has no official position on the role of the Crown. Only a few members from these parties and the leaders of the Bloc Québécois have made statements suggesting the abolition of the monarchy.    Canadian law has been the subject of a constitutional complaint by law professors who have argued that any amendment to the Acts that would succeed the Crown required a constitutional amendment. They argued that the amendment of inheritance laws by ordinary law circumvented the unanimous consent of all provinces, which was required by a constitutional amendment to interfere with the “office of the Queen.” In addition, the applicants argued that the amendments violated the equality and freedom of religion sections of the Canadian Charter of Rights and Freedoms, since the monarch must always belong to the Anglican faith. Finally, they argued that the law itself was unconstitutional because it implemented British law, which was written exclusively in English and not in English and French, as required by the Constitution. A number of Canadian civil organizations are associated with the monarchy, either through their formation by a royal charter, which has obtained the right to use the royal prefix before their name, or because at least one member of the royal family serves as patron. In addition to Prince`s Charities Canada, founded by Charles, Prince of Wales, several other charities and volunteers were also created as gifts or in honour of certain Canadian monarchs or members of the Royal Family, such as the Victorian Order of Nurses (a gift to Queen Victoria for her Diamond Jubilee in 1897).
the Canadian Cancer Fund (established in honour of King George V`s Silver Jubilee in 1935) and the Queen Elizabeth II Fund to Help in Research on the Diseases of Children. A number of awards in Canada are also presented on behalf of past and present members of the Royal Family. In addition, organizations will provide commemorative gifts to members of the Royal Family to mark a visit or other important occasion. All Canadian coins bear the image of the monarch with the inscription Dei Gratia Regina, a Latin term for By the Grace of God, Queen.  In the 1960s and 1970s, the rise of nationalism in Quebec and changes in Canadian identity created an atmosphere in which the purpose and role of the monarchy were questioned. Some references to monarchy and monarchy have been removed from the public eye, and the federal government has taken steps to constitutionally alter the place and role of the Crown in Canada, first through explicit legislative changes, and then through subtle attrition motivated by elements of the public service, cabinet, governors general and their staff.  But provincial and federal ministers, as well as loyal national civic organizations, have ensured that the system remains essentially the same.  In 2011, Canada committed to the Perth Agreement with the other Commonwealth realms, which proposed changes to the rules of succession to eliminate male preference and lift the disqualification of marrying a Catholic. Following the Perth Accord, the Canadian Parliament passed the Succession to the Throne Act, 2013, which gave the country`s consent to the Crown Succession Bill, 2013, which was then being negotiated in the Parliament of the United Kingdom. Quebec Supreme Court Justice Claude Bouchard dismissed a challenge to the law on the grounds that a change of succession in Canada would require the unanimous consent of all provinces under section 41(a) of the Constitution Act, 1982, and ruled that Canada “need not amend its laws or constitution in order for the British rules of succession to be changed and effective.” and the Constitutional Convention required Canada to have a line of succession.
symmetrical to those of other Commonwealth realms.   The verdict was upheld by the Quebec Court of Appeal.  The Supreme Court of Canada refused to rule on an appeal in April 2020.  The Quebec Court of Appeal held that the term “office of the Queen” does not refer to the legal person holding the office, but to the functions and powers of the office, which remain unchanged. The Court also found that succession to the Crown is not covered by the Canadian Charter of Rights and Freedoms, as there are no specific Canadian laws on succession, with the exception of the principle of symmetry with the hereditary principles of the law of succession in the United Kingdom. The Court also found that the only English British inheritance law itself had not been transposed into Canadian law and that, moreover, a bilingual version of British law had been submitted to Parliament. The appeal to the Supreme Court of Canada was dismissed, ending the appeal. The Canadian monarchy can trace its ancestral lineage back to the Kings of the Angles and the first Scottish Kings, and through the centuries since the claims of King Henry VII in 1497 and King Francis I in 1534. Both are related by blood to the current Canadian monarch. Former Prime Minister Stephen Harper called the Crown “connecting us all to the majestic past that brings us back to the Tudors, the Plantagenets, the Magna Carta, habeas corpus, the Petition of Rights and English common law.”  Although the early French and British colonizers of Canada interpreted the hereditary nature of some North American Indigenous leaders as a form of monarchy, it is generally accepted that Canada was not recognized until the founding of the French colony of Canada in the early 16th century. It is a territory of a monarch or a monarchy in its own right.  According to historian Jacques Monet, the Canadian crown is one of the few to have survived an uninterrupted succession since its creation.
 Since all executive powers are delegated to the Sovereign, Royal Assent is required for bills to become law and for letters patent and orders to have legal effect in Council. Although the power for these actions emanates from the Canadian people through the constitutional conventions of democracy, executive power remains in the hands of the Crown and is vested by the sovereign only in the government on behalf of the people.