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Monarchy of Canada

January 03, 2023

The monarchy of Canada is Canada's form of government embodied by the Canadian sovereign and head of state. It is at the core of Canada's constitutional federal structure and Westminster-style parliamentary democracy.[a] The monarchy is the foundation of the executive (King-in-Council), legislative (King-in-Parliament), and judicial (King-on-the-Bench) branches of both federal and provincial jurisdictions.[b] The king of Canada since 8 September 2022 has been Charles III.[9][10][c]

King of Canada
Roi du Canada
Federal
Incumbent
Charles III
since 8 September 2022
Details
StyleHis Majesty
Heir apparentWilliam, Prince of Wales[1]
ResidencesRideau Hall, Ottawa
La Citadelle, Quebec City
WebsiteMonarchy and the Crown

Although the person of the sovereign is shared with 14 other independent countries within the Commonwealth of Nations, each country's monarchy is separate and legally distinct.[d] As a result, the current monarch is officially titled King of Canada and, in this capacity, he and other members of the royal family undertake public and private functions domestically and abroad as representatives of Canada. However, the monarch is the only member of the royal family with any constitutional role. The monarch lives predominantly in the United Kingdom and, while several powers are the sovereign's alone, most of the royal governmental and ceremonial duties in Canada are carried out by the monarch's representative, the governor general of Canada.[e] In Canada's provinces, the monarch in right of each is represented by a lieutenant governor. As territories fall under the federal jurisdiction, they each have a commissioner, rather than a lieutenant governor, who represents the federal Crown-in-Council directly.

As all executive authority is vested in the sovereign, royal assent is required to allow for bills to become law and for letters patent and orders in council to have legal effect. While the power for these acts stems from the Canadian people through the constitutional conventions of democracy,[23] executive authority remains vested in the Crown and is only entrusted by the sovereign to the government on behalf of the people. This underlines the Crown's role in safeguarding the rights, freedoms, and democratic system of government of Canadians, reinforcing the fact that "governments are the servants of the people and not the reverse".[24][25] Thus, within Canada's constitutional monarchy the sovereign's direct participation in any of these areas of governance is normally limited, with the sovereign typically exercising executive authority only with the advice and consent of the Cabinet of Canada, and the sovereign's legislative and judicial responsibilities largely carried out through the Parliament of Canada as well as judges and justices of the peace.[24] However, there are cases where the sovereign or their representative would have a duty to act directly and independently under the doctrine of necessity to prevent genuinely unconstitutional acts.[26][27] In these respects, the sovereign and his viceroys are custodians of the Crown's reserve powers and represent the "power of the people above government and political parties".[28][29] Put another way, the Crown functions as the guarantor of Canada's continuous and stable governance and as a nonpartisan safeguard against the abuse of power.[f]

Canada is one of the oldest extant monarchies in the world.[16][32] Established in the 16th century,[n 1] the monarchy has evolved through a continuous succession of initially French and later British sovereigns into the independent Canadian sovereigns of today.[j] The institution that is Canada's system of constitutional monarchy is sometimes colloquially referred to as the Maple Crown.[n 2]

International and domestic aspects

Further information: Commonwealth realm § Relationship of the realms
 
  Commonwealth realms
  Overseas territories of Commonwealth realms
King Charles is the reigning sovereign of each of the 15 Commonwealth realms.

The person who is the Canadian sovereign is equally shared with 14 other monarchies (a grouping, including Canada, known informally as the Commonwealth realms) in the 56-member Commonwealth of Nations. The monarch resides predominantly in the oldest and most populous realm, the United Kingdom; viceroys (the governor general of Canada in the federal sphere and a lieutenant governor in each province) are the sovereign's representatives in Canada. The emergence of this arrangement paralleled the fruition of Canadian nationalism following the end of the First World War and culminated in the passage of the Statute of Westminster in 1931.[51] Since then, the pan-national Crown has had both a shared and a separate character: the sovereign's role as monarch of Canada has been distinct from his or her position as monarch of any other realm,[n 3][k] including the United Kingdom.[n 4][l] Only Canadian federal ministers of the Crown may advise the sovereign on any and all matters of the Canadian state,[n 5][m] of which the sovereign, when not in Canada, is kept abreast by weekly communications with the federal viceroy.[63] The monarchy thus ceased to be an exclusively British institution and in Canada became a Canadian,[n] or "domesticated",[67] establishment, though it is still often denoted as "British" in both legal and common language,[39] for reasons historical, political, and of convenience.

This division is illustrated in a number of ways: The sovereign, for example, holds a unique Canadian title and,[68] when he and other members of the royal family are acting in public specifically as representatives of Canada, they use, where possible, Canadian symbols, including the country's national flag, unique royal symbols, armed forces uniforms,[o] and the like, as well as Canadian Forces aircraft or other Canadian-owned vehicles for travel.[73] Once in Canadian airspace, or arrived at a Canadian event taking place abroad, the Canadian Secretary to the King, officers of the Royal Canadian Mounted Police, and other Canadian officials will take over from whichever of their other realms' counterparts were previously escorting the King or other member of the royal family.[73][74]

The sovereign similarly only draws from Canadian funds for support in the performance of his duties when in Canada or acting as King of Canada abroad; Canadians do not pay any money to the King or any other member of the royal family, either towards personal income or to support royal residences outside of Canada.[75][76]

Succession and regency

Further information: Succession to the British throne and Succession to the Throne Act, 2013
 
William, Prince of Wales, the heir apparent to the Canadian throne.

As in the other Commonwealth realms, the current heir apparent to the throne is William, Prince of Wales, who is followed in the line of succession by his eldest child, Prince George.

Demise of the Crown

Upon the death of the monarch, there is a demise (transfer) of the Crown: the late sovereign's heir immediately and automatically succeeds, without any need for confirmation or further ceremony;[51][77] hence arises the phrase "The King is dead. Long live the King".[78][79] It is customary for the accession of the new monarch to be publicly proclaimed by the governor general on behalf of the Privy Council, which meets at Rideau Hall after the accession. An appropriate period of mourning also follows, during which portraits of the recently deceased monarch are draped with black fabric and staff at government houses wear customary black armbands. The Manual of Official Procedure of the Government of Canada states the prime minister is responsible for convening Parliament, tabling a resolution of loyalty and condolence from Parliament to the new monarch, and arranging for the motion to be seconded by the leader of the Official Opposition.[77][80] The prime minister will then move to adjourn parliament.[77][80] The Canadian Broadcasting Corporation keeps a regularly updated plan for a "broadcast of national importance" announcing the demise of a sovereign and covering the aftermath, during which all regular programming and advertising is cancelled and on-call commentators contribute to a 24-hour news mode.[77] The day of the funeral is likely to be a public holiday.[77]

The new monarch is crowned in the United Kingdom in an ancient ritual, but one not necessary for a sovereign to reign.[n 6] Under the federal Interpretation Act, officials who hold a federal office under the Crown are not affected by the death of the monarch, nor are they required to take the Oath of Allegiance again.[81] All references in federal legislation to previous monarchs, whether in the masculine (e.g. His Majesty) or feminine (e.g. the Queen), continue to mean the reigning sovereign of Canada, regardless of his or her gender.[82] This is because, in common law, the Crown never dies. After an individual ascends the throne, he or she usually continues to reign until death.[n 7]

 
The original Act of Settlement, 1701

Legal aspects of succession

The relationship between the Commonwealth realms is such that any change to the rules of succession to their respective crowns requires the unanimous consent of all the realms. Succession is governed by statutes, such as the Bill of Rights 1689, the Act of Settlement 1701, and the Acts of Union 1707. In 1936, King Edward VIII abdicated and any possible future descendants of his were excluded from the line of succession.[83] The British government at the time, wishing for speed so as to avoid embarrassing debate in Dominion parliaments, suggested that the governments of the Dominions of the British Commonwealth—then Australia, New Zealand, the Irish Free State, the Union of South Africa, and Canada—regard whoever was monarch of the UK to automatically be monarch of their respective Dominion. As with the other Dominion governments, the Canadian Cabinet, headed by Prime Minister William Lyon Mackenzie King, refused to accept the idea and stressed that the laws of succession were part of Canadian law and, as the Statute of Westminster 1931 disallowed the UK from legislating for Canada, including in relation to succession,[84] altering them required Canada's request and consent to the British legislation (His Majesty's Declaration of Abdication Act 1936) becoming part of Canadian law.[85] Sir Maurice Gwyer, first parliamentary counsel in the UK, reflected this position, stating the Act of Settlement was a part of the law in each Dominion.[85] Thus, Order in Council P.C. 3144[86] was issued, expressing the Cabinet's request and consent for His Majesty's Declaration of Abdication Act 1936 to become part of the laws of Canada and the Succession to the Throne Act 1937 gave parliamentary ratification to that action, together bringing the Act of Settlement and Royal Marriages Act 1772 into Canadian law.[87][88] The latter was deemed by the Cabinet in 1947 to be part of Canadian law.[n 8][89] The Department of External Affairs included all succession-related laws in its list of acts within Canadian law.

The Supreme Court of Canada declared unanimously in the 1981 Patriation Reference that the Bill of Rights 1689 is "undoubtedly in force as part of the law of Canada".[91][92] Furthermore, in O'Donohue v. Canada (2003) the Ontario Superior Court of Justice found that the Act of Settlement 1701 is "part of the laws of Canada" and the rules of succession are "by necessity incorporated into the Constitution of Canada".[93] Another ruling of the Ontario Superior Court, in 2014, echoed the 2003 case, stating that the Act of Settlement "is an imperial statute which ultimately became part of the law of Canada."[94] Upon dismissing appeal of that case, the Court of Appeal of Ontario stated "[t]he rules of succession are a part of the fabric of the constitution of Canada and incorporated into it".[95]

In a meeting of the Special Joint Committee on the Constitution during the process of patriating the Canadian constitution in 1981, John Munro asked then Minister of Justice Jean Chrétien about the "selective omissions" of the Succession to the Throne Act 1937, the Demise of the Crown Act 1901, the Seals Act, the Governor General's Act, and the Royal Style and Titles Act, 1953, from the schedule to the Constitution Act, 1982. In response, Chrétien asserted that the schedule to the Constitution Act, 1982, was not exhaustive, outlining that section 52(2) of the Constitution Act, 1982 says "[t]he Constitution of Canada includes... the Acts and orders referred to the schedule" and "[w]hen you use the word 'includes'... it means that if ever there is another thing related to the Canadian constitution as part of it, should have been there, or might have been there, it is covered. So we do not have to renumerate [sic] the ones that you are mentioning."[96] In the same meeting, Deputy Attorney General Barry Strayer stated: "Clause 52(2) is not an exhaustive definition of the Constitution of Canada so that while we have certain things listed in the schedule which are clearly part of the constitution, that does not mean that there are not other things which are part of the constitution... [The schedule] is not an exhaustive list."[96]

In the 1991 publication Constitutional Change in the Commonwealth, author Leslie Zines claimed that, though the succession to Canada's throne was outlined by common law and the Act of Settlement 1701, these were not part of the Canadian constitution, which "does not contain rules for succession to the throne."[97] Richard Toporoski, writing three years later for the Monarchist League of Canada, stated, "there is no existing provision in our law, other than the Act of Settlement 1701, that provides that the King or Queen of Canada shall be the same person as the King or Queen of the United Kingdom. If the British law were to be changed and we did not change our law [...] the person provided for in the new law would become king or queen in at least some realms of the Commonwealth; Canada would continue on with the person who would have become monarch under the previous law."[98]

In 2011, Canada committed to the Perth Agreement with the other Commonwealth realms, which proposed changes to the rules governing succession to remove male preference and removal of disqualification arising from marriage to a Roman Catholic. As a result of the Perth Agreement, the Canadian Parliament passed the Succession to the Throne Act, 2013, which gave the country's assent to the Succession to the Crown Bill 2013, at that time proceeding in the Parliament of the United Kingdom. In dismissing a challenge to the law on the basis that a change to the succession in Canada would require unanimous consent of all provinces under section 41(a) of the Constitution Act, 1982, Quebec Superior Court Justice Claude Bouchard ruled that Canada "did not have to change its laws nor its constitution for the British royal succession rules to be amended and effective" and constitutional convention committed Canada to having a line of succession symmetrical to those of other Commonwealth realms.[99][100] The ruling was upheld by the Quebec Court of Appeal.[101] The Supreme Court of Canada declined to hear an appeal in April 2020.[102]

 
The throne of Canada (left) and throne for the royal consort (right) behind the speaker's chair in the Senate

Constitutional scholar Philippe Lagassé argues that, in light of the Succession to the Throne Act, 2013, and court rulings upholding that law, section 41(a) of the Constitution Act, 1982, which requires a constitutional amendment passed with the unanimous consent of the provinces, applies only to the "office of the Queen", but not who holds that office, and that therefore "ending the principle of symmetry with the United Kingdom can be done with the general amending procedure, or even by parliament alone under section 44 of the Constitution Act, 1982."[102][103]

Constitutional scholar Ted McWhinney has also argued that a future government of Canada could begin a process of phasing out the monarchy after the death of Elizabeth II "quietly and without fanfare by simply failing legally to proclaim any successor to the Queen in relation to Canada". This would, he claimed, be a way of bypassing the need for a constitutional amendment that would require unanimous consent by the federal parliament and all the provincial legislatures.[104] However, Ian Holloway, Dean of Law at the University of Western Ontario, criticized McWhinney's proposal for its ignorance of provincial input and opined that its implementation "would be contrary to the plain purpose of those who framed our system of government."[105]

Certain aspects of the succession rules have been challenged in the courts. For example, under the provisions of the Bill of Rights 1689 and the Act of Settlement 1701, Catholics are barred from succeeding to the throne; this prohibition has been upheld twice by Canadian courts, once in 2003 and again in 2014.[p]

Regency

Canada has no laws allowing for a regency, should the sovereign be a minor or debilitated;[63] none have been passed by the Canadian Parliament and it was made clear by successive Cabinets since 1937 that the United Kingdom's Regency Act had no applicability to Canada,[63] as the Canadian Cabinet had not requested otherwise when the act was passed that year and again in 1943 and 1953. As the 1947 Letters Patent issued by King George VI permit the governor general of Canada to exercise almost all of the monarch's powers in respect of Canada, the viceroy is expected to continue to act as the personal representative of the monarch, and not any regent, even if the monarch is a child or incapacitated.[q] Lagassé states that the Letters Patent 1947 were apparently written to avoid the need for a Canadian regency act and "appear to give governors general the power to appoint their own successors", though this is a power that has not been utilized to date.[103]

Foreign visits

See also: List of state and official visits by Canada

The following state and official visits to foreign countries have been made by the monarch as the sovereign of Canada:

Visit to Date Monarch of Canada Received by Type
  France 26 July 1936 King Edward VIII President Albert Lebrun Official[r]
  United States 7–11 June 1939 King George VI President Franklin D. Roosevelt State[s]
  United States 17 October 1957 Queen Elizabeth II President Dwight D. Eisenhower State[t]
  United States 26 June 1959 Official[122][123]
  United States 6 July 1959 Governor William Stratton State[u]
  France 6 June 1984 President François Mitterrand Official[v]
  France 1994 Official[123][128]
  France 6 June 2004 President Jacques Chirac Official[129][123]
  France 9 April 2007 Prime Minister Dominique de Villepin Official[w]
  United States 6 July 2010 Governor David Paterson Official[130][131]

Federal and provincial aspects

Further information: Monarchy in the Canadian provinces
 
Participants of a viceregal and territorial commissioner's conference in 2016. There are 11 viceroys that represent the Canadian monarch in their respective jurisdictions.

Canada's monarchy was established at Confederation, when its executive government and authority were declared (in section 9 of the Constitution Act, 1867) to continue and be vested in the monarch. Although Canada is a federation, the Canadian monarchy is unitary throughout all jurisdictions in the country,[132] the sovereignty of the different administrations being passed on through the overreaching Crown itself as a part of the executive, legislative, and judicial operations in each of the federal and provincial spheres and the headship of state being a part of all equally.[132] The Crown thus links the various governments into a federal state,[7][dead link] though it is simultaneously also "divided" into eleven legal jurisdictions, or eleven "crowns"—one federal and ten provincial[133]—with the monarch taking on a distinct legal persona in each.[n 9][n 10] As such, the constitution instructs that any change to the position of the monarch or his or her representatives in Canada requires the consent of the Senate, the House of Commons, and the legislative assemblies of all the provinces.[136]

The governor general is appointed by the monarch on the advice of his federal prime minister and the lieutenant governors are appointed by the governor general on the advice of the federal prime minister. The commissioners of Canada's territories are appointed by the federal Governor-in-Council, at the recommendation of the Minister of Indian Affairs and Northern Development; but, as the territories are not sovereign entities, the commissioners are not personal representatives of the sovereign. The Advisory Committee on Vice-Regal Appointments, which may seek input from the relevant premier and provincial or territorial community, proposes candidates for appointment as governor general, lieutenant governor, and commissioner.[137][138]

Personification of the Canadian state

 
The Great Seal of Canada used during the reign of Queen Elizabeth II

As the living embodiment of the Crown,[82] the sovereign is regarded as the personification of the Canadian state and,[n 11][x] as such, must, along with his or her viceregal representatives, "remain strictly neutral in political terms".[66] The person of the reigning sovereign thus holds two distinct personas in constant coexistence: that of a natural-born human being and that of the state as accorded to him or her through law; the Crown and the monarch are "conceptually divisible but legally indivisible ... [t]he office cannot exist without the office-holder",[n 12][51] so, even in private, the monarch is always "on duty".[143] The terms the state, the Crown,[152] the Crown in Right of Canada, His Majesty the King in Right of Canada (French: Sa Majesté le Roi du chef du Canada),[153] and similar are all synonymous and the monarch's legal personality is sometimes referred to simply as Canada.[144][154]

As such, the king or queen of Canada is the employer of all government officials and staff (including the viceroys, judges, members of the Canadian Forces, police officers, and parliamentarians),[n 13] the guardian of foster children (Crown wards), as well as the owner of all state lands (Crown land), buildings and equipment (Crown held property),[156] state owned companies (Crown corporations), and the copyright for all government publications (Crown copyright).[157] This is all in his or her position as sovereign, and not as an individual; all such property is held by the Crown in perpetuity and cannot be sold by the sovereign without the proper advice and consent of his or her ministers.

 
Photo portrait of Queen Elizabeth II at the front of a citizenship ceremony. The sovereign is the focus of the Oath of Citizenship.

The monarch is at the apex of the Canadian order of precedence and, as the embodiment of the state, is also the focus of oaths of allegiance,[n 14][y] required of many of the aforementioned employees of the Crown, as well as by new citizens, as by the Oath of Citizenship. Allegiance is given in reciprocation to the sovereign's Coronation Oath,[161] wherein he or she promises "to govern the Peoples of ... Canada ... according to their respective laws and customs".[162]

Head of state

Although it has been argued that the term head of state is a republican one inapplicable in a constitutional monarchy such as Canada, where the monarch is the embodiment of the state and thus cannot be head of it,[143] the sovereign is regarded by official government sources,[z] judges,[166] constitutional scholars,[144][167] and pollsters as the head of state,[168] while the governor general and lieutenant governors are all only representatives of, and thus equally subordinate to, that figure.[169] Some governors general, their staff, government publications,[144] and constitutional scholars like Ted McWhinney and C. E. S. Franks have,[170][171] however, referred to the position of governor general as that of Canada's head of state,[172][173] though sometimes qualifying the assertion with de facto or effective;[aa] Franks has hence recommended that the governor general be named officially as the head of state.[171] Still others view the role of head of state as being shared by both the sovereign and her viceroys.[ab] Since 1927, governors general have been received on state visits abroad as though they were heads of state.[180]

 
Then-Governor General David Johnston reviews the guard of honour at Rashtrapati Bhavan during a state visit to India, 24 February 2014

Officials at Rideau Hall have attempted to use the Letters Patent, 1947 as justification for describing the governor general as head of state. However, the document makes no such distinction,[181] nor does it effect an abdication of the sovereign's powers in favour of the viceroy,[63] as it only allows the governor general to "act on The Queen's behalf".[182][183] Dr. D. Michael Jackson, former Chief of Protocol of Saskatchewan, argued that Rideau Hall had been attempting to "recast" the governor general as head of state since the 1970s and doing so preempted both the Queen and all of the lieutenant governors.[169] This caused not only "precedence wars" at provincial events (where the governor general usurped the lieutenant governor's proper spot as most senior official in attendance)[184][185] and Governor General Adrienne Clarkson to accord herself precedence before the Queen at a national occasion,[186] but also constitutional issues by "unbalancing ... the federalist symmetry".[132][187] This has been regarded as both a natural evolution and as a dishonest effort to alter the constitution without public scrutiny.[181][188]

In a poll conducted by Ipsos-Reid following the first prorogation of the 40th parliament on 4 December 2008, it was found that 42 per cent of the sample group thought the prime minister was head of state, while 33 per cent felt it was the governor general. Only 24 per cent named the Queen as head of state,[168] a number up from 2002, when the results of an EKOS Research Associates survey showed only 5 per cent of those polled knew the Queen was head of state (69 per cent answered that it was the prime minister).[189]

Federal constitutional role

 
King George VI (left), and William Lyon Mackenzie King, Prime Minister of Canada (right), share a moment of levity, 11 May 1937

Canada's constitution is based on the Westminster parliamentary model, wherein the role of the King is both legal and practical, but not political.[66] The sovereign is vested with all the powers of state, collectively known as the royal prerogative,[190] leading the populace to be considered subjects of the Crown.[191] However, as the sovereign's power stems from the people[25][192] and the monarch is a constitutional one, he or she does not rule alone, as in an absolute monarchy. Instead, the Crown is regarded as a corporation sole, with the monarch being the centre of a construct in which the power of the whole is shared by multiple institutions of government[193]—the executive, legislative, and judicial[8]—acting under the sovereign's authority,[144][194] which is entrusted for exercise by the politicians (the elected and appointed parliamentarians and the ministers of the Crown generally drawn from among them) and the judges and justices of the peace.[24] The monarchy has thus been described as the underlying principle of Canada's institutional unity and the monarch as a "guardian of constitutional freedoms"[41][159] whose "job is to ensure that the political process remains intact and is allowed to function."[66]

The Great Seal of Canada "signifies the power and authority of the Crown flowing from the sovereign to [the] parliamentary government"[195] and is applied to state documents such as royal proclamations and letters patent commissioning cabinet ministers, senators, judges, and other senior government officials.[196] The "lending" of royal authority to the Cabinet is illustrated by the great seal being entrusted by the governor general, the official keeper of the seal, to the Minister of Innovation, Science, and Economic Development, who is ex officio the Registrar General of Canada.[196] Upon a change of government, the seal is temporarily returned to the governor general and then "lent" to the next incoming registrar general.[195]

The Crown is the pinnacle of the Canadian Forces, with the constitution placing the monarch in the position of commander-in-chief of the entire force, though the governor general carries out the duties attached to the position and also bears the title of Commander-in-Chief in and over Canada.[197] Further, included in Canada's constitution are the various treaties between the Crown and Canadian First Nations, Inuit, and Métis peoples, who view these documents as agreements directly and only between themselves and the reigning monarch, illustrating the relationship between sovereign and aboriginals.[198][199][200]

Executive (King-in-Council)

 
The first meeting of the Queen's Privy Council for Canada before the reigning sovereign, Queen Elizabeth II, in the State Dining Room of Rideau Hall, 14 October 1957

The government of Canada—formally termed His Majesty's Government[201]—is defined by the constitution as the King acting on the advice of his Privy Council;[ac] what is technically known as the King-in-Council,[7] or sometimes the Governor-in-Council,[82] referring to the governor general as the King's stand-in, though, a few tasks must be specifically performed by, or bills that require assent from, the King.[ad] One of the main duties of the Crown is to "ensure that a democratically elected government is always in place,"[179] which means appointing a prime minister to thereafter head the Cabinet[207]—a committee of the Privy Council charged with advising the Crown on the exercise of the royal prerogative.[204] The monarch is informed by his viceroy of the swearing-in and resignation of prime ministers and other members of the ministry,[207] remains fully briefed through regular communications from his Canadian ministers, and holds audience with them whenever possible.[163] By convention, the content of these communications and meetings remains confidential so as to protect the impartiality of the monarch and his representative.[66][208] The appropriateness and viability of this tradition in an age of social media has been questioned.[209][210]

In the construct of constitutional monarchy and responsible government, the ministerial advice tendered is typically binding,[211] meaning the monarch reigns but does not rule, the Cabinet ruling "in trust" for the monarch.[212] This has been the case in Canada since the Treaty of Paris ended the reign of the territory's last absolute monarch, King Louis XV of France. However, the royal prerogative belongs to the Crown and not to any of the ministers[ae] and the royal and viceroyal figures may unilaterally use these powers in exceptional constitutional crisis situations (an exercise of the reserve powers),[n 15] thereby allowing the monarch to make sure "that the government conducts itself in compliance with the constitution."[179] Use of the royal prerogative in this manner was seen when the Governor General refused his Prime Minister's advice to dissolve parliament in 1926 and when, in 2008, the Governor General took some hours to decide whether or not to accept her Prime Minister's advice to prorogue parliament to avoid a vote of non-confidence.[214] The prerogative powers have also been used numerous times in the provinces.[214]

The royal prerogative further extends to foreign affairs, including the ratification of treaties, alliances, international agreements, and declarations of war,[215] the accreditation of Canadian high commissioners and ambassadors and receipt of similar diplomats from foreign states,[216][217] and the issuance of Canadian passports,[218] which remain the sovereign's property.[219] It also includes the creation of dynastic and national honours,[220] though only the latter are established on official ministerial advice.

Parliament (King-in-Parliament)

 
King George VI, with Queen Elizabeth, grants royal assent to bills in the Senate Chamber, 1939

All laws in Canada are the monarch's and the sovereign is one of the three components of the Parliament of Canada[221][222]—formally called the King-in-Parliament[7]—but the monarch and viceroy do not participate in the legislative process save for royal assent, which is necessary for a bill to be enacted as law. Either figure or a delegate may perform this task and the constitution allows the viceroy the option of deferring assent to the sovereign.[223] The governor general is further responsible for summoning the House of Commons, while either the viceroy or monarch can prorogue and dissolve the legislature, after which the governor general usually calls for a general election. The new parliamentary session is marked by either the monarch, governor general, or some other representative reading the Speech from the Throne.[224] Members of Parliament must recite the Oath of Allegiance before they may take their seat. Further, the official opposition is traditionally dubbed as His Majesty's Loyal Opposition,[af] illustrating that, while its members are opposed to the incumbent government, they remain loyal to the sovereign (as personification of the state and its authority).[227]

The monarch does not have the prerogative to impose and collect new taxes without the authorization of an Act of Parliament. The consent of the Crown must, however, be obtained before either of the houses of Parliament may even debate a bill affecting the sovereign's prerogatives or interests and no act of Parliament binds the King or his rights unless the act states that it does.[228]

Courts (King-on-the-Bench)

 
A Supreme Court of Canada courtroom displaying on the focal wall a rendition of the Royal Arms.

The sovereign is responsible for rendering justice for all his subjects and is thus traditionally deemed the fount of justice[229] and his position in the Canadian courts formally dubbed the King on the Bench.[7] The Arms of His Majesty in Right of Canada are traditionally displayed in Canadian courtrooms,[230] as is a portrait of the sovereign.[231]

The monarch does not personally rule in judicial cases; this function of the royal prerogative is instead performed in trust and in the King's name by officers of His Majesty's court.[229] Common law holds the notion that the sovereign "can do no wrong": the monarch cannot be prosecuted in his own courts—judged by himself—for criminal offences. Civil lawsuits against the Crown in its public capacity (that is, lawsuits against the King-in-Council) are permitted, but lawsuits against the monarch personally are not cognizable. In international cases, as a sovereign and under established principles of international law, the King of Canada is not subject to suit in foreign courts without his express consent.[202] Within the royal prerogative is also the granting of immunity from prosecution,[232] mercy, and pardoning offences against the Crown.[233][234] Since 1878, the prerogative of pardon has always been exercised upon the recommendation of ministers.[235]

Cultural role

Royal presence and duties

Further information: Royal tours of Canada

Members of the royal family have been present in Canada since the late 18th century, their reasons including participating in military manoeuvres, serving as the federal viceroy, or undertaking official royal tours. A prominent feature of the latter are numerous royal walkabouts, the tradition of which was initiated in 1939 by Queen Elizabeth when she was in Ottawa and broke from the royal party to speak directly to gathered veterans.[236][237] Usually important milestones, anniversaries, or celebrations of Canadian culture will warrant the presence of the monarch,[236] while other royals will be asked to participate in lesser occasions. A household to assist and tend to the monarch forms part of the royal party.

 
Prince Philip with the Royal Canadian Regiment as their colonel-in-chief, April 2013.

Official duties involve the sovereign representing the Canadian state at home or abroad, or her relations as members of the royal family participating in government organized ceremonies either in Canada or elsewhere;[n 16][ah] sometimes these individuals are employed in asserting Canada's sovereignty over its territories.[n 17] The advice of the Canadian Cabinet is the impetus for royal participation in any Canadian event, though, at present, the Chief of Protocol and his staff in the Department of Canadian Heritage are, as part of the State Ceremonial and Canadian Symbols Program,[260][261] responsible for orchestrating any official events in or for Canada that involve the royal family.[262]

Conversely, unofficial duties are performed by royal family members on behalf of Canadian organizations of which they may be patrons, through their attendance at charity events, visiting with members of the Canadian Forces as colonel-in-chief, or marking certain key anniversaries.[255][256] The invitation and expenses associated with these undertakings are usually borne by the associated organization.[255] In 2005 members of the royal family were present at a total of 76 Canadian engagements, as well as several more through 2006 and 2007.[263]

Apart from Canada, the King and other members of the royal family regularly perform public duties in the other fourteen Commonwealth realms in which the King is head of state. This situation, however, can mean the monarch and/or members of the royal family will be promoting one nation and not another; a situation that has been met with criticism.[n 18]

Symbols, associations, and awards

Main article: Canadian royal symbols
 
The flag of the Canadian Forces, bearing the forces' emblem, which has at its apex a St. Edward's Crown, indicating the sovereign as the military's source of authority

The main symbol of the monarchy is the sovereign himself,[193] described as "the personal expression of the Crown in Canada,"[265] and his image is thus used to signify Canadian sovereignty and government authority—his image, for instance, appearing on currency, and his portrait in government buildings.[159] The sovereign is further both mentioned in and the subject of songs, loyal toasts, and salutes.[266] A royal cypher, appearing on buildings and official seals, or a crown, seen on provincial and national coats of arms, as well as police force and Canadian Forces regimental and maritime badges and rank insignia, is also used to illustrate the monarchy as the locus of authority,[267] the latter without referring to any specific monarch.

Since the days of King Louis XIV,[268] the monarch is the fount of all honours in Canada and the orders,[268][269] decorations, and medals form "an integral element of the Crown."[268] Hence, the insignia and medallions for these awards bear a crown, cypher, and/or portrait of the monarch. Similarly, the country's heraldic authority was created by the Queen and, operating under the authority of the governor general, grants new coats of arms, flags, and badges in Canada. Use of the royal crown in such symbols is a gift from the monarch showing royal support and/or association, and requires her approval before being added.[267][270]

 
The Sovereign's Medal for Volunteers depicts Elizabeth II with a snowflake diadem

Members of the royal family also act as ceremonial colonels-in-chief, commodores-in-chief, captains-general, air commodores-in-chief, generals, and admirals of various elements of the Canadian Forces, reflecting the Crown's relationship with the country's military through participation in events both at home and abroad.[n 19] The monarch also serves as the Commissioner-in-Chief, Prince Charles as Honorary Commissioner, and Prince Edward as Honorary Deputy Commissioner of the Royal Canadian Mounted Police.[271]

A number of Canadian civilian organizations have association with the monarchy, either through their being founded via a royal charter, having been granted the right to use the prefix royal before their name, or because at least one member of the royal family serves as a patron. In addition to The Prince's Charities Canada, established by Charles, Prince of Wales, some other charities and volunteer organizations have also been founded as gifts to, or in honour of, some of Canada's 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 (set up in honour of King George V's Silver Jubilee in 1935), and the Queen Elizabeth II Fund to Aid in Research on the Diseases of Children. A number of awards in Canada are likewise issued in the name of previous or present members of the royal family. Further, organizations will give 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 an inscription Dei Gratia Regina, a Latin phrase for By the Grace of God, Queen.[272]

Significance to Canadian identity

I want the Crown in Canada to represent everything that is best and most admired in the Canadian ideal. I will continue to do my best to make it so during my lifetime.

— Elizabeth II, 1973[273]

In his 1990 book, Continental Divide: the Values and Institutions of the United States and Canada, Seymour Martin Lipset argues that the presence of the monarchy in Canada helps distinguish Canadian identity from American identity.[274] Since at least the 1930s,[275] supporters of the Crown have held the opinion that the Canadian monarch is also one of the rare unified elements of Canadian society,[276] focusing both "the historic consciousness of the nation" and various forms of patriotism and national love "[on] the point around which coheres the nation's sense of a continuing personality".[277] Former Governor General Vincent Massey articulated in 1967 that the monarchy "is part of ourselves. It is linked in a very special way with our national life. It stands for qualities and institutions which mean Canada to every one of us and which for all our differences and all our variety have kept Canada Canadian."[278] But, according to Arthur Bousfield and Gary Toffoli, Canadians were, through the late 1960s to the 2000s, encouraged by the federal government to "neglect, ignore, forget, reject, debase, suppress, even hate, and certainly treat as foreign what their parents and grandparents, whether spiritual or blood, regarded as the basis of Canadian nationhood, autonomy, and history", including the monarchy.[279] Former Governor General Roland Michener said in 1970 that anti-monarchists claimed the Canadian Crown is foreign and incompatible with Canada's multicultural society,[205] which the government promoted as a Canadian identifier, and Lawrence Martin called in 2007 for Canada to become a republic in order to "re-brand the nation".[280] However, Michener also stated, "[the monarchy] is our own by inheritance and choice, and contributes much to our distinctive Canadian identity and our chances of independent survival amongst the republics of North and South America."[205] Journalist Christina Blizzard emphasized in 2009 that the monarchy "made [Canada] a haven of peace and justice for immigrants from around the world",[281] while Michael Valpy contended in 2009 that the Crown's nature permitted non-conformity amongst its subjects, thereby opening the door to multiculturalism and pluralism.[39]

Royal family and house

 
Queen Elizabeth II; Prince Philip, Duke of Edinburgh; Prince Andrew; and Prince Edward at the opening of the 1978 Commonwealth Games in Edmonton, Alberta

The Canadian royal family is the group of people who are relatively closely related to the country's monarch and,[282] as such, belonging to the House of Windsor. There is no legal definition of who is or is not a member of the royal family, though the Government of Canada maintains a list of immediate family members,[283][284] and stipulates that those in the direct line of succession who bear the style of Royal Highness (French: Altesse Royale) are subjects of,[285] and owe their allegiance specifically to, the reigning king or queen of Canada.[286] Unlike in the United Kingdom, the monarch is the only member of the royal family with a title established through Canadian law and is styled by convention as His/Her Majesty,[287] as would be a queen consort. Otherwise, the remaining family members are, as a courtesy, styled and titled as they are in the UK,[287] according to letters patent issued there.[288][289] Though, in Canada, these are also translated to French.[290]

They are distant relations of the Belgian, Danish, Greek, Norwegian, Spanish, and Swedish royal families and,[291] given the shared nature of the Canadian monarch, most are also of members of the British royal family. However, because Canada and the UK are independent of one another, it is inappropriate to refer in the Canadian context to the family of the monarch as the "British royal family"[292]—as is frequently done by Canadian and other media[293][294]—and there exist some differences between the official lists of each.[n 20] Further, in addition to the five Canadian citizens in the royal family,[n 21] the sovereign is considered Canadian,[ai] and those among his relations who do not meet the requirements of Canadian citizenship law are considered Canadian, which entitles them to Canadian consular assistance and the protection of the King's armed forces of Canada when they are in need of protection or aid outside of the Commonwealth realms,[286] as well as to substantive appointment to Canadian orders or receipt of Canadian decorations.[303][304] Beyond legalities, members of the royal family have, on occasion, been said by the media and non-governmental organizations to be Canadian,[n 22] have declared themselves to be Canadian,[n 23] and some past members have lived in Canada for extended periods as viceroy or for other reasons.[n 24]

 
William, Prince of Wales, and Catherine, Princess of Wales, at the Canada Day celebrations in Ottawa, 1 July 2011

According to the Canadian Royal Heritage Trust, Prince Edward Augustus, Duke of Kent and Strathearn—due to his having lived in Canada between 1791 and 1800, and fathering Queen Victoria—is the "ancestor of the modern Canadian Royal Family".[315] Nonetheless, the concept of the Canadian royal family did not emerge until after the passage of the Statute of Westminster in 1931, when Canadian officials only began to overtly consider putting the principles of Canada's new status as an independent kingdom into effect.[318] At first, the monarch was the only member of the royal family to carry out public ceremonial duties solely on the advice of Canadian ministers; King Edward VIII became the first to do so when in July 1936 he dedicated the Canadian National Vimy Memorial in France.[n 16] Over the decades, however, the monarch's children, grandchildren, cousins, and their respective spouses began to also perform functions at the direction of the Canadian Crown-in-Council, representing the monarch within Canada or abroad. But it was not until October 2002 when the term Canadian royal family was first used publicly and officially by one of its members: in a speech to the Nunavut legislature at its opening, Queen Elizabeth II stated: "I am proud to be the first member of the Canadian royal family to be greeted in Canada's newest territory."[319] Princess Anne used it again when speaking at Rideau Hall in 2014,[320] as did the now King Charles in Halifax the same year.[321] Also in 2014, then-Premier of Saskatchewan Brad Wall called Prince Edward a member of the Canadian royal family.[322] By 2011, both Canadian and British media were referring to "Canada's royal family" or the "Canadian royal family".[aj]

The press frequently follows the movements of the royal family, and can, at times, affect the group's popularity, which has fluctuated over the years. Mirroring the mood in the United Kingdom, the family's lowest approval was during the mid-1980s to 1990s, when the children of the monarch were enduring their divorces and were the targets of negative tabloid reporting.

Federal residences and royal household

Main article: Government Houses of Canada
 
Rideau Hall
 
Citadelle of Quebec
Official residences of the sovereign and their representative, the governor general

A number of buildings across Canada are reserved by the Crown for the use of the monarch and his viceroys. Each is called Government House, but may be customarily known by some specific name. The sovereign's and governor general's official residences are Rideau Hall in Ottawa and the Citadelle in Quebec City.[n 25][ak] Each of these royal seats holds pieces from the Crown Collection.[339] Further, though neither was ever used for their intended purpose, Hatley Castle in British Columbia was purchased in 1940 by King George VI in Right of Canada to use as his home during the course of the Second World War[340] and the Emergency Government Headquarters, built in 1959 at CFS Carp and decommissioned in 1994, included a residential apartment for the sovereign or governor general in the case of a nuclear attack on Ottawa.[341][342]

Monarchs and members of their family have also owned in a private capacity homes and land in Canada: King Edward VIII owned Bedingfield Ranch, near Pekisko, Alberta;[343] the Marquess of Lorne and Princess Louise owned a cottage on the Cascapédia River in Quebec;[344] and Princess Margaret owned Portland Island between its gifting to her by the Crown in Right of British Columbia in 1958 and her death in 2002, though she offered it back to the Crown on permanent loan in 1966 and the island and surrounding waters eventually became Princess Margaret Marine Park.[345][346]

 
Prince Arthur at Mohawk Chapel in 1913. The sanctuary was designated a Chapel Royal in 1904.

To assist the King in carrying out his official duties on behalf of Canada, he appoints various people to his Canadian household. Along with the Canadian Secretary to the King,[262] the monarch's entourage includes two ladies-in-waiting, the Canadian Equerry-in-Waiting to the King, the King's Police Officer,[347] the King's Honorary Physician, the King's Honorary Dental Surgeon, and the King's Honorary Nursing Officer[348]—the latter three being drawn from the Canadian Forces.[111] Prince Edward, Earl of Wessex, also has a Canadian private secretary and his wife,[349] Sophie, Countess of Wessex, a lady-in-waiting.[350] Air transportation for the royal family is provided by the Royal Canadian Air Force 412 Transport Squadron.

There are three household regiments specifically attached to the royal household—the Governor General's Foot Guards, the Governor General's Horse Guards, and the Canadian Grenadier Guards. There are also three chapels royal, all in Ontario:[351] Mohawk Chapel in Brantford; Christ Church Royal Chapel, near Deseronto; and St Catherine's Chapel in Massey College, in Toronto. Though not officially a royal chapel, St Bartholomew's Anglican Church, located across MacKay Street from Rideau Hall, is regularly used by governors general and their families and sometimes by the sovereign and other members of the royal family, as well as by viceregal household staff, their families, and members of the Governor General's Foot Guards, for whom the church also serves as a regimental chapel.[352]

Security

 
Queen Elizabeth II (centre) followed by the Queen's Police Officer (left), drawn from the Royal Canadian Mounted Police

The Royal Canadian Mounted Police is tasked with providing security to the sovereign, the governor general (starting from when he or she is made governor general-designate[353]), and other members of the royal family; as outlined in the RCMP Regulations, the force "has a duty to protect individuals designated by the Minister of Public Safety, including certain members of the royal family when visiting."[354] The RCMP's provision of service is determined based on threat and risk assessment, the seniority of the individual in terms of precedence, and,[n 26] for members of the royal family, the nature of the royal tour—ie an official tour on behalf of the Queen or a working or private visit.[354] The governor general receives round-the-clock security from the Governor General Protection Detail,[356] part of the Personal Protection Group, based at Rideau Hall.

History

Main article: History of monarchy in Canada
Further information: List of Canadian monarchs

The Canadian monarchy can trace its ancestral lineage back to the kings of the Angles and the early Scottish kings and through the centuries since the claims of King Henry VII in 1497 and King Francis I in 1534; both being blood relatives of the current Canadian monarch. Former Prime Minister Stephen Harper said of the Crown that it "links us all together with the majestic past that takes us back to the Tudors, the Plantagenets, Magna Carta, habeas corpus, petition of rights, and English common law."[357] Though the first French and British colonizers of Canada interpreted the hereditary nature of some indigenous North American chieftainships as a form of monarchy,[al] it is generally accepted that Canada has been a territory of a monarch or a monarchy in its own right only since the establishment of the French colony of Canada in the early 16th century;[40] according to historian Jacques Monet, the Canadian Crown is one of the few that have survived through uninterrupted succession since before its inception.[48]

 
King Francis I of France established colonies in Acadia and Canada in 1534.
 
Queen Victoria in 1870, three years after her royal assent to the British North America Act 1867, creating the Canadian federation

After the Canadian colonies of France were, via war and treaties, ceded to the British Crown, and the population was greatly expanded by those loyal to George III fleeing north from persecution during and following the American Revolution, British North America was in 1867 confederated by Queen Victoria to form Canada as a kingdom in its own right.[am] By the end of the First World War, the increased fortitude of Canadian nationalism inspired the country's leaders to push for greater independence from the King in his British Council, resulting in the creation of the uniquely Canadian monarchy through the Statute of Westminster, which was granted royal assent in 1931.[362][363] Only five years later, Canada had three successive kings in the space of one year, with the death of George V, the accession and abdication of Edward VIII, and his replacement by George VI.

The latter became in 1939 the first reigning monarch of Canada to tour the country (though previous kings had done so before their accession). As the ease of travel increased, visits by the sovereign and other royal family members became more frequent and involved, seeing Queen Elizabeth II officiate at various moments of importance in the nation's history, one being when she proclaimed the country to be fully independent, via constitutional patriation, in 1982.[311] That act is said to have entrenched the monarchy in Canada,[364] due to the stringent requirements, as laid out in the amending formula, that must be met in order to alter the monarchy in any way.[136]

Through the 1960s and 1970s, the rise of Quebec nationalism and changes in Canadian identity created an atmosphere where the purpose and role of the monarchy came into question. Some references to the monarch and the monarchy were removed from the public eye and moves were made by the federal government to constitutionally alter the Crown's place and role in Canada, first by explicit legal amendments and later by subtle attrition impelled by elements of the public service, the Cabinet, and governors general and their staff alike.[an] But, provincial and federal ministers, along with loyal national citizen's organizations, ensured that the system remained the same in essence.[367]

 
Elizabeth II, the first monarch to be titled Queen of Canada, wearing her Canadian insignia, as sovereign of the Order of Canada and the Order of Military Merit, 2010

By 2002, the royal tour and associated fêtes for the Queen's Golden Jubilee proved popular with Canadians across the country,[368][369][370] though Canada's first republican organization since the 1830s was also founded that year. Celebrations took place across the country to mark the Queen's Diamond Jubilee in 2012,[371][372] the first such event in Canada since that for Victoria in 1897. On 9 September 2015, she became the second-longest reigning monarch in Canadian history (preceded only by King Louis XIV);[373] events were organized to celebrate her as the "longest-reigning sovereign in Canada's modern era."[374] Prince Charles represented his mother, the Queen, two years later, at the main events in Ottawa recognizing the 150th anniversary of Confederation.[375]

During the COVID-19 pandemic, the Queen expressed her support for all Canadians and thanks to those who were caring for the vulnerable and providing essential services.[376] As the pandemic waned into 2022, celebrations were mounted around the country and throughout the year to mark the Queen's Platinum Jubilee;[377] the first-ever such event in Canadian history.[378] It was also, though, the first time since at least Queen Victoria's Golden Jubilee in 1887 that the federal Cabinet did not advise the Crown to issue an associated commemorative medal.[379] In response, six provinces produced their own Platinum Jubilee medals; another first.[380] From 2021 into 2022, the subject of reconciliation with Canada's indigenous peoples came to the forefront of the public consciousness, particularly in regard to residential schools. Statues of Queen Victoria and Queen Elizabeth II in Winnipeg were vandalized.[381][382] On the first National Day for Truth and Reconciliation, Elizabeth made a public statement, saying she "joins with all Canadians [...] to reflect on the painful history that indigenous peoples endured in residential schools in Canada and on the work that remains to heal and to continue to build an inclusive society."[383] In 2021, the Queen appointed Mary Simon as the first indigenous governor general in Canadian history.[n 27][384]

Queen Elizabeth II passed away on 8 September 2022 and was succeeded by her eldest son, who took the regnal name Charles III. The Queen's last public message was sent on 7 September to Canadians across the country, in the aftermath of the 2022 Saskatchewan stabbings.[385] stating in it she "mourn[s] with all Canadians at this tragic time".[386] Immediately following a formal meeting of the King's Privy Council for Canada, the proclamation of the new king took place on 10 September, in a ceremony at Rideau Hall that included heraldic trumpeting, a 21-gun salute, and a moment of remembrance for Queen Elizabeth II.[387][388]

Public understanding

Commentators have in the late 20th and early 21st centuries stated that contemporary Canadians had and have a poor understanding of the Canadian monarchy;[389] something the Monarchist League of Canada (MLC) claims opponents of the monarchy exacerbate by spreading disinformation and then take advantage of.[390] Michael D Jackson wrote in his book The Crown and Canadian Federalism that this is part of a wider ignorance about Canadian civics and,[391] while David Smith researched for his 1995 book The Invisible Crown, he found it difficult to "find anyone who could talk knowledgeably about the subject".[392] Former Governor General Adrienne Clarkson said there is "an abysmal lack of knowledge about the system"[393] and Senator Lowell Murray wrote in 2003: "The Crown has become irrelevant to most Canadians' understanding of our system of Government", which he attributed to the "fault of successive generations of politicians, of an educational system that has never given the institution due study, and of past viceregal incumbents themselves".[394]

 
A nickel with the effigy of Elizabeth II on the reverse side of the coin
 
Patricia Lake, named for Princess Patricia of Connaught
 
An Ontario vehicle licence plate showing the silhouette of the Crown
It has been theorized the monarchy is so prevalent in Canada—by way of all manner of symbols, place names, royal tours, etc.—that Canadians fail to take note of it.

These comments were echoed by teacher and author Nathan Tidridge, who asserted that, beginning in the 1960s, the role of the Crown disappeared from provincial education curricula, as the general subject of civics came to receive less attention.[366] He said Canadians are being "educated to be illiterate, ambivalent, or even hostile toward our constitutional monarchy".[391] The MLC agreed, stating Canada has "an educational system which unfortunately often fails to provide comprehensive knowledge of Canada’s constitution."[390] Michael Valpy also pointed to the fact that "The crown's role in the machinery of Canada's constitutional monarchy rarely sees daylight. Only a handful of times in our history has it been subjected to glaring sunshine, unfortunately resulting in a black hole of public understanding as to how it works."[395] He later iterated: "the public's attention span on the constitutional intricacies of the monarchy is clinically short".[396]

John Pepall argued in 1990 that a "Liberal-inspired republican misconception of the role" of governor general had taken root, though the Conservative government headed by Brian Mulroney exacerbated the matter.[397] The position of prime minister has simultaneously undergone, with encouragement from its occupants,[397] what has been described as a "presidentialization",[398][399] to the point that its incumbents publicly outshine the actual head of state.[400][401] Additionally, it has been theorized the monarchy is so prevalent in Canada—by way of all manner of symbols, place names, royal tours, etc.—that Canadians fail to take note of it; the monarchy "functions like a tasteful wallpaper pattern in Canada: enjoyable in an absent-minded way, but so ubiquitous as to be almost invisible".[302]

David S. Donovan feels that Canadians mostly consider the monarch and her representatives as purely ceremonial and symbolic figures.[402] It was argued by Alfred Neitsch that this undermined the Crown's legitimacy as a check and balance in the governmental system,[403] a situation Helen Forsey (daughter of Canadian constitutional expert Eugene Forsey) said prime ministers take advantage of, portraying themselves as the embodiment of popular democracy and the reserve powers of the Crown as illegitimate.[n 28]

In the 2010s, a "growing interest in the Crown and its prerogatives" was observed, as evidenced by "a burst of articles, books and conferences". This was attributed to the coincidental occurrence of publicly prominent events over a number of years, including the 2008 prorogation dispute; an increased use of royal symbols as directed by the Cabinet while headed by Stephen Harper, including two consecutive royal tours; court cases focusing on the Oath of Citizenship; and increasingly active governors. Smith and Philippe Lagassé noted in early 2016 that post-secondary students were giving more focus to the subject of the Crown.[392]

Debate

Main article: Debate on the monarchy in Canada
Further information: Monarchism in Canada and Republicanism in Canada

To date, outside of academic circles, there has been little national debate on the monarchy.[404] The position of monarch in Canada is highly protected by the Constitution Act, 1982 (which mandates that any major constitutional amendment, such as any change to the monarchy, requires unanimous consent of the Senate, the House of Commons, and all ten provincial parliaments), and treaties between the Crown and Indigenous peoples that play a role in entrenching the monarchy.

Canada has two special-interest groups representing the debate, who occasionally argue the issue in the media: the Monarchist League of Canada (MLC) and Citizens for a Canadian Republic.[405][406] There are also other organizations that support and advocate the monarchy, such as the Institute for the Study of the Crown in Canada,[407] the Canadian Royal Heritage Trust,[408] the Friends of the Canadian Crown,[409] Canadian Friends of the Royal Family,[410] the Orange Order in Canada,[411] and the United Empire Loyalists' Association of Canada.[412]

Out of Canada's four most prominent political parties, neither the Liberal Party nor the Conservative Party are officially in favour of abolishing the monarchy (the Conservative Party cite support for constitutional monarchy as a founding principle in its policy declaration)[413] and the New Democratic Party has no official position on the role of the Crown. Only some members of parliament belonging to these parties and the leaders of the Bloc Québécois have made any statements suggesting abolition of the monarchy.[414][415][416]

Opinion polls on the Canadian monarchy have been regularly conducted since the 1990s. An analysis of these polls in 2008 highlighted an increased disaffection with the monarchy, albeit with internal contradictions in specific polling results; with some criticizing the polling question for using "inconsistent and sometimes ambiguous wording."[417] Both monarchists and republicans agree the populace's general lack of understanding about the monarchy affects opinions.[390][418]

The idea of a uniquely Canadian monarch,[419] either one descended from the House of Windsor or coming from a First Nations royal house,[45][420][421][422] has been proffered as an alternative. Some Canadian monarchists have even suggested that all the Commonwealth realms should have their own resident monarchs.[423] However, there has been no popular or official support for such a change.

See also

Monarchy by provinces

Notes

  1. ^ The date of the first establishment of monarchy in Canada varies: some sources give the year as 1497, when John Cabot landed somewhere along the North American coast (most likely Nova Scotia or Newfoundland) claiming an undefined extent of land for King Henry VII,[g] while others put it at 1534, when the colony of Canada was founded in the name of King Francis I.[h] Although the exact date differs, the fact that a monarchical form of governance has existed since the 16th century is in common agreement.[i]
  2. ^ The term was first coined by Governor General the Lord Grey in 1905, when he stated in a telegram to King Edward VII regarding the inauguration of Alberta and Saskatchewan into Confederation: "[each one] a new leaf in Your Majesty's Maple Crown".[38][49][50]
  3. ^ a b On a number of occasions, the sovereign has carried out foreign relations as the representative uniquely of Canada, such as the visits to the United States by King George VI in 1939 and Queen Elizabeth II in 1957.
  4. ^ The English Court of Appeal ruled in 1982, while "there is only one person who is the Sovereign within the British Commonwealth ... in matters of law and government the Queen of the United Kingdom, for example, is entirely independent and distinct from the Queen of Canada."[53]
  5. ^ In 1997, then Prime Minister of the United Kingdom Tony Blair intended to offer a life peerage to Canadian businessman Conrad Black. However, citing the 1919 Nickle Resolution, the Canadian Cabinet advised the Queen not to grant Black such an honour. If Blair had not yielded, the Queen would have been in the situation of having to grant an honour on the advice of her British prime minister and to object to the same as Queen of Canada on the advice of then Canadian Prime Minister Jean Chrétien.
  6. ^ For example, Edward VIII was never crowned, yet was undoubtedly king during his short time on the throne.
  7. ^ The only Canadian monarch to abdicate, Edward VIII, did so with the authorization of the Canadian government granted in His Majesty's Declaration of Abdication Act, 1936, and the Succession to the Throne Act, 1937, later confirmed this in law.
  8. ^ Gary Toffoli of the Canadian Royal Heritage Trust stated that the approval given by the Queen in her Canadian Council in 1981 to the marriage of Charles, Prince of Wales, and Lady Diana Spencer[89] separately to the same approval given by the Queen in her British Council illustrated the existence of the Royal Marriages Act in Canadian law.[90] In 1947, the King in his Canadian Council gave the same consent to the marriage of Princess Elizabeth to Philip Mountbatten, again separate from the approval he gave in his British Council.[89]
  9. ^ For example, if a lawsuit is filed against the federal government, the respondent is formally described as Her Majesty the Queen in Right of Canada, or simply Regina.[111] Likewise, in a case in which a party sues both the province of Saskatchewan and the federal government, the respondents would be formally called Her Majesty the Queen in Right of Saskatchewan and Her Majesty the Queen in Right of Canada.[134]
  10. ^ Illustrative of this arrangement is property transfers; of this, the Ontario Ministry of Natural Resources states: "When public land is required by the federal government or one of its departments, or any provincial ministry, the land itself is not transferred. What is transferred is the responsibility to manage the lands on behalf of Her Majesty the Queen (HMQ). This is accomplished by an Order in Council or a Minister's Order which transfers management of land either from HMQ in right of Ontario to HMQ in right of Canada as represented by a department or to HMQ in right of Ontario as represented by another ministry. The Crown does not transfer ownership to itself."[135]
  11. ^ The sovereign has been described by Eugene Forsey as the "symbolic embodiment of the people—not a particular group or interest or party, but the people, the whole people";[66] his daughter, Helen Forsey, said of his opinion on the Crown: "For him, the essence of the monarchy was its impartial representation of the common interests of the citizenry as a whole, as opposed to those of any particular government."[66] The Department of Canadian Heritage said the Crown serves as the "personal symbol of allegiance, unity and authority for all Canadians,"[54][139] a concept akin to that expressed by King Louis XIV: "l'État, c'est moi", or, "I am the state".[140] Robertson Davies stated in 1994: "the Crown is the consecrated spirit of Canada,"[141] and past Ontario chairman of the Monarchist League of Canada Gary Toffoli opined: "The Queen is the legal embodiment of the state at both the national and the provincial levels ... she is our sovereign and it is the role of the Queen, recognized by the constitutional law of Canada, to embody the state."[142]
  12. ^ As Peter Boyce put it: "The Crown as a concept cannot be disentangled from the person of the monarch, but standard reference to the Crown extends well beyond the Queen's person."[151]
  13. ^ The Supreme Court found in the 1980 case Attorney General of Quebec v. Labrecque that civil servants in Canada are not contracted by an abstraction called "the state", but rather they are employed by the monarch, who "enjoys a general capacity to contract in accordance with the rule of ordinary law."[155]
  14. ^ It is stated in the Rules & Forms of the House of Commons of Canada that "allegiance to the King means allegiance to the Country."[158]
  15. ^ See 'Responsibilities' and Note 1 at Cabinet of Canada.
  16. ^ a b c Though the royal family represents other countries abroad, as directed by their respective cabinets, and typically the governor general will undertake state visits and other foreign duties on behalf of the Queen of Canada,[144][238][239] members of the royal family will also take part in Canadian events overseas.[ag]
  17. ^ In 1970, Queen Elizabeth II, the Duke of Edinburgh, Prince Charles, and Princess Anne undertook a tour of Northern Canada, in part to demonstrate to an unconvinced American government and the Soviet Union that Canada had certain claim to its Arctic territories, which were strategic during the Cold War.[259]
  18. ^ Former external affairs minister Mitchell Sharp commented on a situation wherein Elizabeth II was in Latin America to promote British goods at the same time a Canadian ministerial trip to the same area was underway to promote Canadian products. Sharp stated: "We couldn't ask Her Majesty to perform the function she was performing for Britain on that Latin American trip because the Queen is never recognized as Queen of Canada, except when she is in Canada."[264] The Queen's participation in Canadian events overseas contradicts Sharp's statement, however.[n 3][n 16]
  19. ^ Such events include Troopings of the Colour, inspections of the troops, and anniversaries of key battles; whenever the sovereign or a member of her family is in Ottawa, they lay a wreath at the National War Memorial.
  20. ^ For instance, while he never held the style His Royal Highness, Angus Ogilvy was included in the Department of Canadian Heritage's royal family list, but was not considered a member of the British royal family.[295]
  21. ^ Two Canadian citizens married into the royal family: In 1988, Sylvana Jones (née Tomaselli in Placentia, Newfoundland) wed George Windsor, Earl of St Andrews, a great-grandson of King George V, and, on 18 May 2008, Autumn Kelly, originally from Montreal, married Queen Elizabeth II's eldest grandson, Peter Phillips.[296] The latter couple has two children, 14th and 15th in line to the throne, who each hold dual Canadian and British citizenship,[297][298] as do the three children of George Windsor, though only the youngest, Lady Amelia Windsor, is in line to the throne, currently 36th.[299] More distantly, Princes Boris and Hermann Friedrich of Leiningen, great-great-great grandsons of Queen Victoria, are also Canadian citizens.
  22. ^ As early as 1959, it was recognized that the Queen was "equally at home in all her realms";[305] By the 1960s, loyal societies in Canada recognized the Queen's cousin, Princess Alexandra, The Honourable Lady Ogilvy, as a "Canadian princess";[306] and, at the time of the 2011 royal tour of Prince William, Duke of Cambridge and Catherine, Duchess of Cambridge, both Michael Valpy, writing for the CBC, and The Globe and Mail referred to William as "a prince of Canada".[307][308]
  23. ^ Princess Elizabeth, Duchess of Edinburgh, said in 1951 that when in Canada she was "amongst fellow countrymen".[64][309] When queen, she, in 1983, before departing the United States for Canada, said "I'm going home to Canada tomorrow" and,[310] in 2005, said she agreed with the statement earlier made by her mother, Queen Elizabeth, that Canada felt like a "home away from home".[311] Similarly, the Queen stated in 2010, in Nova Scotia, "it is very good to be home".[312]
  24. ^ Prince Edward, Duke of Kent and Strathearn, served as the Commander of British North American troops in Canada's Maritimes for nine years after 1791, mostly in Halifax;[313] his granddaughter, Princess Louise, Marchioness of Lorne, lived in Canada between 1878 and 1883 as viceregal consort;[314] and her brother, Prince Arthur, Duke of Connaught and Strathearn, resided in Canada first through 1870 as a member of the Canadian Militia, defending Canada from the Fenian Raids,[315] and then as governor general from 1911 until 1916.[316] Later, for six years beginning in 1940, Princess Alice, Countess of Athlone (a great-grandchild of the Duke of Kent), lived in Canada with her husband, the Earl of Athlone (himself a great-grandchild of King George III),[315] while he served as governor general.[317]
  25. ^ While the government houses are the King's official residences in Canada, they are almost exclusively occupied by the sovereign's representative in each of those jurisdictions that have a government house or houses.[116][327]
  26. ^ For example, when the Duke and Duchess of Sussex resided for a time on Vancouver Island, as they were planning their future as members of the royal family, the RCMP provided the couple's security. However, when the Sussexes decided to step down as senior members of the royal family, the RCMP reassessed its provision of service. In a briefing note to the then-Minister of Public Safety, Bill Blair, the force noted, "the Sussex family's stay in Canada is of a private nature and, to date, there have been no official outings wherein the Duke and Duchess are representing the Queen. There is no indication of either the Duke or Duchess participating in any official capacity for the Crown in Canada in the next two months. Should this change, however, the RCMP will assess and provide security accordingly."[355]
  27. ^ Indigenous persons had already been appointed as lieutenant governors during Elizabeth's reign.
  28. ^ See Note 2 at Government of Canada.
  1. ^ [2][3][4][5]
  2. ^ [6][7][8]
  3. ^ [11][12][13][14]
  4. ^ [15][16][17][18][19]
  5. ^ [20][21][22]
  6. ^ [24][30][31]
  7. ^ [33][34][35]
  8. ^ [36][37][38][39][40][41]
  9. ^ [42][43][44][45][46]
  10. ^ [34][38][39][41][47][48]
  11. ^ [16][51][52]
  12. ^ [54][55][56][57]
  13. ^ [55][58][59][60][61][62]
  14. ^ [39][64][65][66]
  15. ^ [69][70][71][72]
  16. ^ [106][107][108][109]
  17. ^ [63][110][111]
  18. ^ [112][113][114]
  19. ^ [115][116][117]
  20. ^ [118][119][120][121]
  21. ^ [118][124][125]
  22. ^ [126][127][128]
  23. ^ [114][129][123][128]
  24. ^ [28][58][139][143][144][145][146][147][148][149][150]
  25. ^ [139][144][159][160]
  26. ^ [37][163][164][165]
  27. ^ [174][175][176]
  28. ^ [177][178][179]
  29. ^ [201][202][203][204]
  30. ^ [63][205][206]
  31. ^ [24][194][213]
  32. ^ [159][225][226]
  33. ^ [240][241][242][243][244][245][246][247][248][249][250][251][252][253][254]
  34. ^ [255][256][257][258]
  35. ^ [300][301][302]
  36. ^ [323][324][325][326]
  37. ^ [328][329][330][331][332][333][334][335][336][337][338]
  38. ^ [358][359][360]
  39. ^ [54][163][361]
  40. ^ [187][365][366]

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January 03, 2023
monarchy, canada, monarchy, canada, canada, form, government, embodied, canadian, sovereign, head, state, core, canada, constitutional, federal, structure, westminster, style, parliamentary, democracy, monarchy, foundation, executive, king, council, legislativ. The monarchy of Canada is Canada s form of government embodied by the Canadian sovereign and head of state It is at the core of Canada s constitutional federal structure and Westminster style parliamentary democracy a The monarchy is the foundation of the executive King in Council legislative King in Parliament and judicial King on the Bench branches of both federal and provincial jurisdictions b The king of Canada since 8 September 2022 has been Charles III 9 10 c King of CanadaRoi du CanadaFederalArms of the King of CanadaIncumbentCharles IIIsince 8 September 2022DetailsStyleHis MajestyHeir apparentWilliam Prince of Wales 1 ResidencesRideau Hall OttawaLa Citadelle Quebec CityWebsiteMonarchy and the CrownAlthough the person of the sovereign is shared with 14 other independent countries within the Commonwealth of Nations each country s monarchy is separate and legally distinct d As a result the current monarch is officially titled King of Canada and in this capacity he and other members of the royal family undertake public and private functions domestically and abroad as representatives of Canada However the monarch is the only member of the royal family with any constitutional role The monarch lives predominantly in the United Kingdom and while several powers are the sovereign s alone most of the royal governmental and ceremonial duties in Canada are carried out by the monarch s representative the governor general of Canada e In Canada s provinces the monarch in right of each is represented by a lieutenant governor As territories fall under the federal jurisdiction they each have a commissioner rather than a lieutenant governor who represents the federal Crown in Council directly As all executive authority is vested in the sovereign royal assent is required to allow for bills to become law and for letters patent and orders in council to have legal effect While the power for these acts stems from the Canadian people through the constitutional conventions of democracy 23 executive authority remains vested in the Crown and is only entrusted by the sovereign to the government on behalf of the people This underlines the Crown s role in safeguarding the rights freedoms and democratic system of government of Canadians reinforcing the fact that governments are the servants of the people and not the reverse 24 25 Thus within Canada s constitutional monarchy the sovereign s direct participation in any of these areas of governance is normally limited with the sovereign typically exercising executive authority only with the advice and consent of the Cabinet of Canada and the sovereign s legislative and judicial responsibilities largely carried out through the Parliament of Canada as well as judges and justices of the peace 24 However there are cases where the sovereign or their representative would have a duty to act directly and independently under the doctrine of necessity to prevent genuinely unconstitutional acts 26 27 In these respects the sovereign and his viceroys are custodians of the Crown s reserve powers and represent the power of the people above government and political parties 28 29 Put another way the Crown functions as the guarantor of Canada s continuous and stable governance and as a nonpartisan safeguard against the abuse of power f Canada is one of the oldest extant monarchies in the world 16 32 Established in the 16th century n 1 the monarchy has evolved through a continuous succession of initially French and later British sovereigns into the independent Canadian sovereigns of today j The institution that is Canada s system of constitutional monarchy is sometimes colloquially referred to as the Maple Crown n 2 Contents 1 International and domestic aspects 1 1 Succession and regency 1 1 1 Demise of the Crown 1 1 2 Legal aspects of succession 1 1 3 Regency 1 2 Foreign visits 2 Federal and provincial aspects 3 Personification of the Canadian state 3 1 Head of state 4 Federal constitutional role 4 1 Executive King in Council 4 2 Parliament King in Parliament 4 3 Courts King on the Bench 5 Cultural role 5 1 Royal presence and duties 5 2 Symbols associations and awards 5 3 Significance to Canadian identity 6 Royal family and house 7 Federal residences and royal household 7 1 Security 8 History 9 Public understanding 10 Debate 11 See also 12 Notes 13 References 13 1 Citations 13 2 Sources 14 Further information 15 External linksInternational and domestic aspects EditFurther information Commonwealth realm Relationship of the realms Commonwealth realms Overseas territories of Commonwealth realms King Charles is the reigning sovereign of each of the 15 Commonwealth realms The person who is the Canadian sovereign is equally shared with 14 other monarchies a grouping including Canada known informally as the Commonwealth realms in the 56 member Commonwealth of Nations The monarch resides predominantly in the oldest and most populous realm the United Kingdom viceroys the governor general of Canada in the federal sphere and a lieutenant governor in each province are the sovereign s representatives in Canada The emergence of this arrangement paralleled the fruition of Canadian nationalism following the end of the First World War and culminated in the passage of the Statute of Westminster in 1931 51 Since then the pan national Crown has had both a shared and a separate character the sovereign s role as monarch of Canada has been distinct from his or her position as monarch of any other realm n 3 k including the United Kingdom n 4 l Only Canadian federal ministers of the Crown may advise the sovereign on any and all matters of the Canadian state n 5 m of which the sovereign when not in Canada is kept abreast by weekly communications with the federal viceroy 63 The monarchy thus ceased to be an exclusively British institution and in Canada became a Canadian n or domesticated 67 establishment though it is still often denoted as British in both legal and common language 39 for reasons historical political and of convenience This division is illustrated in a number of ways The sovereign for example holds a unique Canadian title and 68 when he and other members of the royal family are acting in public specifically as representatives of Canada they use where possible Canadian symbols including the country s national flag unique royal symbols armed forces uniforms o and the like as well as Canadian Forces aircraft or other Canadian owned vehicles for travel 73 Once in Canadian airspace or arrived at a Canadian event taking place abroad the Canadian Secretary to the King officers of the Royal Canadian Mounted Police and other Canadian officials will take over from whichever of their other realms counterparts were previously escorting the King or other member of the royal family 73 74 The sovereign similarly only draws from Canadian funds for support in the performance of his duties when in Canada or acting as King of Canada abroad Canadians do not pay any money to the King or any other member of the royal family either towards personal income or to support royal residences outside of Canada 75 76 Succession and regency Edit Further information Succession to the British throne and Succession to the Throne Act 2013 William Prince of Wales the heir apparent to the Canadian throne As in the other Commonwealth realms the current heir apparent to the throne is William Prince of Wales who is followed in the line of succession by his eldest child Prince George Demise of the Crown Edit Upon the death of the monarch there is a demise transfer of the Crown the late sovereign s heir immediately and automatically succeeds without any need for confirmation or further ceremony 51 77 hence arises the phrase The King is dead Long live the King 78 79 It is customary for the accession of the new monarch to be publicly proclaimed by the governor general on behalf of the Privy Council which meets at Rideau Hall after the accession An appropriate period of mourning also follows during which portraits of the recently deceased monarch are draped with black fabric and staff at government houses wear customary black armbands The Manual of Official Procedure of the Government of Canada states the prime minister is responsible for convening Parliament tabling a resolution of loyalty and condolence from Parliament to the new monarch and arranging for the motion to be seconded by the leader of the Official Opposition 77 80 The prime minister will then move to adjourn parliament 77 80 The Canadian Broadcasting Corporation keeps a regularly updated plan for a broadcast of national importance announcing the demise of a sovereign and covering the aftermath during which all regular programming and advertising is cancelled and on call commentators contribute to a 24 hour news mode 77 The day of the funeral is likely to be a public holiday 77 The new monarch is crowned in the United Kingdom in an ancient ritual but one not necessary for a sovereign to reign n 6 Under the federal Interpretation Act officials who hold a federal office under the Crown are not affected by the death of the monarch nor are they required to take the Oath of Allegiance again 81 All references in federal legislation to previous monarchs whether in the masculine e g His Majesty or feminine e g the Queen continue to mean the reigning sovereign of Canada regardless of his or her gender 82 This is because in common law the Crown never dies After an individual ascends the throne he or she usually continues to reign until death n 7 The original Act of Settlement 1701 Legal aspects of succession Edit The relationship between the Commonwealth realms is such that any change to the rules of succession to their respective crowns requires the unanimous consent of all the realms Succession is governed by statutes such as the Bill of Rights 1689 the Act of Settlement 1701 and the Acts of Union 1707 In 1936 King Edward VIII abdicated and any possible future descendants of his were excluded from the line of succession 83 The British government at the time wishing for speed so as to avoid embarrassing debate in Dominion parliaments suggested that the governments of the Dominions of the British Commonwealth then Australia New Zealand the Irish Free State the Union of South Africa and Canada regard whoever was monarch of the UK to automatically be monarch of their respective Dominion As with the other Dominion governments the Canadian Cabinet headed by Prime Minister William Lyon Mackenzie King refused to accept the idea and stressed that the laws of succession were part of Canadian law and as the Statute of Westminster 1931 disallowed the UK from legislating for Canada including in relation to succession 84 altering them required Canada s request and consent to the British legislation His Majesty s Declaration of Abdication Act 1936 becoming part of Canadian law 85 Sir Maurice Gwyer first parliamentary counsel in the UK reflected this position stating the Act of Settlement was a part of the law in each Dominion 85 Thus Order in Council P C 3144 86 was issued expressing the Cabinet s request and consent for His Majesty s Declaration of Abdication Act 1936 to become part of the laws of Canada and the Succession to the Throne Act 1937 gave parliamentary ratification to that action together bringing the Act of Settlement and Royal Marriages Act 1772 into Canadian law 87 88 The latter was deemed by the Cabinet in 1947 to be part of Canadian law n 8 89 The Department of External Affairs included all succession related laws in its list of acts within Canadian law The Supreme Court of Canada declared unanimously in the 1981 Patriation Reference that the Bill of Rights 1689 is undoubtedly in force as part of the law of Canada 91 92 Furthermore in O Donohue v Canada 2003 the Ontario Superior Court of Justice found that the Act of Settlement 1701 is part of the laws of Canada and the rules of succession are by necessity incorporated into the Constitution of Canada 93 Another ruling of the Ontario Superior Court in 2014 echoed the 2003 case stating that the Act of Settlement is an imperial statute which ultimately became part of the law of Canada 94 Upon dismissing appeal of that case the Court of Appeal of Ontario stated t he rules of succession are a part of the fabric of the constitution of Canada and incorporated into it 95 In a meeting of the Special Joint Committee on the Constitution during the process of patriating the Canadian constitution in 1981 John Munro asked then Minister of Justice Jean Chretien about the selective omissions of the Succession to the Throne Act 1937 the Demise of the Crown Act 1901 the Seals Act the Governor General s Act and the Royal Style and Titles Act 1953 from the schedule to the Constitution Act 1982 In response Chretien asserted that the schedule to theConstitution Act 1982 was not exhaustive outlining that section 52 2 of the Constitution Act 1982 says t he Constitution of Canada includes the Acts and orders referred to the schedule and w hen you use the word includes it means that if ever there is another thing related to the Canadian constitution as part of it should have been there or might have been there it is covered So we do not have to renumerate sic the ones that you are mentioning 96 In the same meeting Deputy Attorney General Barry Strayer stated Clause 52 2 is not an exhaustive definition of the Constitution of Canada so that while we have certain things listed in the schedule which are clearly part of the constitution that does not mean that there are not other things which are part of the constitution The schedule is not an exhaustive list 96 In the 1991 publication Constitutional Change in the Commonwealth author Leslie Zines claimed that though the succession to Canada s throne was outlined by common law and the Act of Settlement 1701 these were not part of the Canadian constitution which does not contain rules for succession to the throne 97 Richard Toporoski writing three years later for the Monarchist League of Canada stated there is no existing provision in our law other than the Act of Settlement 1701 that provides that the King or Queen of Canada shall be the same person as the King or Queen of the United Kingdom If the British law were to be changed and we did not change our law the person provided for in the new law would become king or queen in at least some realms of the Commonwealth Canada would continue on with the person who would have become monarch under the previous law 98 In 2011 Canada committed to the Perth Agreement with the other Commonwealth realms which proposed changes to the rules governing succession to remove male preference and removal of disqualification arising from marriage to a Roman Catholic As a result of the Perth Agreement the Canadian Parliament passed the Succession to the Throne Act 2013 which gave the country s assent to the Succession to the Crown Bill 2013 at that time proceeding in the Parliament of the United Kingdom In dismissing a challenge to the law on the basis that a change to the succession in Canada would require unanimous consent of all provinces under section 41 a of the Constitution Act 1982 Quebec Superior Court Justice Claude Bouchard ruled that Canada did not have to change its laws nor its constitution for the British royal succession rules to be amended and effective and constitutional convention committed Canada to having a line of succession symmetrical to those of other Commonwealth realms 99 100 The ruling was upheld by the Quebec Court of Appeal 101 The Supreme Court of Canada declined to hear an appeal in April 2020 102 The throne of Canada left and throne for the royal consort right behind the speaker s chair in the Senate Constitutional scholar Philippe Lagasse argues that in light of the Succession to the Throne Act 2013 and court rulings upholding that law section 41 a of the Constitution Act 1982 which requires a constitutional amendment passed with the unanimous consent of the provinces applies only to the office of the Queen but not who holds that office and that therefore ending the principle of symmetry with the United Kingdom can be done with the general amending procedure or even by parliament alone under section 44 of the Constitution Act 1982 102 103 Constitutional scholar Ted McWhinney has also argued that a future government of Canada could begin a process of phasing out the monarchy after the death of Elizabeth II quietly and without fanfare by simply failing legally to proclaim any successor to the Queen in relation to Canada This would he claimed be a way of bypassing the need for a constitutional amendment that would require unanimous consent by the federal parliament and all the provincial legislatures 104 However Ian Holloway Dean of Law at the University of Western Ontario criticized McWhinney s proposal for its ignorance of provincial input and opined that its implementation would be contrary to the plain purpose of those who framed our system of government 105 Certain aspects of the succession rules have been challenged in the courts For example under the provisions of the Bill of Rights 1689 and the Act of Settlement 1701 Catholics are barred from succeeding to the throne this prohibition has been upheld twice by Canadian courts once in 2003 and again in 2014 p Regency Edit Canada has no laws allowing for a regency should the sovereign be a minor or debilitated 63 none have been passed by the Canadian Parliament and it was made clear by successive Cabinets since 1937 that the United Kingdom s Regency Act had no applicability to Canada 63 as the Canadian Cabinet had not requested otherwise when the act was passed that year and again in 1943 and 1953 As the 1947 Letters Patent issued by King George VI permit the governor general of Canada to exercise almost all of the monarch s powers in respect of Canada the viceroy is expected to continue to act as the personal representative of the monarch and not any regent even if the monarch is a child or incapacitated q Lagasse states that the Letters Patent 1947 were apparently written to avoid the need for a Canadian regency act and appear to give governors general the power to appoint their own successors though this is a power that has not been utilized to date 103 Foreign visits Edit See also List of state and official visits by Canada The following state and official visits to foreign countries have been made by the monarch as the sovereign of Canada Visit to Date Monarch of Canada Received by Type France 26 July 1936 King Edward VIII President Albert Lebrun Official r United States 7 11 June 1939 King George VI President Franklin D Roosevelt State s United States 17 October 1957 Queen Elizabeth II President Dwight D Eisenhower State t United States 26 June 1959 Official 122 123 United States 6 July 1959 Governor William Stratton State u France 6 June 1984 President Francois Mitterrand Official v France 1994 Official 123 128 France 6 June 2004 President Jacques Chirac Official 129 123 France 9 April 2007 Prime Minister Dominique de Villepin Official w United States 6 July 2010 Governor David Paterson Official 130 131 Federal and provincial aspects EditFurther information Monarchy in the Canadian provinces Participants of a viceregal and territorial commissioner s conference in 2016 There are 11 viceroys that represent the Canadian monarch in their respective jurisdictions Canada s monarchy was established at Confederation when its executive government and authority were declared in section 9 of the Constitution Act 1867 to continue and be vested in the monarch Although Canada is a federation the Canadian monarchy is unitary throughout all jurisdictions in the country 132 the sovereignty of the different administrations being passed on through the overreaching Crown itself as a part of the executive legislative and judicial operations in each of the federal and provincial spheres and the headship of state being a part of all equally 132 The Crown thus links the various governments into a federal state 7 dead link though it is simultaneously also divided into eleven legal jurisdictions or eleven crowns one federal and ten provincial 133 with the monarch taking on a distinct legal persona in each n 9 n 10 As such the constitution instructs that any change to the position of the monarch or his or her representatives in Canada requires the consent of the Senate the House of Commons and the legislative assemblies of all the provinces 136 The governor general is appointed by the monarch on the advice of his federal prime minister and the lieutenant governors are appointed by the governor general on the advice of the federal prime minister The commissioners of Canada s territories are appointed by the federal Governor in Council at the recommendation of the Minister of Indian Affairs and Northern Development but as the territories are not sovereign entities the commissioners are not personal representatives of the sovereign The Advisory Committee on Vice Regal Appointments which may seek input from the relevant premier and provincial or territorial community proposes candidates for appointment as governor general lieutenant governor and commissioner 137 138 Personification of the Canadian state Edit The Great Seal of Canada used during the reign of Queen Elizabeth II As the living embodiment of the Crown 82 the sovereign is regarded as the personification of the Canadian state and n 11 x as such must along with his or her viceregal representatives remain strictly neutral in political terms 66 The person of the reigning sovereign thus holds two distinct personas in constant coexistence that of a natural born human being and that of the state as accorded to him or her through law the Crown and the monarch are conceptually divisible but legally indivisible t he office cannot exist without the office holder n 12 51 so even in private the monarch is always on duty 143 The terms the state the Crown 152 the Crown in Right of Canada His Majesty the King in Right of Canada French Sa Majeste le Roi du chef du Canada 153 and similar are all synonymous and the monarch s legal personality is sometimes referred to simply as Canada 144 154 As such the king or queen of Canada is the employer of all government officials and staff including the viceroys judges members of the Canadian Forces police officers and parliamentarians n 13 the guardian of foster children Crown wards as well as the owner of all state lands Crown land buildings and equipment Crown held property 156 state owned companies Crown corporations and the copyright for all government publications Crown copyright 157 This is all in his or her position as sovereign and not as an individual all such property is held by the Crown in perpetuity and cannot be sold by the sovereign without the proper advice and consent of his or her ministers Photo portrait of Queen Elizabeth II at the front of a citizenship ceremony The sovereign is the focus of the Oath of Citizenship The monarch is at the apex of the Canadian order of precedence and as the embodiment of the state is also the focus of oaths of allegiance n 14 y required of many of the aforementioned employees of the Crown as well as by new citizens as by the Oath of Citizenship Allegiance is given in reciprocation to the sovereign s Coronation Oath 161 wherein he or she promises to govern the Peoples of Canada according to their respective laws and customs 162 Head of state Edit Although it has been argued that the term head of state is a republican one inapplicable in a constitutional monarchy such as Canada where the monarch is the embodiment of the state and thus cannot be head of it 143 the sovereign is regarded by official government sources z judges 166 constitutional scholars 144 167 and pollsters as the head of state 168 while the governor general and lieutenant governors are all only representatives of and thus equally subordinate to that figure 169 Some governors general their staff government publications 144 and constitutional scholars like Ted McWhinney and C E S Franks have 170 171 however referred to the position of governor general as that of Canada s head of state 172 173 though sometimes qualifying the assertion with de facto or effective aa Franks has hence recommended that the governor general be named officially as the head of state 171 Still others view the role of head of state as being shared by both the sovereign and her viceroys ab Since 1927 governors general have been received on state visits abroad as though they were heads of state 180 Then Governor General David Johnston reviews the guard of honour at Rashtrapati Bhavan during a state visit to India 24 February 2014 Officials at Rideau Hall have attempted to use the Letters Patent 1947 as justification for describing the governor general as head of state However the document makes no such distinction 181 nor does it effect an abdication of the sovereign s powers in favour of the viceroy 63 as it only allows the governor general to act on The Queen s behalf 182 183 Dr D Michael Jackson former Chief of Protocol of Saskatchewan argued that Rideau Hall had been attempting to recast the governor general as head of state since the 1970s and doing so preempted both the Queen and all of the lieutenant governors 169 This caused not only precedence wars at provincial events where the governor general usurped the lieutenant governor s proper spot as most senior official in attendance 184 185 and Governor General Adrienne Clarkson to accord herself precedence before the Queen at a national occasion 186 but also constitutional issues by unbalancing the federalist symmetry 132 187 This has been regarded as both a natural evolution and as a dishonest effort to alter the constitution without public scrutiny 181 188 In a poll conducted by Ipsos Reid following the first prorogation of the 40th parliament on 4 December 2008 it was found that 42 per cent of the sample group thought the prime minister was head of state while 33 per cent felt it was the governor general Only 24 per cent named the Queen as head of state 168 a number up from 2002 when the results of an EKOS Research Associates survey showed only 5 per cent of those polled knew the Queen was head of state 69 per cent answered that it was the prime minister 189 Federal constitutional role Edit King George VI left and William Lyon Mackenzie King Prime Minister of Canada right share a moment of levity 11 May 1937 Canada s constitution is based on the Westminster parliamentary model wherein the role of the King is both legal and practical but not political 66 The sovereign is vested with all the powers of state collectively known as the royal prerogative 190 leading the populace to be considered subjects of the Crown 191 However as the sovereign s power stems from the people 25 192 and the monarch is a constitutional one he or she does not rule alone as in an absolute monarchy Instead the Crown is regarded as a corporation sole with the monarch being the centre of a construct in which the power of the whole is shared by multiple institutions of government 193 the executive legislative and judicial 8 acting under the sovereign s authority 144 194 which is entrusted for exercise by the politicians the elected and appointed parliamentarians and the ministers of the Crown generally drawn from among them and the judges and justices of the peace 24 The monarchy has thus been described as the underlying principle of Canada s institutional unity and the monarch as a guardian of constitutional freedoms 41 159 whose job is to ensure that the political process remains intact and is allowed to function 66 The Great Seal of Canada signifies the power and authority of the Crown flowing from the sovereign to the parliamentary government 195 and is applied to state documents such as royal proclamations and letters patent commissioning cabinet ministers senators judges and other senior government officials 196 The lending of royal authority to the Cabinet is illustrated by the great seal being entrusted by the governor general the official keeper of the seal to the Minister of Innovation Science and Economic Development who is ex officio the Registrar General of Canada 196 Upon a change of government the seal is temporarily returned to the governor general and then lent to the next incoming registrar general 195 The Crown is the pinnacle of the Canadian Forces with the constitution placing the monarch in the position of commander in chief of the entire force though the governor general carries out the duties attached to the position and also bears the title of Commander in Chief in and over Canada 197 Further included in Canada s constitution are the various treaties between the Crown and Canadian First Nations Inuit and Metis peoples who view these documents as agreements directly and only between themselves and the reigning monarch illustrating the relationship between sovereign and aboriginals 198 199 200 Executive King in Council Edit The first meeting of the Queen s Privy Council for Canada before the reigning sovereign Queen Elizabeth II in the State Dining Room of Rideau Hall 14 October 1957 The government of Canada formally termed His Majesty s Government 201 is defined by the constitution as the King acting on the advice of his Privy Council ac what is technically known as the King in Council 7 or sometimes the Governor in Council 82 referring to the governor general as the King s stand in though a few tasks must be specifically performed by or bills that require assent from the King ad One of the main duties of the Crown is to ensure that a democratically elected government is always in place 179 which means appointing a prime minister to thereafter head the Cabinet 207 a committee of the Privy Council charged with advising the Crown on the exercise of the royal prerogative 204 The monarch is informed by his viceroy of the swearing in and resignation of prime ministers and other members of the ministry 207 remains fully briefed through regular communications from his Canadian ministers and holds audience with them whenever possible 163 By convention the content of these communications and meetings remains confidential so as to protect the impartiality of the monarch and his representative 66 208 The appropriateness and viability of this tradition in an age of social media has been questioned 209 210 In the construct of constitutional monarchy and responsible government the ministerial advice tendered is typically binding 211 meaning the monarch reigns but does not rule the Cabinet ruling in trust for the monarch 212 This has been the case in Canada since the Treaty of Paris ended the reign of the territory s last absolute monarch King Louis XV of France However the royal prerogative belongs to the Crown and not to any of the ministers ae and the royal and viceroyal figures may unilaterally use these powers in exceptional constitutional crisis situations an exercise of the reserve powers n 15 thereby allowing the monarch to make sure that the government conducts itself in compliance with the constitution 179 Use of the royal prerogative in this manner was seen when the Governor General refused his Prime Minister s advice to dissolve parliament in 1926 and when in 2008 the Governor General took some hours to decide whether or not to accept her Prime Minister s advice to prorogue parliament to avoid a vote of non confidence 214 The prerogative powers have also been used numerous times in the provinces 214 The royal prerogative further extends to foreign affairs including the ratification of treaties alliances international agreements and declarations of war 215 the accreditation of Canadian high commissioners and ambassadors and receipt of similar diplomats from foreign states 216 217 and the issuance of Canadian passports 218 which remain the sovereign s property 219 It also includes the creation of dynastic and national honours 220 though only the latter are established on official ministerial advice Parliament King in Parliament Edit King George VI with Queen Elizabeth grants royal assent to bills in the Senate Chamber 1939 All laws in Canada are the monarch s and the sovereign is one of the three components of the Parliament of Canada 221 222 formally called the King in Parliament 7 but the monarch and viceroy do not participate in the legislative process save for royal assent which is necessary for a bill to be enacted as law Either figure or a delegate may perform this task and the constitution allows the viceroy the option of deferring assent to the sovereign 223 The governor general is further responsible for summoning the House of Commons while either the viceroy or monarch can prorogue and dissolve the legislature after which the governor general usually calls for a general election The new parliamentary session is marked by either the monarch governor general or some other representative reading the Speech from the Throne 224 Members of Parliament must recite the Oath of Allegiance before they may take their seat Further the official opposition is traditionally dubbed as His Majesty s Loyal Opposition af illustrating that while its members are opposed to the incumbent government they remain loyal to the sovereign as personification of the state and its authority 227 The monarch does not have the prerogative to impose and collect new taxes without the authorization of an Act of Parliament The consent of the Crown must however be obtained before either of the houses of Parliament may even debate a bill affecting the sovereign s prerogatives or interests and no act of Parliament binds the King or his rights unless the act states that it does 228 Courts King on the Bench Edit A Supreme Court of Canada courtroom displaying on the focal wall a rendition of the Royal Arms The sovereign is responsible for rendering justice for all his subjects and is thus traditionally deemed the fount of justice 229 and his position in the Canadian courts formally dubbed the King on the Bench 7 The Arms of His Majesty in Right of Canada are traditionally displayed in Canadian courtrooms 230 as is a portrait of the sovereign 231 The monarch does not personally rule in judicial cases this function of the royal prerogative is instead performed in trust and in the King s name by officers of His Majesty s court 229 Common law holds the notion that the sovereign can do no wrong the monarch cannot be prosecuted in his own courts judged by himself for criminal offences Civil lawsuits against the Crown in its public capacity that is lawsuits against the King in Council are permitted but lawsuits against the monarch personally are not cognizable In international cases as a sovereign and under established principles of international law the King of Canada is not subject to suit in foreign courts without his express consent 202 Within the royal prerogative is also the granting of immunity from prosecution 232 mercy and pardoning offences against the Crown 233 234 Since 1878 the prerogative of pardon has always been exercised upon the recommendation of ministers 235 Cultural role EditRoyal presence and duties Edit Further information Royal tours of Canada Members of the royal family have been present in Canada since the late 18th century their reasons including participating in military manoeuvres serving as the federal viceroy or undertaking official royal tours A prominent feature of the latter are numerous royal walkabouts the tradition of which was initiated in 1939 by Queen Elizabeth when she was in Ottawa and broke from the royal party to speak directly to gathered veterans 236 237 Usually important milestones anniversaries or celebrations of Canadian culture will warrant the presence of the monarch 236 while other royals will be asked to participate in lesser occasions A household to assist and tend to the monarch forms part of the royal party Prince Philip with the Royal Canadian Regiment as their colonel in chief April 2013 Official duties involve the sovereign representing the Canadian state at home or abroad or her relations as members of the royal family participating in government organized ceremonies either in Canada or elsewhere n 16 ah sometimes these individuals are employed in asserting Canada s sovereignty over its territories n 17 The advice of the Canadian Cabinet is the impetus for royal participation in any Canadian event though at present the Chief of Protocol and his staff in the Department of Canadian Heritage are as part of the State Ceremonial and Canadian Symbols Program 260 261 responsible for orchestrating any official events in or for Canada that involve the royal family 262 Conversely unofficial duties are performed by royal family members on behalf of Canadian organizations of which they may be patrons through their attendance at charity events visiting with members of the Canadian Forces as colonel in chief or marking certain key anniversaries 255 256 The invitation and expenses associated with these undertakings are usually borne by the associated organization 255 In 2005 members of the royal family were present at a total of 76 Canadian engagements as well as several more through 2006 and 2007 263 Apart from Canada the King and other members of the royal family regularly perform public duties in the other fourteen Commonwealth realms in which the King is head of state This situation however can mean the monarch and or members of the royal family will be promoting one nation and not another a situation that has been met with criticism n 18 Symbols associations and awards Edit Main article Canadian royal symbols The flag of the Canadian Forces bearing the forces emblem which has at its apex a St Edward s Crown indicating the sovereign as the military s source of authority The main symbol of the monarchy is the sovereign himself 193 described as the personal expression of the Crown in Canada 265 and his image is thus used to signify Canadian sovereignty and government authority his image for instance appearing on currency and his portrait in government buildings 159 The sovereign is further both mentioned in and the subject of songs loyal toasts and salutes 266 A royal cypher appearing on buildings and official seals or a crown seen on provincial and national coats of arms as well as police force and Canadian Forces regimental and maritime badges and rank insignia is also used to illustrate the monarchy as the locus of authority 267 the latter without referring to any specific monarch Since the days of King Louis XIV 268 the monarch is the fount of all honours in Canada and the orders 268 269 decorations and medals form an integral element of the Crown 268 Hence the insignia and medallions for these awards bear a crown cypher and or portrait of the monarch Similarly the country s heraldic authority was created by the Queen and operating under the authority of the governor general grants new coats of arms flags and badges in Canada Use of the royal crown in such symbols is a gift from the monarch showing royal support and or association and requires her approval before being added 267 270 The Sovereign s Medal for Volunteers depicts Elizabeth II with a snowflake diadem Members of the royal family also act as ceremonial colonels in chief commodores in chief captains general air commodores in chief generals and admirals of various elements of the Canadian Forces reflecting the Crown s relationship with the country s military through participation in events both at home and abroad n 19 The monarch also serves as the Commissioner in Chief Prince Charles as Honorary Commissioner and Prince Edward as Honorary Deputy Commissioner of the Royal Canadian Mounted Police 271 A number of Canadian civilian organizations have association with the monarchy either through their being founded via a royal charter having been granted the right to use the prefix royal before their name or because at least one member of the royal family serves as a patron In addition to The Prince s Charities Canada established by Charles Prince of Wales some other charities and volunteer organizations have also been founded as gifts to or in honour of some of Canada s 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 set up in honour of King George V s Silver Jubilee in 1935 and the Queen Elizabeth II Fund to Aid in Research on the Diseases of Children A number of awards in Canada are likewise issued in the name of previous or present members of the royal family Further organizations will give 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 an inscription Dei Gratia Regina a Latin phrase for By the Grace of God Queen 272 Significance to Canadian identity Edit I want the Crown in Canada to represent everything that is best and most admired in the Canadian ideal I will continue to do my best to make it so during my lifetime Elizabeth II 1973 273 In his 1990 book Continental Divide the Values and Institutions of the United States and Canada Seymour Martin Lipset argues that the presence of the monarchy in Canada helps distinguish Canadian identity from American identity 274 Since at least the 1930s 275 supporters of the Crown have held the opinion that the Canadian monarch is also one of the rare unified elements of Canadian society 276 focusing both the historic consciousness of the nation and various forms of patriotism and national love on the point around which coheres the nation s sense of a continuing personality 277 Former Governor General Vincent Massey articulated in 1967 that the monarchy is part of ourselves It is linked in a very special way with our national life It stands for qualities and institutions which mean Canada to every one of us and which for all our differences and all our variety have kept Canada Canadian 278 But according to Arthur Bousfield and Gary Toffoli Canadians were through the late 1960s to the 2000s encouraged by the federal government to neglect ignore forget reject debase suppress even hate and certainly treat as foreign what their parents and grandparents whether spiritual or blood regarded as the basis of Canadian nationhood autonomy and history including the monarchy 279 Former Governor General Roland Michener said in 1970 that anti monarchists claimed the Canadian Crown is foreign and incompatible with Canada s multicultural society 205 which the government promoted as a Canadian identifier and Lawrence Martin called in 2007 for Canada to become a republic in order to re brand the nation 280 However Michener also stated the monarchy is our own by inheritance and choice and contributes much to our distinctive Canadian identity and our chances of independent survival amongst the republics of North and South America 205 Journalist Christina Blizzard emphasized in 2009 that the monarchy made Canada a haven of peace and justice for immigrants from around the world 281 while Michael Valpy contended in 2009 that the Crown s nature permitted non conformity amongst its subjects thereby opening the door to multiculturalism and pluralism 39 Royal family and house Edit Queen Elizabeth II Prince Philip Duke of Edinburgh Prince Andrew and Prince Edward at the opening of the 1978 Commonwealth Games in Edmonton Alberta The Canadian royal family is the group of people who are relatively closely related to the country s monarch and 282 as such belonging to the House of Windsor There is no legal definition of who is or is not a member of the royal family though the Government of Canada maintains a list of immediate family members 283 284 and stipulates that those in the direct line of succession who bear the style of Royal Highness French Altesse Royale are subjects of 285 and owe their allegiance specifically to the reigning king or queen of Canada 286 Unlike in the United Kingdom the monarch is the only member of the royal family with a title established through Canadian law and is styled by convention as His Her Majesty 287 as would be a queen consort Otherwise the remaining family members are as a courtesy styled and titled as they are in the UK 287 according to letters patent issued there 288 289 Though in Canada these are also translated to French 290 They are distant relations of the Belgian Danish Greek Norwegian Spanish and Swedish royal families and 291 given the shared nature of the Canadian monarch most are also of members of the British royal family However because Canada and the UK are independent of one another it is inappropriate to refer in the Canadian context to the family of the monarch as the British royal family 292 as is frequently done by Canadian and other media 293 294 and there exist some differences between the official lists of each n 20 Further in addition to the five Canadian citizens in the royal family n 21 the sovereign is considered Canadian ai and those among his relations who do not meet the requirements of Canadian citizenship law are considered Canadian which entitles them to Canadian consular assistance and the protection of the King s armed forces of Canada when they are in need of protection or aid outside of the Commonwealth realms 286 as well as to substantive appointment to Canadian orders or receipt of Canadian decorations 303 304 Beyond legalities members of the royal family have on occasion been said by the media and non governmental organizations to be Canadian n 22 have declared themselves to be Canadian n 23 and some past members have lived in Canada for extended periods as viceroy or for other reasons n 24 William Prince of Wales and Catherine Princess of Wales at the Canada Day celebrations in Ottawa 1 July 2011 According to the Canadian Royal Heritage Trust Prince Edward Augustus Duke of Kent and Strathearn due to his having lived in Canada between 1791 and 1800 and fathering Queen Victoria is the ancestor of the modern Canadian Royal Family 315 Nonetheless the concept of the Canadian royal family did not emerge until after the passage of the Statute of Westminster in 1931 when Canadian officials only began to overtly consider putting the principles of Canada s new status as an independent kingdom into effect 318 At first the monarch was the only member of the royal family to carry out public ceremonial duties solely on the advice of Canadian ministers King Edward VIII became the first to do so when in July 1936 he dedicated the Canadian National Vimy Memorial in France n 16 Over the decades however the monarch s children grandchildren cousins and their respective spouses began to also perform functions at the direction of the Canadian Crown in Council representing the monarch within Canada or abroad But it was not until October 2002 when the term Canadian royal family was first used publicly and officially by one of its members in a speech to the Nunavut legislature at its opening Queen Elizabeth II stated I am proud to be the first member of the Canadian royal family to be greeted in Canada s newest territory 319 Princess Anne used it again when speaking at Rideau Hall in 2014 320 as did the now King Charles in Halifax the same year 321 Also in 2014 then Premier of Saskatchewan Brad Wall called Prince Edward a member of the Canadian royal family 322 By 2011 both Canadian and British media were referring to Canada s royal family or the Canadian royal family aj The press frequently follows the movements of the royal family and can at times affect the group s popularity which has fluctuated over the years Mirroring the mood in the United Kingdom the family s lowest approval was during the mid 1980s to 1990s when the children of the monarch were enduring their divorces and were the targets of negative tabloid reporting Federal residences and royal household EditMain article Government Houses of Canada Rideau Hall Citadelle of QuebecOfficial residences of the sovereign and their representative the governor general A number of buildings across Canada are reserved by the Crown for the use of the monarch and his viceroys Each is called Government House but may be customarily known by some specific name The sovereign s and governor general s official residences are Rideau Hall in Ottawa and the Citadelle in Quebec City n 25 ak Each of these royal seats holds pieces from the Crown Collection 339 Further though neither was ever used for their intended purpose Hatley Castle in British Columbia was purchased in 1940 by King George VI in Right of Canada to use as his home during the course of the Second World War 340 and the Emergency Government Headquarters built in 1959 at CFS Carp and decommissioned in 1994 included a residential apartment for the sovereign or governor general in the case of a nuclear attack on Ottawa 341 342 Monarchs and members of their family have also owned in a private capacity homes and land in Canada King Edward VIII owned Bedingfield Ranch near Pekisko Alberta 343 the Marquess of Lorne and Princess Louise owned a cottage on the Cascapedia River in Quebec 344 and Princess Margaret owned Portland Island between its gifting to her by the Crown in Right of British Columbia in 1958 and her death in 2002 though she offered it back to the Crown on permanent loan in 1966 and the island and surrounding waters eventually became Princess Margaret Marine Park 345 346 Prince Arthur at Mohawk Chapel in 1913 The sanctuary was designated a Chapel Royal in 1904 To assist the King in carrying out his official duties on behalf of Canada he appoints various people to his Canadian household Along with the Canadian Secretary to the King 262 the monarch s entourage includes two ladies in waiting the Canadian Equerry in Waiting to the King the King s Police Officer 347 the King s Honorary Physician the King s Honorary Dental Surgeon and the King s Honorary Nursing Officer 348 the latter three being drawn from the Canadian Forces 111 Prince Edward Earl of Wessex also has a Canadian private secretary and his wife 349 Sophie Countess of Wessex a lady in waiting 350 Air transportation for the royal family is provided by the Royal Canadian Air Force 412 Transport Squadron There are three household regiments specifically attached to the royal household the Governor General s Foot Guards the Governor General s Horse Guards and the Canadian Grenadier Guards There are also three chapels royal all in Ontario 351 Mohawk Chapel in Brantford Christ Church Royal Chapel near Deseronto and St Catherine s Chapel in Massey College in Toronto Though not officially a royal chapel St Bartholomew s Anglican Church located across MacKay Street from Rideau Hall is regularly used by governors general and their families and sometimes by the sovereign and other members of the royal family as well as by viceregal household staff their families and members of the Governor General s Foot Guards for whom the church also serves as a regimental chapel 352 Security Edit Queen Elizabeth II centre followed by the Queen s Police Officer left drawn from the Royal Canadian Mounted Police The Royal Canadian Mounted Police is tasked with providing security to the sovereign the governor general starting from when he or she is made governor general designate 353 and other members of the royal family as outlined in the RCMP Regulations the force has a duty to protect individuals designated by the Minister of Public Safety including certain members of the royal family when visiting 354 The RCMP s provision of service is determined based on threat and risk assessment the seniority of the individual in terms of precedence and n 26 for members of the royal family the nature of the royal tour ie an official tour on behalf of the Queen or a working or private visit 354 The governor general receives round the clock security from the Governor General Protection Detail 356 part of the Personal Protection Group based at Rideau Hall History EditMain article History of monarchy in Canada Further information List of Canadian monarchs The Canadian monarchy can trace its ancestral lineage back to the kings of the Angles and the early Scottish kings and through the centuries since the claims of King Henry VII in 1497 and King Francis I in 1534 both being blood relatives of the current Canadian monarch Former Prime Minister Stephen Harper said of the Crown that it links us all together with the majestic past that takes us back to the Tudors the Plantagenets Magna Carta habeas corpus petition of rights and English common law 357 Though the first French and British colonizers of Canada interpreted the hereditary nature of some indigenous North American chieftainships as a form of monarchy al it is generally accepted that Canada has been a territory of a monarch or a monarchy in its own right only since the establishment of the French colony of Canada in the early 16th century 40 according to historian Jacques Monet the Canadian Crown is one of the few that have survived through uninterrupted succession since before its inception 48 King Francis I of France established colonies in Acadia and Canada in 1534 Queen Victoria in 1870 three years after her royal assent to the British North America Act 1867 creating the Canadian federation After the Canadian colonies of France were via war and treaties ceded to the British Crown and the population was greatly expanded by those loyal to George III fleeing north from persecution during and following the American Revolution British North America was in 1867 confederated by Queen Victoria to form Canada as a kingdom in its own right am By the end of the First World War the increased fortitude of Canadian nationalism inspired the country s leaders to push for greater independence from the King in his British Council resulting in the creation of the uniquely Canadian monarchy through the Statute of Westminster which was granted royal assent in 1931 362 363 Only five years later Canada had three successive kings in the space of one year with the death of George V the accession and abdication of Edward VIII and his replacement by George VI The latter became in 1939 the first reigning monarch of Canada to tour the country though previous kings had done so before their accession As the ease of travel increased visits by the sovereign and other royal family members became more frequent and involved seeing Queen Elizabeth II officiate at various moments of importance in the nation s history one being when she proclaimed the country to be fully independent via constitutional patriation in 1982 311 That act is said to have entrenched the monarchy in Canada 364 due to the stringent requirements as laid out in the amending formula that must be met in order to alter the monarchy in any way 136 Through the 1960s and 1970s the rise of Quebec nationalism and changes in Canadian identity created an atmosphere where the purpose and role of the monarchy came into question Some references to the monarch and the monarchy were removed from the public eye and moves were made by the federal government to constitutionally alter the Crown s place and role in Canada first by explicit legal amendments and later by subtle attrition impelled by elements of the public service the Cabinet and governors general and their staff alike an But provincial and federal ministers along with loyal national citizen s organizations ensured that the system remained the same in essence 367 Elizabeth II the first monarch to be titled Queen of Canada wearing her Canadian insignia as sovereign of the Order of Canada and the Order of Military Merit 2010 By 2002 the royal tour and associated fetes for the Queen s Golden Jubilee proved popular with Canadians across the country 368 369 370 though Canada s first republican organization since the 1830s was also founded that year Celebrations took place across the country to mark the Queen s Diamond Jubilee in 2012 371 372 the first such event in Canada since that for Victoria in 1897 On 9 September 2015 she became the second longest reigning monarch in Canadian history preceded only by King Louis XIV 373 events were organized to celebrate her as the longest reigning sovereign in Canada s modern era 374 Prince Charles represented his mother the Queen two years later at the main events in Ottawa recognizing the 150th anniversary of Confederation 375 During the COVID 19 pandemic the Queen expressed her support for all Canadians and thanks to those who were caring for the vulnerable and providing essential services 376 As the pandemic waned into 2022 celebrations were mounted around the country and throughout the year to mark the Queen s Platinum Jubilee 377 the first ever such event in Canadian history 378 It was also though the first time since at least Queen Victoria s Golden Jubilee in 1887 that the federal Cabinet did not advise the Crown to issue an associated commemorative medal 379 In response six provinces produced their own Platinum Jubilee medals another first 380 From 2021 into 2022 the subject of reconciliation with Canada s indigenous peoples came to the forefront of the public consciousness particularly in regard to residential schools Statues of Queen Victoria and Queen Elizabeth II in Winnipeg were vandalized 381 382 On the first National Day for Truth and Reconciliation Elizabeth made a public statement saying she joins with all Canadians to reflect on the painful history that indigenous peoples endured in residential schools in Canada and on the work that remains to heal and to continue to build an inclusive society 383 In 2021 the Queen appointed Mary Simon as the first indigenous governor general in Canadian history n 27 384 Queen Elizabeth II passed away on 8 September 2022 and was succeeded by her eldest son who took the regnal name Charles III The Queen s last public message was sent on 7 September to Canadians across the country in the aftermath of the 2022 Saskatchewan stabbings 385 stating in it she mourn s with all Canadians at this tragic time 386 Immediately following a formal meeting of the King s Privy Council for Canada the proclamation of the new king took place on 10 September in a ceremony at Rideau Hall that included heraldic trumpeting a 21 gun salute and a moment of remembrance for Queen Elizabeth II 387 388 Public understanding EditCommentators have in the late 20th and early 21st centuries stated that contemporary Canadians had and have a poor understanding of the Canadian monarchy 389 something the Monarchist League of Canada MLC claims opponents of the monarchy exacerbate by spreading disinformation and then take advantage of 390 Michael D Jackson wrote in his book The Crown and Canadian Federalism that this is part of a wider ignorance about Canadian civics and 391 while David Smith researched for his 1995 book The Invisible Crown he found it difficult to find anyone who could talk knowledgeably about the subject 392 Former Governor General Adrienne Clarkson said there is an abysmal lack of knowledge about the system 393 and Senator Lowell Murray wrote in 2003 The Crown has become irrelevant to most Canadians understanding of our system of Government which he attributed to the fault of successive generations of politicians of an educational system that has never given the institution due study and of past viceregal incumbents themselves 394 A nickel with the effigy of Elizabeth II on the reverse side of the coin Patricia Lake named for Princess Patricia of Connaught An Ontario vehicle licence plate showing the silhouette of the Crown It has been theorized the monarchy is so prevalent in Canada by way of all manner of symbols place names royal tours etc that Canadians fail to take note of it These comments were echoed by teacher and author Nathan Tidridge who asserted that beginning in the 1960s the role of the Crown disappeared from provincial education curricula as the general subject of civics came to receive less attention 366 He said Canadians are being educated to be illiterate ambivalent or even hostile toward our constitutional monarchy 391 The MLC agreed stating Canada has an educational system which unfortunately often fails to provide comprehensive knowledge of Canada s constitution 390 Michael Valpy also pointed to the fact that The crown s role in the machinery of Canada s constitutional monarchy rarely sees daylight Only a handful of times in our history has it been subjected to glaring sunshine unfortunately resulting in a black hole of public understanding as to how it works 395 He later iterated the public s attention span on the constitutional intricacies of the monarchy is clinically short 396 John Pepall argued in 1990 that a Liberal inspired republican misconception of the role of governor general had taken root though the Conservative government headed by Brian Mulroney exacerbated the matter 397 The position of prime minister has simultaneously undergone with encouragement from its occupants 397 what has been described as a presidentialization 398 399 to the point that its incumbents publicly outshine the actual head of state 400 401 Additionally it has been theorized the monarchy is so prevalent in Canada by way of all manner of symbols place names royal tours etc that Canadians fail to take note of it the monarchy functions like a tasteful wallpaper pattern in Canada enjoyable in an absent minded way but so ubiquitous as to be almost invisible 302 David S Donovan feels that Canadians mostly consider the monarch and her representatives as purely ceremonial and symbolic figures 402 It was argued by Alfred Neitsch that this undermined the Crown s legitimacy as a check and balance in the governmental system 403 a situation Helen Forsey daughter of Canadian constitutional expert Eugene Forsey said prime ministers take advantage of portraying themselves as the embodiment of popular democracy and the reserve powers of the Crown as illegitimate n 28 In the 2010s a growing interest in the Crown and its prerogatives was observed as evidenced by a burst of articles books and conferences This was attributed to the coincidental occurrence of publicly prominent events over a number of years including the 2008 prorogation dispute an increased use of royal symbols as directed by the Cabinet while headed by Stephen Harper including two consecutive royal tours court cases focusing on the Oath of Citizenship and increasingly active governors Smith and Philippe Lagasse noted in early 2016 that post secondary students were giving more focus to the subject of the Crown 392 Debate EditMain article Debate on the monarchy in Canada Further information Monarchism in Canada and Republicanism in Canada To date outside of academic circles there has been little national debate on the monarchy 404 The position of monarch in Canada is highly protected by the Constitution Act 1982 which mandates that any major constitutional amendment such as any change to the monarchy requires unanimous consent of the Senate the House of Commons and all ten provincial parliaments and treaties between the Crown and Indigenous peoples that play a role in entrenching the monarchy Canada has two special interest groups representing the debate who occasionally argue the issue in the media the Monarchist League of Canada MLC and Citizens for a Canadian Republic 405 406 There are also other organizations that support and advocate the monarchy such as the Institute for the Study of the Crown in Canada 407 the Canadian Royal Heritage Trust 408 the Friends of the Canadian Crown 409 Canadian Friends of the Royal Family 410 the Orange Order in Canada 411 and the United Empire Loyalists Association of Canada 412 Out of Canada s four most prominent political parties neither the Liberal Party nor the Conservative Party are officially in favour of abolishing the monarchy the Conservative Party cite support for constitutional monarchy as a founding principle in its policy declaration 413 and the New Democratic Party has no official position on the role of the Crown Only some members of parliament belonging to these parties and the leaders of the Bloc Quebecois have made any statements suggesting abolition of the monarchy 414 415 416 Opinion polls on the Canadian monarchy have been regularly conducted since the 1990s An analysis of these polls in 2008 highlighted an increased disaffection with the monarchy albeit with internal contradictions in specific polling results with some criticizing the polling question for using inconsistent and sometimes ambiguous wording 417 Both monarchists and republicans agree the populace s general lack of understanding about the monarchy affects opinions 390 418 The idea of a uniquely Canadian monarch 419 either one descended from the House of Windsor or coming from a First Nations royal house 45 420 421 422 has been proffered as an alternative Some Canadian monarchists have even suggested that all the Commonwealth realms should have their own resident monarchs 423 However there has been no popular or official support for such a change See also EditBC AB SK MB ON QC NB PE NS NL YT NT NU Monarchy by provinces List of monarchies Monarchies in the Americas Royal and viceroyal transport in Canada Royal eponyms in Canada States headed by Elizabeth II The Canadian Crown and Indigenous peoples of Canada The Canadian Crown and the Canadian Armed Forces Canada portal Monarchy portal Politics portalNotes Edit The date of the first establishment of monarchy in Canada varies some sources give the year as 1497 when John Cabot landed somewhere along the North American coast most likely Nova Scotia or Newfoundland claiming an undefined extent of land for King Henry VII g while others put it at 1534 when the colony of Canada was founded in the name of King Francis I h Although the exact date differs the fact that a monarchical form of governance has existed since the 16th century is in common agreement i The term was first coined by Governor General the Lord Grey in 1905 when he stated in a telegram to King Edward VII regarding the inauguration of Alberta and Saskatchewan into Confederation each one a new leaf in Your Majesty s Maple Crown 38 49 50 a b On a number of occasions the sovereign has carried out foreign relations as the representative uniquely of Canada such as the visits to the United States by King George VI in 1939 and Queen Elizabeth II in 1957 The English Court of Appeal ruled in 1982 while there is only one person who is the Sovereign within the British Commonwealth in matters of law and government the Queen of the United Kingdom for example is entirely independent and distinct from the Queen of Canada 53 In 1997 then Prime Minister of the United Kingdom Tony Blair intended to offer a life peerage to Canadian businessman Conrad Black However citing the 1919 Nickle Resolution the Canadian Cabinet advised the Queen not to grant Black such an honour If Blair had not yielded the Queen would have been in the situation of having to grant an honour on the advice of her British prime minister and to object to the same as Queen of Canada on the advice of then Canadian Prime Minister Jean Chretien For example Edward VIII was never crowned yet was undoubtedly king during his short time on the throne The only Canadian monarch to abdicate Edward VIII did so with the authorization of the Canadian government granted in His Majesty s Declaration of Abdication Act 1936 and the Succession to the Throne Act 1937 later confirmed this in law Gary Toffoli of the Canadian Royal Heritage Trust stated that the approval given by the Queen in her Canadian Council in 1981 to the marriage of Charles Prince of Wales and Lady Diana Spencer 89 separately to the same approval given by the Queen in her British Council illustrated the existence of the Royal Marriages Act in Canadian law 90 In 1947 the King in his Canadian Council gave the same consent to the marriage of Princess Elizabeth to Philip Mountbatten again separate from the approval he gave in his British Council 89 For example if a lawsuit is filed against the federal government the respondent is formally described as Her Majesty the Queen in Right of Canada or simply Regina 111 Likewise in a case in which a party sues both the province of Saskatchewan and the federal government the respondents would be formally called Her Majesty the Queen in Right of Saskatchewan and Her Majesty the Queen in Right of Canada 134 Illustrative of this arrangement is property transfers of this the Ontario Ministry of Natural Resources states When public land is required by the federal government or one of its departments or any provincial ministry the land itself is not transferred What is transferred is the responsibility to manage the lands on behalf of Her Majesty the Queen HMQ This is accomplished by an Order in Council or a Minister s Order which transfers management of land either from HMQ in right of Ontario to HMQ in right of Canada as represented by a department or to HMQ in right of Ontario as represented by another ministry The Crown does not transfer ownership to itself 135 The sovereign has been described by Eugene Forsey as the symbolic embodiment of the people not a particular group or interest or party but the people the whole people 66 his daughter Helen Forsey said of his opinion on the Crown For him the essence of the monarchy was its impartial representation of the common interests of the citizenry as a whole as opposed to those of any particular government 66 The Department of Canadian Heritage said the Crown serves as the personal symbol of allegiance unity and authority for all Canadians 54 139 a concept akin to that expressed by King Louis XIV l Etat c est moi or I am the state 140 Robertson Davies stated in 1994 the Crown is the consecrated spirit of Canada 141 and past Ontario chairman of the Monarchist League of Canada Gary Toffoli opined The Queen is the legal embodiment of the state at both the national and the provincial levels she is our sovereign and it is the role of the Queen recognized by the constitutional law of Canada to embody the state 142 As Peter Boyce put it The Crown as a concept cannot be disentangled from the person of the monarch but standard reference to the Crown extends well beyond the Queen s person 151 The Supreme Court found in the 1980 case Attorney General of Quebec v Labrecque that civil servants in Canada are not contracted by an abstraction called the state but rather they are employed by the monarch who enjoys a general capacity to contract in accordance with the rule of ordinary law 155 It is stated in the Rules amp Forms of the House of Commons of Canada that allegiance to the King means allegiance to the Country 158 See Responsibilities and Note 1 at Cabinet of Canada a b c Though the royal family represents other countries abroad as directed by their respective cabinets and typically the governor general will undertake state visits and other foreign duties on behalf of the Queen of Canada 144 238 239 members of the royal family will also take part in Canadian events overseas ag In 1970 Queen Elizabeth II the Duke of Edinburgh Prince Charles and Princess Anne undertook a tour of Northern Canada in part to demonstrate to an unconvinced American government and the Soviet Union that Canada had certain claim to its Arctic territories which were strategic during the Cold War 259 Former external affairs minister Mitchell Sharp commented on a situation wherein Elizabeth II was in Latin America to promote British goods at the same time a Canadian ministerial trip to the same area was underway to promote Canadian products Sharp stated We couldn t ask Her Majesty to perform the function she was performing for Britain on that Latin American trip because the Queen is never recognized as Queen of Canada except when she is in Canada 264 The Queen s participation in Canadian events overseas contradicts Sharp s statement however n 3 n 16 Such events include Troopings of the Colour inspections of the troops and anniversaries of key battles whenever the sovereign or a member of her family is in Ottawa they lay a wreath at the National War Memorial For instance while he never held the style His Royal Highness Angus Ogilvy was included in the Department of Canadian Heritage s royal family list but was not considered a member of the British royal family 295 Two Canadian citizens married into the royal family In 1988 Sylvana Jones nee Tomaselli in Placentia Newfoundland wed George Windsor Earl of St Andrews a great grandson of King George V and on 18 May 2008 Autumn Kelly originally from Montreal married Queen Elizabeth II s eldest grandson Peter Phillips 296 The latter couple has two children 14th and 15th in line to the throne who each hold dual Canadian and British citizenship 297 298 as do the three children of George Windsor though only the youngest Lady Amelia Windsor is in line to the throne currently 36th 299 More distantly Princes Boris and Hermann Friedrich of Leiningen great great great grandsons of Queen Victoria are also Canadian citizens As early as 1959 it was recognized that the Queen was equally at home in all her realms 305 By the 1960s loyal societies in Canada recognized the Queen s cousin Princess Alexandra The Honourable Lady Ogilvy as a Canadian princess 306 and at the time of the 2011 royal tour of Prince William Duke of Cambridge and Catherine Duchess of Cambridge both Michael Valpy writing for the CBC and The Globe and Mail referred to William as a prince of Canada 307 308 Princess Elizabeth Duchess of Edinburgh said in 1951 that when in Canada she was amongst fellow countrymen 64 309 When queen she in 1983 before departing the United States for Canada said I m going home to Canada tomorrow and 310 in 2005 said she agreed with the statement earlier made by her mother Queen Elizabeth that Canada felt like a home away from home 311 Similarly the Queen stated in 2010 in Nova Scotia it is very good to be home 312 Prince Edward Duke of Kent and Strathearn served as the Commander of British North American troops in Canada s Maritimes for nine years after 1791 mostly in Halifax 313 his granddaughter Princess Louise Marchioness of Lorne lived in Canada between 1878 and 1883 as viceregal consort 314 and her brother Prince Arthur Duke of Connaught and Strathearn resided in Canada first through 1870 as a member of the Canadian Militia defending Canada from the Fenian Raids 315 and then as governor general from 1911 until 1916 316 Later for six years beginning in 1940 Princess Alice Countess of Athlone a great grandchild of the Duke of Kent lived in Canada with her husband the Earl of Athlone himself a great grandchild of King George III 315 while he served as governor general 317 While the government houses are the King s official residences in Canada they are almost exclusively occupied by the sovereign s representative in each of those jurisdictions that have a government house or houses 116 327 For example when the Duke and Duchess of Sussex resided for a time on Vancouver Island as they were planning their future as members of the royal family the RCMP provided the couple s security However when the Sussexes decided to step down as senior members of the royal family the RCMP reassessed its provision of service In a briefing note to the then Minister of Public Safety Bill Blair the force noted the Sussex family s stay in Canada is of a private nature and to date there have been no official outings wherein the Duke and Duchess are representing the Queen There is no indication of either the Duke or Duchess participating in any official capacity for the Crown in 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