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{{Elizabeth II of the United Kingdom|Canada, Monarchy in}}
{{Elizabeth II of the United Kingdom|Canada, Monarchy in}}

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[[Category:Parliament of Canada]]
[[Category:Parliament of Canada]]
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Revision as of 23:21, 24 July 2007

File:Bigcancoat.png
The Arms of Her Majesty in Right of Canada, proclaimed by Queen Elizabeth II in 1994.

Template:Monarchy in Canada

Canada is a constitutional monarchy and a Commonwealth Realm, with Queen Elizabeth II as its reigning monarch since February 6, 1952. As such she is Canada's Sovereign and head of state and officially called Queen of Canada. The Canadian monarch, besides reigning in Canada, separately serves as head of state for each of fifteen other Commonwealth countries. This developed from the former colonial relationship of these countries to Britain, but they are now independent and the monarchy of each is legally distinct.

Most of the Queen's powers in Canada are exercised by the Governor General, presently Michaëlle Jean, though the Monarch does hold several powers that are hers alone. The Governor General is sometimes referred to as Canada's de facto head of state.[1]

The Queen is the only member of the Canadian Royal Family with any constitutional role; she, her husband, Prince Philip, Duke of Edinburgh, their son The Prince of Wales, and other members of the Royal Family, including the Queen's other children and cousins, undertake various public ceremonial functions across Canada and abroad.

The Canadian Crown is sometimes colloquially dubbed "the Maple Crown," a term first coined by Governor General Lord Grey in 1905, when he stated about his inauguration of Alberta and Saskatchewan in a telegram to King Edward VII "[each one] a new leaf in Your Majesty's Maple Crown."[2]

Origins

Her Majesty Queen Elizabeth II, Queen of Canada, wearing the Sovereign's insignia of the Order of Canada and the Order of Military Merit

The current Canadian monarchy can trace its ancestral lineage back to the Anglo-Saxon and Merovingian periods, and ultimately back to the kings of the Angles, the early Scottish kings, and the Frankish kingdom of Clovis I. Parts of the territories that today comprise Canada were claimed under King Francis I in 1534, while others were claimed by Queen Elizabeth I in 1583. Throughout the 18th century, via war and treaties, the Canadian colonies of France were ceded to King George III. The colonies were confederated by Queen Victoria in 1867 to form Canada as a kingdom in its own right,[3] and the country was proclaimed a fully independent, via constitutional patriation, by Queen Elizabeth II in 1982.

International and domestic aspects

Sixteen states within the 53-member Commonwealth of Nations are in a personal union relationship and are known as Commonwealth Realms.[4][5][6][7] Canada is one of these, therefore the Canadian Monarchy is part of one shared amongst former territories of the British Empire. Despite sharing the same person as their respective national monarch, each of the Commonwealth Realms is sovereign and independent of the others.[8]

See also: Commonwealth Realm: Constitutional implications

Development of shared monarchy

The Balfour Declaration of 1926 provided the dominions the right to be considered equal to Britain, rather than subordinate; an agreement that had the result of, in theory, a shared Crown that operates independently in each Realm rather than a unitary British Crown under which all the Dominions were secondary. The Monarchy thus ceased to be an exclusively British institution, although it has often been called "British" since this time (in both legal and common language) for reasons historical, legal, and of convenience. The Royal and Parliamentary Titles Act, 1927 was the first indication of this shift in law, further elaborated in the Statute of Westminster, 1931.

Under the Statute of Westminster, Canada has a common monarchy with Britain and the other Commonwealth Realms, and though laws governing the line of succession to the Canadian throne lie within the control of the Canadian Parliament, Canada cannot change the rules of succession without the unanimous consent of the other realms, unless explicitly leaving the shared monarchy relationship by means of a constitutional amendment. This situation applies symmetrically in all the other Realms, including the UK.[9]

On all matters of the Canadian State, the Monarch is advised solely by Canadian federal and provincial ministers. Effective with the Constitution Act, 1982, no British or other Realm government can advise the Monarch on any matters pertinent to Canada.[10]

Title

In Canada, the Queen's official title is:

  • In English: Elizabeth the Second, by the Grace of God, of the United Kingdom, Canada and Her other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith.
  • In French: Elizabeth Deux, par la grâce de Dieu, Reine du Royaume-Uni, du Canada et de ses autres royaumes et territoires, Chef du Commonwealth, Défenseur de la Foi.

This style communicates Canada's status as an independent monarchy, highlighting the Monarch's role specifically as Queen of Canada, as well as the shared aspect of the Crown throughout the Realms, by mentioning Canada separately from the United Kingdom and the other Commonwealth Realms. Typically, the Sovereign is styled "Queen of Canada," and is addressed as such when in Canada, or performing duties on behalf of Canada abroad.

Although the Queen's Canadian titles include "Defender of the Faith/Défenseur de la Foi," neither the Queen nor any of the Governors has any religious role in Canada; there have been no established churches in Canada since before confederation.

Finance

Contrary to common misconception, Canadians do not pay any money to the Queen, either for personal income or to support the royal residences outside of Canada. Only when the Queen is in Canada, or acting abroad as Queen of Canada, does any Canadian government support her in the performance of her duties. This rule applies equally to other members of the Royal Family.[11]

Provincial and federal records of expenditures associated with the Crown are kept, but no official report on the cost of the monarchy to Canadians is compiled. However, every three years the Monarchist League of Canada issues a survey, based on various federal and provincial government budgets, expenditures and estimates, that outlines a yearly cost for the functioning of the Crown. The 2005 survey found that the institution cost Canadians roughly $49 million in 2004.[12]

Previous surveys found that the overall cost of the Canadian Crown was $22 million in 1999[13] and $34 million in 2002.[11][14] (This does not take into account the inflation of the Canadian Dollar over these years).

Usually the Queen's Canadian governments pay only for the costs associated with the Governor General and Lieutenant Governors in their exercising of the powers of the Crown on behalf of the Queen, including travel, security, residences, offices, ceremonial occasions, etc.[11]

Succession

Charles, Prince of Wales, is the heir apparent to the Canadian Throne

The heir apparent is Elizabeth II's eldest son, Charles.[15] The Queen's Privy Council for Canada is expected to proclaim him King of Canada upon his accession to the Throne upon the demise of the Crown.

Succession to the throne is by male-preference primogeniture, and governed by the provisions of the Act of Settlement, as well as the English Bill of Rights. These documents, though originally passed by the Parliament of England, are now part of Canadian constitutional law, under control of the Canadian parliament only. As such, the rules for succession are not fixed, but may be changed by a constitutional amendment.

This legislation restricts the succession to the natural (i.e. non-adopted), legitimate descendants of Sophia, Electress of Hanover (1630–1714), a granddaughter of James I, and lays out the rules that the Monarch cannot be a Roman Catholic, nor married to one, and must be in communion with the Church of England upon ascending the throne, a provision that has led to a legal challenge. As Canada's laws governing succession are currently identical to those of the United Kingdom (by the Statute of Westminster) see Succession to the British Throne for more information.

Upon a "demise in the Crown" (the death of a Sovereign) his or her heir immediately and automatically succeeds, without any need for confirmation or further ceremony. (Hence arises the phrase "The King is dead. Long live the King!") Nevertheless, it is customary for the accession of the Sovereign to be publicly proclaimed by the Queen's Privy Council, that meets at Rideau Hall. After an appropriate period of mourning has passed, the Sovereign is also crowned in Westminster Abbey, normally by the Archbishop of Canterbury. A coronation is not necessary for a Sovereign to rule; for example, Edward VIII was never crowned, yet was undoubtedly king during his short reign.

After an individual ascends the Throne, he or she continues to reign until death. Monarchs are not allowed to unilaterally abdicate; the only Canadian monarch to abdicate, Edward VIII, did so with the authorization of a special Act of Canadian Parliament, the Succession to the Throne Act.

Constitutional role

File:EIIR-Canadian Parliament.jpg
Elizabeth II reads the Throne Speech in a joint session of the Canadian Parliament, 1977, accompanied by her husband, Prince Philip, Duke of Edinburgh.

Canada's constitution is made up of a variety of statutes and conventions that are either British or Canadian in origin, which gives Canada a similar parliamentary system of government as the other Commonwealth Realms. All powers of state are constitutionally reposed in the Monarch, who is represented at the federal level by the Governor General of Canada — appointed by the Monarch upon the advice of the Prime Minister of Canada — and at the provincial level by Lieutenant Governors — appointed by the Governor General upon the advice of the Prime Minister, usually in consultation with the relevant provincial premier;[16] the Monarch is informed of the Prime Minister's decision before the Governor General gives Royal Assent.[17] Most of the Queen's domestic duties are performed by these vice-regal representatives. As all executive authority is vested in the Sovereign, the institutions of government are said to act under her authority; hence, between the passage of the Statute of Westminster in 1931 to the mid-1970s the government was referred to as "Her Majesty's Government in Canada."[18] Since then, however, though the constitutional arrangements have not changed, the government is more often addressed as "The Government of Canada."

Constitutional duties

The role of the Queen and the Governor General is both legal and practical; the Crown is regarded as a corporation, in which several parts share the authority of the whole, with the Queen as the person at the centre of the constitutional construct.[19]

The vast powers that belong to the Crown are collectively known as the Royal Prerogative, which includes many powers such as the ability to make treaties or send ambassadors, as well as certain duties such as to defend the realm and to maintain the Queen's peace. Parliamentary approval is not required for the exercise of the Royal Prerogative; moreover, the Consent of the Crown must be obtained before either House may even debate a bill affecting the Sovereign's prerogatives or interests. It is important to note that the Royal Prerogative belongs to the Crown, and not to any of the ministers, though it may sometimes appear that way.[19] Although the Royal Prerogative is extensive, it is not unlimited. For example, the Monarch does not have the prerogative to impose and collect new taxes; such an action requires the authorization of an Act of Parliament.

The Crown is responsible for appointing a Prime Minister. In accordance with unwritten constitutional conventions, the Monarch or Governor General must appoint the individual most likely to maintain the support of the House of Commons: usually, the leader of the party which has a majority in that House. If no party has a majority, two or more groups may form a coalition, whose agreed leader is then appointed Prime Minister; such coalition governments are very rare in Canada. In a Parliament in which no party or coalition holds a majority, the Crown is required by convention to appoint the individual most likely to command the support of the House of Commons, usually, but not necessarily, the leader of the largest party. Thus, for example, Paul Martin remained Prime Minister for over a year after the 2004 election, even though his party did not command a majority in the Commons. Situations can arise in which the Governor General's judgement about the most suitable leader to be Prime Minister has to be brought into play.[20] The Queen is informed by the Governor General of the acceptance of the resignation of a prime minister and the swearing-in of a new prime minister and members of the Ministry.[20]

It is a duty of the Crown to also appointment and dismiss ministers, members of various executive agencies, other officials. The appointment of Lieutenant Governors, members of the Queen's Privy Council for Canada, Senators, the Speaker of the Senate, Supreme Court justices, and Superior and County Court judges in each province, also falls under the Royal Prerogative, though these duties are specifically assigned to the Governor General by the Constitution Act, 1867, save for the appointment of judges to the Courts of Probate in Nova Scotia and New Brunswick. Effectively, however, the appointees are chosen by the Prime Minister, or, for less important offices, by other ministers. The Lieutenant Governors are also specifically delegated to appoint under the Great Seal of the Province, the Attorney General, the Secretary and Registrar of the Province, the Treasurer of the Province, the Commissioner of Crown Lands, and the Commissioner of Agriculture and Public Works, and in the Case of Quebec the Solicitor General.

In addition, it is the Crown's prerogative to declare war, make peace, and direct the actions of the military, although the Prime Minister holds de facto decision-making power over the armed forces. The Royal Prerogative also extends to foreign affairs: the Sovereign or Governor General may negotiate and ratify treaties, alliances, and international agreements; no parliamentary approval is required. However, a treaty cannot alter the domestic laws of the Canada; an Act of Parliament is necessary in such cases. The Governor General, on behalf of the Queen, also accredits Canadian High Commissioners and ambassadors, and receives diplomats from foreign states. In addition, all Canadian passports are issued in the Monarch's name. In Canada major public inquiries are called Royal Commissions, and are created by the Cabinet on behalf of the Monarch through a Royal Warrant.

The Sovereign is one of the three components of Parliament; the others are the Senate and the House of Commons. The Constitution Act, 1867 also outlines that the Governor General alone is responsible for summoning the House of Commons, though it remains the Monarch's prerogative to prorogue, and dissolve Parliament. The new parliamentary session is marked by the State Opening of Parliament, during which either the Sovereign of the Governor General reads the Speech from the Throne in the Senate Chamber, outlining the Government's legislative agenda. Prorogation usually occurs about one year after a session begins, and formally concludes the session. Dissolution, the timing of which is affected by a variety of factors, ends a parliamentary term (which lasts a maximum of five years), and is followed by general elections for all seats in the House of Commons. The Monarch or Governor General may theoretically refuse a dissolution.

There are also a few duties which must be specifically performed by, or bills that require assent by the Queen. These include: signing the appointment papers of Governors General, the confirmation of awards of Canadian honours, and approving any change in her Canadian title.[21] On occasion the Monarch must personally act directly in partisan affairs. For example, this occurred when Queen Elizabeth II expanded the number of Senate seats to assure passage of the GST.

In the last example, the Queen performed this task on the advice of Prime Minister Brian Mulroney, illustrating that because the Canadian Monarchy is a constitutional one, the powers that are constitutionally the Monarch's are exercised almost wholly upon the advice of his or her Prime Minister and the Ministers of the Crown in Cabinet, who are, in turn, accountable to the democratically elected House of Commons, and through it, to the people. It has been said since the death of Queen Anne in 1714, the last monarch to head the British cabinet (when almost all of Canada was still French colonial territory), that the monarch "reigns" but does not "rule". In Canada, this has been true since the Treaty of Paris (1763) ended the reign of Canada's last absolute monarch, King Louis XV of France. This means that the Monarch's role, and thereby the Vice-regent's role, is almost entirely symbolic and cultural, acting as a symbol of the legal authority under which all governments and agencies operate.

In exceptional circumstances, however, the Monarch or vice-regal can act against such advice based upon his or her reserve powers[19] — as when Governor General Julian Byng refused a request by Prime Minister William Mackenzie King for a dissolution of Parliament and call for new elections, resulting in the King-Byng Affair. Also, Lieutenant Governor of Alberta, John C. Bowen, in 1937 refused to grant Royal Assent to three bills passed by William Aberhart's Social Credit government on the grounds that they were unconstitutional,[22] and Lieutenant Governor of Saskatchewan Frank Lindsay Bastedo refused Royal Assent to a bill in 1961.[23]

Provinces

File:May23 14-QE-Alb.jpg
The three main bodies of the provincial government of Alberta: The Queen of Canada (centre) with her vice-regal representative, the Lieutenant Governor of Alberta, Norman Kwong (left), and her Albertan premier, Ralph Klein (right), at the official celebrations of Alberta's centennary, May 23, 2005.

Across the country the Canadian Crown is unitary. Under this system the headship of state is not a part of either the federal or provincial jurisdictions. The Queen reigns impartially over the country as a whole; meaning the sovereignty of the provinces is passed on not by the Governor General or the Canadian Parliament, but through the Crown itself. This means that the Crown is "divided" into eleven legal jurisdictions; into eleven "crowns" - one federal and ten provincial.[24][25]

A Lieutenant Governor serves as the Queen's representative in each province, carrying out all the Monarch's constitutional and ceremonial duties of state on her behalf.

The Commissioners of Canada's territories of Nunavut, Yukon, and Northwest Territories are appointed by the Governor-in-Council, at the recommendation of the federal Minister of Indian Affairs and Northern Development. But as the territories are not sovereign entities, the commissioners are not representatives of the Sovereign. They receive instruction from the said Minister of Indian Affairs and Northern Development.

Legal role

All laws in Canada are enacted with the sovereign's, or the vice-regal's signature, though there is some debate[who?] over whether the monarch is constitutionally allowed to personally grant Royal Assent to provincial bills. Thus, all bills begin with the phrase "Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows."[26] The granting of a signature to a bill is known as Royal Assent; it and proclamation are required for all acts of Parliament and of the provincial legislatures, usually granted or withheld by the Governor General or Lieutenant-Governor, with the Great Seal of Canada, or the appropriate provincial seal. The Vice-regals may reserve a bill for the Monarch's pleasure, that is to say, allow the Monarch to make a personal decision on the bill. A Lieutenant Governor of a province may similarly defer to the Governor General (who may in turn defer to the Monarch). The Monarch has the power to disallow a bill (within a time limit specified by the Constitution). Recently activists opposed to Bill C-38 lobbied Queen Elizabeth II to disallow the legislation after it was passed by Parliament. However it received Royal Assent from The Right Honourable Beverley McLachlin, Deputy of the Governor General, on July 20, 2005. Territorial legislatures, unlike their provincial counterparts, are subject to the oversight of the Government of Canada.[27][28][29]

File:Canadian Supreme Court justices circa 1950.jpg
In the Supreme Court of Canada is displayed the Royal Arms of Canada.

The Sovereign is deemed the "fount of justice," and is responsible for rendering justice for all subjects. The Sovereign does not personally rule in judicial cases; instead, judicial functions are performed in his or her name. The common law holds that the Sovereign "can do no wrong"; the monarch cannot be prosecuted in his or her own courts for criminal offences. Civil lawsuits against the Crown in its public capacity (that is, lawsuits against the government) are permitted; however, lawsuits against the Monarch personally are not cognizable. In international cases, as a sovereign and under established principles of international law, the Queen of Canada is not subject to suit in foreign courts without her express consent.[18] The Sovereign, and by extension the Governor General, also exercises the "prerogative of mercy," and may pardon offences against the Crown. Pardons may be awarded before, during, or after a trial.

In Canada the legal personality of the State is referred to as "Her Majesty the Queen in Right of Canada", and likewise for the provinces and territories (i.e., "in Right of Ontario," etc.).[30] 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. The monarch as an individual takes no more role in such an affair than in any other business of government. For example, a case in which a party sues both a province and the federal government, the respondents would formally be called Her Majesty the Queen in Right of Saskatchewan and Her Majesty the Queen in Right of Canada.[31] In this capacity, all Crown copyright is held by the Queen, either in Right of Canada or a relevant province.[32]

In addition, the Monarch also serves as a symbol of the legitimacy of Courts of Justice, and of their judicial authority. An image of the Queen or the Arms of Her Majesty in Right of Canada is always displayed in Canadian courtrooms, except in the province of British Columbia where the Arms of Her Majesty in Right of the United Kingdom are displayed as a symbol of its judiciary[33] and in the Supreme Court of Newfoundland and Labrador, the Coat of Arms of the United Kingdom (the UK Government version of the arms) is displayed. [34] Itinerant judges will display an image of the Queen and the Canadian flag when holding a session away from established courtrooms. Such situations occur in parts of Canada where the stakeholders in a given court case are too isolated geographically to be able to travel for regular proceedings.

The oath of allegiance, is required by law to be sworn by new members of the Canadian Forces, police officers, and parliamentarians; it is an oath to the Monarch as Sovereign of Canada, and to his/her heirs and successors according to law. New citizens also give fealty to the Monarch in the Oath of Citizenship, as per the Citizenship Act.

Cultural role

Representation of the State

The Canadian Crown continues as a key element of our parliamentary democracy and an enduring symbol that represents all generations of Canadians and the best that is our country.[35]

The dedication of the National War Memorial in Ottawa by King George VI, as the personification of the state, and Queen Elizabeth, 1939.

At one time the Monarchy was considered a purely British institution, when most Canadians still continued to be both legally, and by personal view, British subjects. However, paralleling the changes in constitutional law, and the evolution of Canadian nationalism, the cultural role of the Monarchy in Canada altered.

The federal and provincial governments now recognize and promote the Queen's role as Monarch of Canada as separate to her position as Monarch of the United Kingdom.[36][37][38] Today the Sovereign is regarded as the personification of the Canadian state, and is described by the Department of Canadian Heritage as the "personal symbol of allegiance, unity and authority for all Canadians."[3] Elizabeth II stated in 1973:

"But it is as Queen of Canada that I am here, Queen of Canada and of all Canadians, not just of one or two ancestral strains. I want the Crown to be seen as a symbol of national sovereignty belonging to all. It is not only a link between Commonwealth nations, but between Canadian citizens of every national origin and ancestry."

From time to time the Sovereign or another member of the Royal Family will also represent Canada abroad. On these occasions they are acting as Sovereign of Canada and members of the Canadian Royal Family.

Two types of duties are regularly carry out in relation to Canada: Official duties involve the Sovereign representing the State at home or abroad, or other members representing the Sovereign in Canada or elsewhere. For example, the Queen, Prince Charles, and Princess Anne have participated in Canadian ceremonies for the anniversary of D-Day in France, most recently in 2004.[39] Presently, the Department of Canadian Heritage is responsible for organizing events wherein members of the Royal Family represent Canada.[40] Unofficial duties are performed by Royal Family members on behalf of Canadian organizations, through their attendance at charity events, visiting with members of the Canadian Forces as Colonel-in-Chief, or marking certain key anniversaries. The invitation and expenses associated with these undertakings are usually borne by the associated organization. Apart from Canada, the Queen and other members of the Royal Family regularly perform public duties in the other fifteen nations of the Commonwealth in which the Queen is Head of State (see, for example, List of Commonwealth visits made by Queen Elizabeth II). As the Crown within these countries is a legally separate entity from the Canadian Crown, it is funded in these countries individually, through the ordinary legislative budgeting process.

In 2002 members of the Royal Family were present at a total of 117 Canadian engagements, 57 events in 2003, 19 in 2004, and 76 in 2005.

Symbols

The Queen's Personal Canadian Flag
File:VictoriaCrossSilverDollarCanada.jpg
A 2006 Canadian silver dollar displaying the Victoria Cross and Queen of Canada, Elizabeth II.

Despite the removal or replacement of certain monarchical symbols as national symbols through the 1970s and 1980s, the Crown remains a visible part of the everyday lives of Canadians. What were formerly purely British symbols became symbols of the Monarch, or loyalty thereto.

The Monarchy is presently symbolized through images of the Sovereign on currency and in portraits in public buildings; in songs, toasts and salutes;[41][42] on Canadian decorations and honours; on provincial and national Coats of Arms. Certain key days are also reserved to celebrate the monarchy, notably Victoria Day, the holiday for celebrating the Sovereign's birthday,[43] and the day of the Royal Christmas Message, broadcast to the Commonwealth of Nations since 1932.

There are also hundreds of places named for Canadian monarchs and members of the Royal Family all across Canada. No individual has been more honoured than Queen Victoria in the names of Canada's public buildings, streets, populated places and physical features.[44]

Royal presence

Members of the Royal Family have been present in Canada since the late 1700s, either on military maneuvers, for official tours, or as governors; various members of the Royal Family have served as the vice-regal representative of the British, and later Canadian monarch. Though all of the Royal Family currently lives outside of the country, members are still regular visitors, enough so that on occasion royal visits to Canada are also referred to by monarchists as "Royal Homecomings." These events are often marked with a variety of ceremonies, the granting of honours and general celebrations, even though these events are not always official holidays.

The Queen regularly undertakes tours of Canada to celebrate Canadian culture, milestone anniversaries, military remembrances, and the like. Other Royals will perform the same tasks in the Queen's place, from time to time, usually on a less grand scale or for events of a lesser importance. These tours are at the invitation of, organized, and paid for by the Canadian government, provincial government, or a combination of both; hence, they are called "official tours" or "official visits."[45]

History

Francis I of France; established colonies in Acadia and Canada, 1534

The first French and British colonizers of Canada interpreted the hereditary nature of some indigenous North American chieftainships as a form of monarchy, often referring to these leaders as kings and their lands as kingdoms.[46] There is also evidence that the aboriginals had an understanding of monarchy, most notably in the legend of the Kingdom of Saguenay, and tales of "wealthy kingdoms in the north" told by Iroquoians to Jacques Cartier in 1534.[47][48]

Canada has been the territory of a monarchy, or a monarchy in its own right, since the establishment of New France. Territory of the French Crown was merged with the North American colonies under the British Crown with the Treaty of Paris in 1763. In 1867, Canada became a self-governing Dominion under the British Crown (originally intended to be named the Kingdom of Canada), and, from that date to the patriation of the Canadian constitution in 1982, Canada developed into a kingdom in its own right. Thus, kings and queens reigning over Canada have included the monarchs of France (from Francis I in 1534 to Louis XV in 1763), those of the UK (from Anne of Great Britain in 1713 to King George VI in 1952), to Queen Elizabeth II as Queen of Canada today.

Canada's emergence as a sovereign constitutional monarchy, with a Crown separate to that of the United Kingdom, was demonstrated in the abdication of King Edward VIII in 1936; when Canada had to pass its own Succession to the Throne Act, that effected changes to the rules of succession in Canada so that they matched those within the other Realms of the British Empire.[49] A few years later Canada's new status was again demonstrated when King George VI and Queen Elizabeth travelled from Canada into the United States as King and Queen of Canada.[50] The Constitution Act of 1982 entrenched the monarchy in Canada. Any change to the position of the monarch or the monarch's representatives in Canada now requires the consent of the Senate, the House of Commons, and the legislative assemblies of all the provinces.

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 Canadian Monarchy came into question. Some references to the Monarch and the Monarchy were slowly removed from the public eye, and moves were made by the government to constitutionally alter the Monarchy's place and role in Canada. Eight of the ten premiers of the provinces were opposed to these proposals.[51]

In 1999, it was revealed that the federal government was considering the idea of changing Canada to a republic. When this information was leaked to the media and public, there was some negative reaction, and even denial by the Prime Minister. A survey of the provincial premiers at the time showed only one in favour of such a move.[52]

Canadian Royal Family

File:Roy-fam-canada.jpg
The Canadian Royal Family gathers in Lac-Brome, Quebec, 1976 (left to right: the Duke of Edinburgh, Princess Anne (now Princess Royal), Mark Phillips, Prince Edward (now Earl of Wessex), the Queen, Prince Andrew (now Duke of York) and the Prince of Wales)

The Canadian Royal Family is a group of people closely related to the Canadian Monarch; it is a non-resident royal family, as those who comprise the group live in the United Kingdom. Members of the family perform ceremonial and social duties but, aside from the monarch, have no role in the affairs of government. Those on the list carry the style His or Her Majesty (HM), His or Her Royal Highness (HRH), or sometimes The Right Honourable; in French: Sa Majesté (SM), Son Altesse Royale (SAR), and Le très honorable.

The concept of the Canadian Royal Family did not emerge until after the passage of the Statute of Westminster in 1931. Though the Act came into effect during the reign of King George V, Canadian officials only began to overtly consider putting the principles of Canada's new status as an independent kingdom, with a Crown separate to that of the UK, into effect during the late 1930s.[53] At first, the monarch was the only member of the Royal Family to carry out duties solely on the advice of Canadian ministers; King Edward VIII became the first to do so when he dedicated the Vimy Memorial in July, 1936 - one of his few duties performed during his short reign as King of Canada.[54] Over the decades, however, the Monarch's children, grandchildren, cousins, and their respective spouses began to perform functions at the direction of the Canadian government, representing the Monarch within Canada or abroad.

Despite the Royal Family having particularly served Canada since the 1930s, it was only in October, 2002, when the term "Canadian Royal Family" was used publicly and officially by a member of it: in a speech given 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."[55] The Canadian media often still refers to the Royal Family as the "British Royal Family."[56][57]

Composition

Queen Elizabeth II is the head of the Canadian Royal Family; those in the direct line of succession owe their allegiance to her specifically as the Queen of Canada,[58] and, according to the Department of National Defence, members of the family who bear the title Royal Highness are subjects of the Canadian Monarch.[59] They are entitled to Canadian consular assistance and to the protection of the Queen's Armed Forces of Canada when they are outside of the Commonwealth Realms, and in need of protection or aid.[58] Their position as subjects but not citizens of Canada is reflected in the confusion that arises around the awarding of honours to members of the Royal Family; for example, the Order of Canada bestowed upon the Queen Mother was only honorary, though the Canadian Forces Decoration awarded to her was not.[60][61]

Because of the shared nature of the Canadian Crown, wherein it is recognized as legally separate from the UK Crown, most members of the Canadian Royal Family are also members of the British Royal Family, and are thus also members of the House of Windsor. There are some exceptions, however; for instance Angus Ogilvy was included in the Department of Canadian Heritage Royal Family list,[62] whereas he was not considered a member of the British Royal Family. It has been stated by the Canadian Royal Heritage Trust that Prince Edward, Duke of Kent, due to his having lived in Canada between 1791 and 1800, and his being father of Queen Victoria, is "the ancestor of the modern Canadian Royal Family."[63]

Canadian poet George Elliott Clarke has publicly opined on a fully First Nations royal family, asking "why can't a truly Canadian royal family be Aboriginal or Métis? I think the project... would do wonders for national identity and national unity."[64] However, this would contravene the important convention laid out in the preamble to the Statute of Westminster (a part of the Canadian Constitution).

According to former Minister of Canadian Heritage Sheila Copps, the Canadian federal government refers to an official list of Royal Family members for matters of honours. Divorced spouses of the Monarch's descendants are removed from this list, as was the case with Diana, Princess of Wales.[65] As well, the official website of the Department of Canadian Heritage "Canadian Monarchy" section provides a list of Royal Family members, but has not been updated in several years, to take into account the deaths of Princess Alice, Duchess of Gloucester (2004) and Angus Ogilvy (2004); or the marriage of the Prince of Wales to Camilla Parker-Bowles (2005), nor does it include the grandchildren of the Queen.

The existence of a Canadian royal family has been contested by some, mostly in the small Canadian republican movement. However, Lieutenant Governor of British Columbia Iona Campagnolo has also stated she feels Canada does not "really have a royal family."[66]

See also: List of Members

Styles

Unlike in the United Kingdom, in Canada the Sovereign is the only member of the Royal Family who has a title established through Canadian law. Though it would be possible for other members of the Royal Family to be granted distinctly Canadian titles (as is the case for the Duke of Rothesay in Scotland), they are only accorded the use of a courtesy title, which is the title they have been granted via Letters Patent in the United Kingdom.

Popularity

The popularity of the Royal Family with Canadians, as well as individual members of it, 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. Some recent poll results follow:

  • An EKOS Poll conducted in May, 2002, concluded that 35% of Canadians found the Royal Family boring, 52% saw them as interesting, with 12% stating neither. 44% said they were irrelevant, 46% said the opposite, and 8% said neither. 59% saw the Royal Family as tired, 22% deemed them vibrant, and 17% put them at neither.[67]
  • A March, 2005, Decima Research Poll found some interesting support levels for members of the Royal Family. 71% of Canadians had a favourable impression of the Royal Family. Only 20% had an unfavourable impression of the Royal Family. The poll found that 28% of Canadians saw the Queen as their favourite member of the Royal Family, Prince William was second with 26%, Prince Harry was third with 9%, Prince Charles was fourth with 6% and Prince Philip last with 2% support.

Residences

File:Rideau Hall04.JPG
Rideau Hall is the Monarch's principal Canadian residence, occupied by the Governor General.

The Sovereign's primary official residence is Rideau Hall in the city of Ottawa. Rideau Hall is the site of most state banquets, investitures, swearing-in of ministers, and other ceremonies. Moreover, visiting heads of state usually reside at Rideau Hall. Another principal residence is La Citadelle, in Quebec City, and is used principally as retreat for the Governor General. The provinces of British Columbia, Saskatchewan, Manitoba, Nova Scotia, New Brunswick and Prince Edward Island also maintain residences, used primarily by the respective Lieutenant-Governor, though the Monarch or other members of the Royal Family will reside there when in the province.

The aforementioned residences belong to the Crown; they are held in trust for future rulers, and cannot be sold by the Monarch. However, monarchs have owned certain homes in a private capacity: King Edward VIII owned Bedingfield Ranch, near Pekisko, High River, Alberta.

The Crown and the First Nations

The Canadian Crown has a long relationship with the First Nations, Inuit, and Métis peoples of Canada. As with the Māori and the Treaty of Waitangi in New Zealand, Canada's First Nations view their treaties as being agreements directly between them and the Crown, not with the ever-changing government of Canada. The Royal Proclamation of 1763 remains an important document, mentioned in the Canadian Charter of Rights and Freedoms, outlining the Canadian Crown's responsibility to protect First Nations' territories.[68][69]

Over the centuries there have been literal and symbolic gestures to demonstrate the "nation-to-nation" relationship, from the commemoration by Queen Anne of the "Four Mohawk Kings" in 1710,[70] to Queen Elizabeth II donating a piece of Balmoral granite engraved with the ciphers of Queen Victoria and herself to the First Nations University of Canada in 2005.[71]

The Crown and the Canadian Forces

The Crown holds a prominent place within the Canadian Forces. The Queen is the Commander-in-Chief of the entire Forces, though the Governor General holds this title and exercises the duties on behalf of the Sovereign.[72] The Queen is also the Honorary Commissioner of the Royal Canadian Mounted Police.[73]

The Sovereign's position and role in the military is reflected by Canadian naval vessels bearing the prefix Her Majesty's Canadian Ship (HMCS) (subsequently His Majesty's Canadian Ship during the reign of a king), and all members of the armed forces must swear allegiance to the Queen and her heirs and successors. Members of the Royal Family are also Colonel-in-Chief of many Canadian regiments.

Further information: List of Canadian Organizations with royal patronage — Military

Members of the Canadian Royal Family have presided over many military ceremonies both abroad and at home, including Trooping the Colours, 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.

Organizations with royal association

Organizations under Royal Charter

A Royal Charter is granted by the Monarch on the advice of the Queen's Privy Council for Canada which creates or gives special status to an incorporated body. This is an exercise of the Royal Prerogative, and, in Canada, there are hundreds of organizations under Royal Charters. Such organizations include charities, businesses, colleges, universities, and cities. Today, it is mostly charities and professional institutions who receive Royal Charters.

Examples of organizations under Royal Charter are Hudson's Bay Company, founded by Royal Charter issued by King Charles II in 1670;[74] Saint John, New Brunswick, receiving its charter in 1786 from King George III;[75] and McGill University, which received a Royal Charter from King George IV in 1821.

File:UCC-duke.jpg
The Queen's consort Prince Philip, Duke of Edinburgh speaks with UCC First Football team members at the Upper Canada College's 150th anniversary celebrations, 1979

Canadian Organizations with Royal Patronage

Until modern industrial times, all development of the Sciences and the Arts were under the direct control of the Monarch, exercised by the foundation of colleges that today form the basis of modern Universities. The endowments to provide for these colleges were provided by the Crown to further education in both ecclesiastical and secular matters.

As time progressed, the educated members of these organizations formed into groups to lecture, demonstrate and debate their various subjects. These groups either sought Royal Patronage or were created as memorials for the predecessors of the reigning monarch. Other colleges and foundations have been endowed by the owners of the great landed estates and, in later times, by industrialists and finally modern corporate bodies. However, even in present times, relatively new organizations still seek Royal Patronage, though it is a ceremonial function wherein the royal will either volunteer their time for service or make a charitable donation. To receive Royal Patronage, an organization must prove to be long lasting.

Awards and charities

A number of awards in Canada are issued in the name of previous or present members of the Royal Family. These include:

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. These include:

  • The Victorian Order of Nurses was a gift to Queen Victoria for her Diamond Jubilee in 1897
  • The Canadian Cancer Fund was set up in honour of King George V's Silver Jubilee in 1935
  • The Queen Elizabeth II Fund to Aid in Research on the Diseases of Children
  • The Queen Elizabeth II Trust Fund to assist young Canadians in better understanding each other's language and culture was established during Queen Elizabeth's Silver Jubilee in 1977[citation needed]

Debate

To date, there has been little national debate about ending the Monarchy in Canada, in contrast to some other Commonwealth Realms where the issue has gained a relatively higher profile. Many Canadians continue to be unaware that the Queen serves as their legal Head of State; a 2002 EKOS poll found that only five percent of Canadians could correctly identify Elizabeth II as Canada's Head of State (the majority believing it to be the Prime Minister).[76]

Where debate does exist, it tends to be a largely academic one, and several books have been written that explore the subject from a political science perspective. Neither of Canada's two main political parties, the Liberal Party of Canada or the Conservative Party of Canada, are officially in favour of abolishing the Monarchy; though the latter makes support for constitutional monarchy a founding principle in its Policy Declaration.[77] The New Democratic Party has officially stated it is willing to "explore" the issue[citation needed], but in practice the party is not actively pro-republic and largely supports the status quo. Unlike other Commonwealth Realms, Canada has never had a head of government who has been openly republican. Some politicians, having pledged allegiance to the Queen, have occasionally publicly voiced their opinion on the matter, following former-Deputy Prime Minister John Manley's 2002 statement that he was in favour of abolishing the monarchy - later stating that it was his personal opinion.

The one province that has shown significant republican sentiment is French-speaking Quebec. The Parti Québécois has at times expressed hostility to the institution of the monarchy. However, as it views Quebec sovereignty as a more pressing concern, it has recently tended to decline comment on the issue, arguing that it is a concern of the Canadian federal government.

Canada has two special-interest groups representing both sides of the debate, who frequently argue the issue in the media: Monarchist League of Canada and the Citizens for a Canadian Republic.

See also

Other Realms: Monarchy

Other Realms: Royal Family

Canada

Other

External links

Official sites from the Canadian government

Other external links

Footnotes

  1. ^ Governor General: Role
  2. ^ Grey Papers; Grey to Edward VII; 4 March and 1 Sept. 1905
  3. ^ a b Template:PDFlink
  4. ^ Zines, The High Court and the Constitution, 4th ed. (1997) at 314: "The Queen as monarch of the United Kingdom, Canada, Australia and New Zealand is in a position resembling that of the King of Scotland and of England between 1603 and 1707 when two independent countries had a common sovereign"; the relationship between England and Scotland during those years is described as a personal union.
  5. ^ P. E. Corbett (1940). "The Status of the British Commonwealth in International Law". The University of Toronto Law Journal. 3. {{cite journal}}: Text "pages 348-359" ignored (help); Unknown parameter |Number= ignored (|number= suggested) (help)
  6. ^ F. R. Scott (January 1944). "The End of Dominion Status". The American Journal of International Law. 38 (1): 34–49.
  7. ^ R v Foreign Secretary; Ex parte Indian Association, QB 892 at 928; as referenced in High Court of Australia: Sue v Hill [1999 HCA 30; 23 June 1999; S179/1998 and B49/1998]
  8. ^ 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." R v Foreign Secretary; Ex parte Indian Association, QB 892 at 928; as referenced in High Court of Australia: Sue v Hill [1999 HCA 30; 23 June 1999; S179/1998 and B49/1998]
  9. ^ Justice Rouleau in a 2003 court ruling wrote that "Union under the... Crown together with other Commonwealth countries [is a] constitutional principle." O’Donohue v. Canada, 2003 CanLII 41404 (ON S.C.)
  10. ^ In 1997, British Prime Minister Tony Blair intended to offer a Life Peerage to Canadian businessman Conrad Black. Citing the 1919 Nickle Resolution, the Canadian government advised the Queen that they have objected to such honours for many years. If Blair had not backed down, the Queen would have been in the situation of having to grant an honour on the advice of the Prime Minister of the United Kingdom, and to object to the same as Queen of Canada on the advice of then Prime Minister of Canada Jean Chrétien. The problem was resolved when Black renounced his Canadian citizenship. Canada raised no further objections and he was granted his peerage, becoming Lord Black of Crossharbour.
  11. ^ a b c The Cost of Canada's Constitutional Monarchy: $1.10 per Canadian
  12. ^ Template:PDFlink
  13. ^ The Cost of Canada's Constitutional Monarchy: 74 Cents per Canadian
  14. ^ The Constantian Society. The Constantian Society's detailed comparison of the costs of monarchies versus republics.
  15. ^ Department of Canadian Heritage: Prince of Wales Royal Visit
  16. ^ McCullough, John; Interview with Lieutenant Governor Iona Campagnolo; April 23, 2004
  17. ^ Forsey, Eugene; How Canadians Govern Themselves; Parliament of Canada
  18. ^ a b Documents on Canadian External Relations: Chapter VIII: Relations with the United States; Part III
  19. ^ a b c Cox, Noel; Murdoch University Electronic Journal of Law: Black v Chrétien: Suing a Minister of the Crown for Abuse of Power, Misfeasance in Public Office and Negligence; Volume 9, Number 3 (September 2002)
  20. ^ a b Governor General of Canada: The Swearing in of a new Ministry
  21. ^ Speech by Governor General Roland Michener, Nov. 19, 1970
  22. ^ The Citizen's Guide to the Alberta Legislature Part I: The Foundation
  23. ^ Monarchy in Saskatchewan
  24. ^ Jackson, Michael; Canadian Monarchist News: Golden Jubilee and Provincial Crown; Spring, 2003
  25. ^ Jackson, Michael; Canadian Monarchist News: Golden Jubilee and Provincial Crown; Spring, 2003
  26. ^ Bill C43: An Act to provide for consultations with electors on their preferences for appointments to the Senate
  27. ^ Department of Justice Canada: Northwest Territories Act; 1985
  28. ^ Department of Justice Canada: Yukon Act; 2000
  29. ^ Department of Justice Canada: Nunavut Act; 1993
  30. ^ Memorandum for Understanding of Cooperation on Addressing Climate Change; May 21, 2004
  31. ^ Lac La Ronge Indian Band vs. HER MAJESTY THE QUEEN In Right of Canada, and HER MAJESTY THE QUEEN in Right of the Province of Saskatchewan; Q. B. No. 2655 of 1987
  32. ^ Natural Resources Canada: Map of Canada
  33. ^ Courts of British Columbia
  34. ^ http://www.court.nl.ca/supreme/default.htm
  35. ^ Canadian Heritage: 2005 Royal Visit: The Queen and Canada: 53 Years of Growing Together
  36. ^ Canada: a Constitutional Monarchy
  37. ^ Biography: Her Majesty Queen Elizabeth II Queen of Canada
  38. ^ Saskatchewan Government Relations: The Crown in Canada
  39. ^ Canadian Heritage: Timeline: The Queen
  40. ^ Canada Post; Canada's Stamp Details: Queen Elizabeth: 1926-2006; Vol. XV No 1; January to March 2006
  41. ^ Department of National Defence: The Honours, Flags and Heritage Structure of the Canadian Forces; pg. 404
  42. ^ Department of National Defence: The Honours, Flags and Heritage Structure of the Canadian Forces; pg. 449-450
  43. ^ Heritage Canada: Victoria Day
  44. ^ The Canadian Encyclopedia:Victoria
  45. ^ Buckingham Palace: Guidelines and Procedures for the Acceptance, Classification, Retention and Disposal of Gifts to Members of the Royal Family
  46. ^ The Four Indian Kings
  47. ^ Canada: History
  48. ^ Ferguson, Will; The Lost Kingdom; Macleans, October 27, 2003
  49. ^ O'Donohue v. Her Majesty The Queen in Right of Canada
  50. ^ The Royal Tour of 1939
  51. ^ Dr. Stephen Phillips; Republicanism in Canada in the reign of Elizabeth II: the dog that didn't bark
  52. ^ Premiers Nix Monarchy Abolition: "NOT A GOVERNMENT PROJECT AT THIS POINT"
  53. ^ Galbraith, William; Canadian Parliamentary Review: Fiftieth Anniversary of the 1939 Royal Visit; Vol. 12, No. 3, 1989
  54. ^ Veterans Affairs Canada: VAC Canada Remembers: The Battle of Vimy Ridge - Fast Facts
  55. ^ Text of The Queen's address to the Legislative Assembly in Nunavut, Canada, 4 October 2002
  56. ^ Peter; Toronto Star: Queen rules for city critics; December 20, 2006
  57. ^ Canadian Press; Winnipeg Sun: Royal wedding details emerge; April 11, 2005
  58. ^ a b Noonan, Peter C.; The Crown and Constitutional Law in Canada; Sripnoon Publications, Calgary; 1998
  59. ^ Department of National Defence: The Honours, Flags and Heritage Structure of the Canadian Forces; pg 281
  60. ^ Queen Mother appointed to Order of Canada
  61. ^ Commemoration Service for Her Majesty Queen Elizabeth The Queen Mother,C.C.
  62. ^ Department of Canadian Heritage: Royal Family
  63. ^ [http://www.crht.ca/DiscoverMonarchyFiles/ArmedForces.html Toffoli, Gary; The Royal Family and the Armed Forces; Canadian Royal Heritage Trust
  64. ^ Lingley, Scott; University of Alberta Senate: Clarke calls on grads to help achieve the ideals of Canada; June 7, 2005
  65. ^ Copps, Sheila; Toronto Sun: PM should ignore flag bureaucrats; April 26, 2006
  66. ^ McCullough, John; Interview with Lieutenant Governor Iona Campagnolo; April 23, 2004
  67. ^ EKOS: Trust and the Monarchy: and examination of the shifting public attitudes toward government and institutions; May 30, 2002
  68. ^ A Historical Analysis of Early Nation to Nation Relations in Canada and New Zealand:The Royal Proclamation of 1763, the Treaty of Niagara and The Treaty of Waitangi
  69. ^ Fundamental Treaty Principals
  70. ^ Tyendinaga Mohawk Territory
  71. ^ Monchuk, Judy; The Globe and Mail: Natives decry 'token' presence for Queen's visit; May 11, 2005
  72. ^ Governor General of Canada: Commander in Chief of the Canadian Forces
  73. ^ Land Forces: H.M. Elizabeth II Queen of Great Britain and Northern Ireland
  74. ^ Department of Canadian Heritage: Test your royal skills
  75. ^ Canada's Cities: Unleash our Potential
  76. ^ Eskos poll
  77. ^ Conservative Party of Canada Policy Declaration


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