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104-692: The society was created by Ludger Duvernay , a journalist for La Minerve in Lower Canada. It evolved from the Société Aide-toi et le ciel t'aidera ("help yourself and heaven will help you"), which was founded by Duvernay on March 8, 1834. Most notably, it made the 24th of June St. John the Baptist day, the national day of the Quebecers . In 1922, June 24 became a public holiday in Quebec, and since 1977 it has been

208-588: A prime minister to thereafter head the Cabinet —a committee of the Privy Council charged with advising the Crown on the exercise of the royal prerogative. The monarch is informed by his viceroy of the swearing-in and resignation of prime ministers and other members of the ministry, remains fully briefed through regular communications from his Canadian ministers, and holds audience with them whenever possible. By convention,

312-459: A 24-hour news mode. As funerals for Canada's sovereigns, as well as for their consorts, take place in the United Kingdom, commemoration services are conducted by the federal and provincial governments across Canada. Such ceremonies may also be held for other recently deceased members of the royal family. The day of the sovereign's funeral is likely to be a federal holiday. The new monarch

416-661: A British order-in-council, as the monarch has, since then, assumed the Canadian throne according to Canadian law. For the accession of Charles III, the first since the creation of the Canadian Heraldic Authority in 1989, the Chief Herald read the royal proclamation aloud. If Parliament is in session, the Prime Minister will announce the demise of the Crown there and move for a joint address of sympathy and loyalty to

520-704: A Canadian event taking place abroad, the Canadian secretary to the King , officers of the Royal Canadian Mounted Police (RCMP), 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. 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

624-532: 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

728-470: 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 ." Ted McWhinney , another constitutional scholar, argued that

832-404: A constitutional crisis and ensure that normal democratic discourse can resume. Consequently, the Crown performs two functions: as a unifying symbol and a protector of democratic rights and freedoms, "tightly woven into the fabric of the Canadian constitution." At the same time, a number of freedoms granted by the constitution to all other Canadians are denied to, or limited for, the monarch and

936-439: A corresponding succession of French and British sovereigns reigning over New France and British America , respectively. As a result of the conquest of New France , claims by French monarchs were extinguished and what became British North America came under the hegemony of the British monarchy which ultimately evolved into the Canadian monarchy of today. With the exception of Newfoundland from 1649 to 1660 , no part of what

1040-616: A line of succession symmetrical to those of other Commonwealth realms. The ruling was upheld by the Quebec Court of Appeal . The Supreme Court of Canada declined to hear an appeal in April 2020. 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

1144-542: A maple leaf at the center (in the white part) in 1888. Since 1902 the Carillon flag , created by Elfège Filatreau , became established gradually. It will be, in a slightly modified form, adopted as the flag of Quebec in 1948. Although similar societies also existed in other parts of British North America or the United States , the societies of Lower Canada were created in a different context. The Saint-Jean-Baptiste Society

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1248-521: A natural person" and its actions as a natural person are, as with the actions of any natural person, subject to judicial review. Further, it was determined in R. v Secretary of State for Health the ex parte C that, "as a matter of capacity, no doubt, [the Crown] has power to do whatever a private person can do. But, as an organ of government, it can only exercise those powers for the public benefit, and for identifiably 'governmental' purposes within limits set by

1352-554: A representative of the monarch developed with a rise in Canadian nationalism following the end of the First World War culminating in the passage of the Statute of Westminster in 1931. Since then, the 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, including the United Kingdom. Only Canadian federal ministers of

1456-525: A symbol of national sovereignty . It is closely modelled after the royal coat of arms of the United Kingdom , with French and distinctive Canadian elements replacing or added to those derived from the British version, which was employed in Canada before the granting of the Canadian arms in 1921. The royal standard is the monarch's official flag, which depicts the royal arms in banner form . It takes precedence above all other flags in Canada—including

1560-461: A then-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. However, Ian Holloway, Dean of Law at

1664-568: Is crowned in the United Kingdom in an ancient ritual but one not necessary for a sovereign to reign. 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. In some provinces, though, those holding Crown offices must swear the Oath to the new sovereign. All references in federal legislation to previous monarchs, whether in

1768-497: Is certain that before long all of America must be republican." They were released after much public support and condemnation of the arrests. He was arrested by the authorities on four separate occasions. On April 5, 1836, he fought in a duel with Clément-Charles Sabrevois de Bleury , which ended with him being shot in the right knee . On June 9, 1834, Duvernay founded the Association Saint-Jean-Baptiste (today,

1872-404: 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 . Upon a change of government, the seal is temporarily returned to the governor general and then "lent" to the next incoming registrar general. The Crown is the pinnacle of

1976-483: Is illustrated in a number of ways: The sovereign, for example, holds a unique Canadian title and, 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 , and the like, as well as Canadian Forces aircraft or other Canadian-owned vehicles for travel. Once in Canadian airspace, or arrived at

2080-678: Is necessary. The federal cabinet and civil service follow the Manual of Official Procedure of the Government of Canada in carrying out various formalities around the transition. By custom, the accession of a new monarch is publicly proclaimed by the governor general- in-council , who meet at Rideau Hall immediately upon the previous monarch's death. Since the adoption of the Statute of Westminster it has been considered "constitutionally inappropriate" for Canada's accession proclamations to be approved by

2184-487: 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 . There are, though, cases where the sovereign or their representative would have a duty to act directly and independently under

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2288-511: Is now Canada has been a republic or part of a republic; though, there have been isolated calls for the country to become one. The Crown, however, is considered to be "entrenched" into the governmental framework. The institution that is Canada's system of constitutional monarchy is sometimes colloquially referred to as the Maple Crown or Crown of Maples , Canada having developed a "recognizably Canadian brand of monarchy". Though not part of

2392-426: Is separate and legally distinct. 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 in the United Kingdom and, while several powers are

2496-467: 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. The current monarch is King Charles III , who has reigned since 8 September 2022. Although the sovereign is shared with 14 other independent countries within the Commonwealth of Nations , each country's monarchy

2600-440: Is to ensure that the political process remains intact and is allowed to function." The Great Seal of Canada "signifies the power and authority of the Crown flowing from the sovereign to [the] parliamentary government" and is applied to state documents such as royal proclamations and letters patent commissioning Cabinet ministers, senators, judges, and other senior government officials. The "lending" of royal authority to Cabinet

2704-466: Is vested in the sovereign, so the monarch's consent is necessary for letters patent and orders-in-council to have legal effect. As well, the monarch is part of the Parliament of Canada, so royal assent is required to allow for bills to become law. While the power for these acts stems from the Canadian people through the constitutional conventions of democracy, executive authority remains vested in

2808-746: 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

2912-719: The Parti patriote and Louis-Joseph Papineau in the years leading up to the Lower Canada Rebellion . Duvernay was one of several journalists imprisoned early in 1832 for criticizing the non-elected legislative council that represented the interests of the Château Clique . Duvernay, editor of La Minerve and Daniel Tracey , another editor of the English language The Vindicator newspaper were arrested for libel and imprisoned together for 40 days for writing articles that said that "it

3016-600: The Act of Settlement was a part of the law in each Dominion. Thus, Order-in-Council P.C. 3144 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. The latter

3120-468: The Canadian Armed 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 . The government of Canada —formally termed His Majesty's Government —is defined by the constitution as the King acting on

3224-481: The Letters Patent, 1947 , as justification for describing the governor general as head of state. However, the document makes no such distinction, nor does it effect an abdication of the sovereign's powers in favour of the viceroy, as it only allows the governor general to "act on the Queen's behalf". D. Michael Jackson, former Chief of Protocol of Saskatchewan, argued that Rideau Hall had been attempting to "recast"

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3328-619: 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". 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." Upon dismissing appeal of that case,

3432-571: The Société Saint-Jean-Baptiste and designated June 24 a day of celebration of Canadien history and culture. The society was previously known as the Société Aide-toi et le ciel t'aidera ("help yourself and Heaven will help you"), founded by Duvernay on March 8, 1834. Duvernay was briefly a member of the Legislative Assembly of Lower Canada representing Lachenaie in 1837. When on November 16 Governor Gosford issued warrants for

3536-545: 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." 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

3640-543: The advice of his Privy Council; what is technically known as the King-in-Council , or sometimes the Governor-in-Council , 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. One of the main duties of the Crown is to "ensure that a democratically elected government is always in place," which means appointing

3744-456: The doctrine of necessity to prevent genuinely unconstitutional acts. 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". 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 . Canada has been described as "one of

3848-622: The head of the Commonwealth ), religious (the words by the grace of God in the monarch's title , the Act of Settlement, 1701 , requiring the sovereign to be Anglican, and the monarch encouraging people "to tolerate, accept, and understand cultures, beliefs, and faiths different from our own"), and the welfare and service monarchy (seen in members of the royal family founding charities and supporting others, fundraising for charity, and giving royal patronage to civil and military organizations ). As in

3952-435: The headship of state being a part of all equally. The Crown thus links the various governments into a federal state, while it is simultaneously also "divided" into 11 legal jurisdictions, or 11 "crowns"—one federal and 10 provincial —with the monarch taking on a distinct legal persona in each. As such, the constitution instructs that any change to the position of the monarch or his or her representatives in Canada requires

4056-419: The national flag and those of the other members of the royal family —and is typically flown from buildings, vessels, and vehicles in which the sovereign is present (although exceptions have been made for its use when the monarch is not in attendance). The royal standard is never flown at half-mast because there is always a sovereign: when one dies, his or her successor becomes the sovereign instantly. Elements of

4160-640: The national holiday of Quebec. On his death in Montreal in 1852, 10,000 people attended his funeral. Duvernay was interred in the Cimetière Notre-Dame-des-Neiges . Monarchy of Canada The monarchy of Canada is Canada's form of government embodied by the Canadian sovereign and head of state . It is one of the key components of Canadian sovereignty and sits at the core of Canada's constitutional federal structure and Westminster-style parliamentary democracy . The monarchy

4264-553: The national holiday . In the 1830s, Lower Canadians of British and (French) Canadian origin founded various charitable and social societies. On December 19, 1834, the English of Lower Canada established the Saint George's Society of Montreal, and the Saint George's Society of Quebec on October 12, 1835. The Irish of Lower Canada founded the St. Patrick's Society of Montreal on March 17, 1834. The (French) Canadians established what would become

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4368-513: The reserve powers ), thereby allowing the monarch to make sure "the government conducts itself in compliance with the constitution"; he and the viceroys being guarantors of the government's constitutional, as opposed to democratic, legitimacy and must ensure the continuity of such. 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,

4472-499: The royal prerogative , leading the populace to be considered subjects of the Crown. However, as the sovereign's power stems from the people 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 —the executive , legislative , and judicial —acting under

4576-556: The "King's two bodies"—the body natural (subject to infirmity and death) and the body politic (which never dies). The Crown and the monarch are "conceptually divisible but legally indivisible [...] The office cannot exist without the office-holder", so, even in private, the monarch is always "on duty". The terms the state , the Crown , the Crown in Right of Canada , His Majesty the King in Right of Canada ( French : Sa Majesté le Roi du chef du Canada ), and similar are all synonymous and

4680-540: The 2011 Perth Agreement , 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, the Canadian Parliament passed the Succession to the Throne Act, 2013 , which gave the country's assent to the Succession to the Crown Bill , at that time proceeding in the Parliament of the United Kingdom. In dismissing

4784-538: The British notion of the supremacy of parliament —of which the monarch is a part—and it was carried into each of the provinces upon the implementation of responsible government . That, however, was superseded when the Charter of Rights and Freedoms (within the Constitution Act, 1982 ) introduced into Canada the American idea of the supremacy of the law . Still, the King remains the sovereign of Canada. Canada's monarchy

4888-464: The Cabinet ruling "in trust" for the monarch. 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 and the royal and viceroyal figures may unilaterally use these powers in exceptional constitutional crisis situations (an exercise of

4992-499: The Canadian monarchy, either past or present, Canada has an even older tradition of hereditary chieftainship in some First Nations , which has been likened to non-sovereign monarchy and today exists in parallel with the Canadian Crown and individual band governments . All three entities are components of the nation-to-nation relationship between the Crown and First Nations in upholding treaty rights and obligations developed over

5096-406: 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." Leslie Zines claimed in the 1991 publication, Constitutional Change in the Commonwealth , that, though the succession to Canada's throne

5200-534: 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". 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 ,

5304-428: 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". Thus, within Canada's constitutional monarchy the sovereign's direct participation in any of these areas of governance

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5408-485: The Crown may advise the sovereign on any and all matters of the Canadian state, of which the sovereign, when not in Canada, is kept abreast by weekly communications with the federal viceroy. The monarchy thus ceased to be an exclusively British institution and, in Canada, became a Canadian, or "domesticated", establishment, though it is still often denoted as "British" in both legal and common language, for reasons historical, political, and of convenience. This division

5512-795: The King or any other member of the royal family, either towards personal income or to support royal residences outside of Canada. There are five aspects to the monarchy of Canada: constitutional (such as the use of the royal prerogative in summoning and dissolving parliament, granting royal assent ), national (delivering the Speech from the Throne and the Royal Christmas Message , distributing honours, decorations, and medals, and partaking in Remembrance Day ceremonies), international (the monarch being head of state in other Commonwealth realms, and being

5616-522: The Perth Agreement rather than judicially through the courts." Canada has no laws allowing for a regency , should the sovereign be a minor or debilitated; 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, as the Canadian Cabinet had not requested otherwise when the act

5720-405: The Queen as head of state, 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). The Arms of His Majesty the King in Right of Canada is the arms of dominion of the Canadian monarch and, thus, equally the official coat of arms of Canada and

5824-608: The Saint-Jean-Baptiste Society on June 24, 1834. The Scots of Lower Canada founded the Saint Andrew's Society of Montreal on February 6, 1835. The German Society of Montreal was also established in 1835. At its foundation, the Saint-Jean-Baptiste Society used the Lower-Canada patriot flag . At the end of the 19th century, recognizing that the custom had become established, it adopted the tricolor flag of France with

5928-603: The Société nationale de fiducie. In 1899, it created the Caisse nationale d'économie and contributed to the Chambre de Commerce de Montréal. The society has also created many organizations to assist in its mission—notably La Fondation du Prêt d'Honneur (1944) and the Fondation J.-Donat-Langelier (1988). The Saint-Jean-Baptiste Society had a motto, a flag, an emblem and a patriotic goal. The motto

6032-436: The arrest of 26 patriot leaders, Duvernay was on the list. He had however been warned that his arrest was imminent and fled in time to Burlington, Vermont . He returned to Montreal in 1842 to resume publication of a more moderate La Minerve, which was at first sympathetic to Louis-Hippolyte Lafontaine and then later, George-Étienne Cartier . In 1922, June 24 became a public holiday in Quebec, and since 1977 it has been

6136-410: The assertion with de facto or effective ; Franks has hence recommended that the governor general be named officially as the head of state. Still others view the role of head of state as being shared by both the sovereign and his viceroys. Since 1927, governors general have been received on state visits abroad as though they were heads of state. Officials at Rideau Hall have attempted to use

6240-408: The centuries. The monarch is shared in a personal union with 14 other Commonwealth realms within the 56-member Commonwealth of Nations . As he resides in the United Kingdom, viceroys (the governor general of Canada in the federal sphere and a lieutenant governor in each province) represent the sovereign in Canada and are able to carry out most of the royal governmental duties, even when

6344-539: The consent of the Senate , the House of Commons , and the legislative assemblies of all the provinces. The Crown, being shared and balanced, provides the bedrock upon which all of Canada's different regions and peoples can live together peacefully and was said by David E. Smith, in 2017, to be the "keystone of the constitutional architecture" of Canada. The Crown is located beyond politics, existing to give authority to and protect

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6448-466: The constitution and system of governance. Power, therefore, rests with an institution that "functions to safeguard it on behalf of all its citizens", rather than any singular individual. The sovereign and his representatives typically "act by 'not acting'" —holding power, but, not exercising it—both because they are unelected figures and to maintain their neutrality, "deliberately, insistently, and resolutely", in case they have to be an impartial arbiter in

6552-428: The content of these communications and meetings remains confidential so as to protect the impartiality of the monarch and his representative. The appropriateness and viability of this tradition in an age of social media has been questioned. In the construct of constitutional monarchy and responsible government , the ministerial advice tendered is typically binding, meaning the monarch reigns but does not rule ,

6656-408: The country as "the very centre of [Canada's] constitution and democracy." Although Canada is a federation, the Canadian monarchy is unitary throughout all jurisdictions in the country, 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

6760-632: The eve of Saint-Jean-Baptiste Day ; though the petition was rejected by Howard Graham , the Queen's Canadian Secretary at the time. During the 20th century, the Saint-Jean-Baptiste Society focused its action in Quebec and it is now a proponent of the independence of Quebec from Canada. Despite the timid position on the Canadian Royal Family they once held, in 2009 the Saint-Jean-Baptiste Society and Réseau de Résistance du Québécois (RRQ) mounted demonstrations and threw eggs at Canadian soldiers during

6864-509: The federal Crown is immune from provincial law. Constitutional convention has also held that the Crown in right of each province is outside the jurisdiction of the courts in other provinces. This view, however, has been questioned. Lieutenant governors do not enjoy the same immunity as the sovereign in matters not relating to the powers of the viceregal office, as decided in the case of former Lieutenant Governor of Quebec Lise Thibault , who had been accused of misappropriating public funds. As

6968-498: The federal governor-in-council, at the recommendation of the minister of Crown–Indigenous relations , 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. It has been held since 1918 that

7072-443: The federalist symmetry". This has been regarded as both a natural evolution and as a dishonest effort to alter the constitution without public scrutiny. 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

7176-691: 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

7280-472: The governor general as head of state since the 1970s and doing so preempted both the Queen and all of the lieutenant governors. 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) and Governor General Adrienne Clarkson to accord herself precedence before the Queen at a national occasion, but also constitutional issues by "unbalancing [...]

7384-406: The governor general has the ability to remove themselves and appoint their viceregal successor in the monarch's name. While Lagassé argued that appears to be the case, both the Canadian Manual of Official Procedures , published in 1968, and the Privy Council Office took the opposite opinion. Lagassé and Patrick Baud claimed changes could be made to regulations to allow a governor general to appoint

7488-407: The head of state, while the governor general and lieutenant governors are all only representatives of, and thus equally subordinate to, that figure. Some governors general, their staff, government publications, and constitutional scholars like Ted McWhinney and C.E.S. Franks have, however, referred to the position of governor general as that of Canada's head of state; though, sometimes qualifying

7592-439: The law." Similarly, use of the royal prerogative is justiciable, though, only when the "subject matter affects the rights or legitimate expectations of an individual". 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

7696-435: 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, 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. Sir Maurice Gwyer , first parliamentary counsel in the UK, reflected this position, stating

7800-427: The living embodiment of the Crown , the sovereign is regarded as the personification of the Canadian state and is meant to represent all Canadians, regardless of political affiliation. As such, he, along with his or her viceregal representatives, must "remain strictly neutral in political terms". The person of the reigning sovereign thus holds two distinct personas in constant coexistence, an ancient theory of

7904-439: 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. This is because, in common law, the Crown never dies . After an individual accedes to the throne, he or she usually continues to reign until death. The relationship between the Commonwealth realms is such that any change to the rules of succession to their respective crowns requires

8008-467: The monarch is in the country Nevertheless, the monarch can carry out Canadian constitutional and ceremonial duties abroad. The evolution of the role of the governor general from being both a representative of the sovereign and an "agent of the British government" who " in matters deemed to be of 'imperial' concern... acted on the instructions of the British Colonial Office " to being solely

8112-469: The monarch's legal personality is sometimes referred to simply as Canada . 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, 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, wherein he or she promises to govern

8216-413: The motion to be seconded by the leader of the official opposition . The prime minister will then move to adjourn Parliament. 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

8320-428: The new monarch. A period of mourning also follows, during which portraits of the recently deceased monarch are draped with black fabric and staff at government houses wear 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

8424-428: The next governor general; Christopher McCreery, however, criticised the theory, arguing it is impractical to suggest that a governor general would remove him or herself on ministerial advice, with the consequence that, if a prolonged regency occurred, it would remove one of the checks and balances in the constitution. The intent expressed whenever the matter of regency came up among Commonwealth realm heads of government

8528-499: The oldest continuing monarchies in the world" of today. Parts of what is now Canada have been under a monarchy since as early as the 15th century as a result of colonial settlement and often competing claims made on territory in the name of the English (and later British) and French crowns. Monarchical government has developed as the result of colonization by French and British empires competing for territory in North America and

8632-504: The only large group wishing to see Canada become an independent country from the British Empire . The Saint-Jean-Baptiste Society was an expression of this desire in all its activities. The group, however, was not anti-royalist; for instance, the society's President in 1959 requested, with the support of the Mayor of Quebec City, that Elizabeth II , Canada's queen , light the main bonfire on

8736-405: The other Commonwealth realms , the current heir apparent to the Canadian throne is William, Prince of Wales , who is followed in the line of succession by his eldest child, Prince George . Upon the death of the monarch, there is an immediate and automatic succession by the late sovereign's heir; hence the phrase, " the King is dead. Long live the King ". No confirmation or further ceremony

8840-426: The other senior members of the royal family: freedom of religion, freedom of expression, freedom to travel, freedom to choose a career, freedom to marry, and freedom of privacy and family life. While the Crown is empowered by statute and the royal prerogative , it also enjoys inherent powers not granted by either. The Court of Appeal of British Columbia ruled in 1997 that "the Crown has the capacities and powers of

8944-402: The people of Canada "according to their respective laws and customs". 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, the sovereign is regarded by official government sources, judges, constitutional scholars, and pollsters as

9048-535: The rest of Quebec. The society awards a number of prizes for various achievements. Ludger Duvernay Ludger Duvernay (January 22, 1799 – November 28, 1852), born in Verchères, Quebec , was a printer by profession and published a number of newspapers including the Gazette des Trois-Rivières , the first newspaper in Lower Canada outside of Quebec City and Montreal, and also La Minerve , which supported

9152-473: The royal arms have also been incorporated into the governor general's flag ; similarly, the flags of the lieutenant governors employ the shields of the relevant provincial coat of arms. Canada's constitution is based on the Westminster parliamentary model , wherein the role of the King is both legal and practical, but not political. The sovereign is vested with all the powers of state, collectively known as

9256-400: 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." Canada, with the other Commonwealth realms, committed to

9360-413: 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." In the same meeting, Deputy Attorney General Barry Strayer stated: "Clause 52(2) is not an exhaustive definition of

9464-579: The song eventually became the national anthem of Canada in 1980), and are now seen as inimical to the ideas of the SSJB and many Quebec nationalists . The society had local branches in all the major French-Canadian communities in Quebec, the other Canadian provinces, and the United States. It has however changed considerably over time. When it was created, the French-speaking inhabitants of Canada constituted

9568-573: The sovereign of Canada (sometimes representing other realms on the same visit): The origins of Canadian sovereignty lie in the early 17th century, during which time the monarch in England fought with parliament there over who had ultimate authority, culminating in the Glorious Revolution in 1688 and the subsequent Bill of Rights, 1689 , which, as mentioned elsewhere in this article, is today part of Canadian constitutional law. This brought to Canada

9672-461: 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 . In each of Canada's provinces , the monarchy 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. All executive authority

9776-403: The sovereign's authority, 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 . The monarchy has thus been described as the underlying principle of Canada's institutional unity and the monarch as a "guardian of constitutional freedoms" whose "job

9880-604: The throne; this prohibition has been upheld twice by Canadian courts, once in 2003 and again in 2014. Legal scholar Christopher Cornell of the SMU Dedman School of Law concluded "that the prohibition on the Canadian Monarch being Catholic, while discriminatory, is perfectly-if not fundamentally-constitutional" and that if the prohibition is "to be changed or removed it will have to be accomplished politically and legislatively through another multilateral agreement similar to

9984-578: 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 . King Edward VIII abdicated in 1936 and any possible future descendants of his were excluded from the line of succession. The British government at the time, wishing for speed so as to avoid embarrassing debate in Dominion parliaments, suggested that

10088-702: The visit of Prince Charles and Camilla, Duchess of Cornwall , to the Black Watch Regiment in Montreal, on Remembrance Day , requiring the intervention of riot police. There are 14 sections of the Société Saint-Jean-Baptiste de Montréal in the Greater Montreal Area. The societies are tied to the Mouvement national des Québécoises et des Québécois (MNQ), which also counts 14 affiliated Saint-Jean-Baptiste societies or sociétés nationales in

10192-524: Was "Our institutions, our language and our rights." Initially, the society adopted the maple leaf as its emblem, and its Quebec City branch was the first promoter of the song " O Canada " as a symbol of the French-Canadian nation, together with the Carillon Sacré-Coeur flag. The leaf and anthem have since been appropriated by English Canada as national Canadian symbols (a bilingual version of

10296-406: Was deemed by the Cabinet in 1947 to be part of Canadian law. 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". Furthermore, in O'Donohue v. Canada (2003)

10400-408: 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. Placing such power, along with legislative power, with the tangible, living Queen, rather than the abstract and inanimate Crown, was a deliberate choice by the framers of the constitution. Still, the Crown is the foundation of

10504-581: Was established to promote French-Canadian interests within Canada and to preserve the French language and culture, as well as the Roman Catholic religion. It has been active in social, cultural, educational, political, and economic spheres. The society was instrumental in the creation of the École des Beaux-Arts de Montréal , the École des Hautes Études Commerciales de Montréal , the Monument-National , and

10608-466: 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." 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

10712-470: Was passed that year and again in 1943 and 1953. As the Letters Patent, 1947 , 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. This has led to the question of whether

10816-402: Was that the relevant parliament (other than the United Kingdom's) would pass a bill if the need for a regency arose and the pertinent governor-general would already be empowered to grant royal assent to it. The governor general appointing their successor is not a power that has been utilized to date. The following state and official visits to foreign countries have been made by the monarch as

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