Canadian monarchy
| Queen of Canada | |
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| Royal Coat of Arms of Canada | |
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| Standard of the Queen | |
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Reigning Queen Elizabeth II since February 6, 1952 |
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| Official seat | Rideau Hall |
| Term of office | for lifetime |
| Creation of office | July 1, 1867 |
| Coronation through | Archbishop of Canterbury |
| Final coronation | June 2, 1953 |
| Salutation | Your Majesty |
| Crown Prince | Charles, Prince of Wales |
| website | www.canadiancrown.gc.ca |
The Canadian monarchy is a parliamentary system of government in which a hereditary monarch is the sovereign of Canada and holds the role of head of state . Head of state has been Queen Elizabeth II since February 6, 1952 , who is officially referred to as Queen of Canada ( English Queen of Canada, French Reine du Canada ). You and other members of the British royal family hold various official functions in Canada and represent the country in other states.
Most of the sovereign rights in Canada are exercised by the Governor General (currently Julie Payette ), but the monarch has certain rights that he exercises himself. In all ten provinces of the country the monarch is represented by a lieutenant governor , but not in the three territories. The Canadian monarchy developed out of colonial relations with the United Kingdom , but is now legally independent from the British monarchy . 16 states, including Canada, are linked within the Commonwealth of Nations in personal union and are known as Commonwealth Realms .
Demarcation from the British monarchy
The 1926 Balfour Declaration gave the Dominions the right to regard themselves as equals and not subordinates to the United Kingdom. This resulted in a “divided crown” that is legally independent in each Commonwealth Realm , instead of the previous undivided British crown to which all Dominions were subject. As a result, the monarchy was no longer an exclusively British institution. This change in meaning was first visible in the Royal and Parliamentary Titles Act 1927 and further clarified in the 1931 Statute of Westminster .
The constitutional provisions regarding succession to the throne in the Canadian monarchy are under the control of the Canadian Parliament . However, by adopting the Statute of Westminster, it has agreed not to change the succession regime without the unanimous approval of the other Commonwealth Realms. This regulation applies equally to all other participating states, including the United Kingdom. However, there is no constitutional requirement that the Canadian monarch must be the same person as the British monarch. Thus, should the United Kingdom break the preamble to the Westminster Statute and change the succession of the British throne without the consent of Canada, that change would have no effect on the ruling monarch of Canada or his heirs and successors.
title
In Canada, Queen Elizabeth II's title is as follows:
- 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.
- French:
Élisabeth 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.
German translation: "Elizabeth the Second, by God's grace Queen of the United Kingdom, Canada and your other kingdoms and territories, head of the Commonwealth, defender of the faith ."
This title underscores the country's status as an independent kingdom by naming Canada. He also highlights the role of the sovereign as the monarch of Canada and the division of the crown among the Commonwealth Realms. Usually, the sovereign is referred to as the “King of Canada” and is addressed as such when he is in the country or when he or she appears abroad on behalf of Canada. The title also includes the phrase "Defender of the Faith", although neither the monarch nor their governors exercise any religious function in Canada (Canada has no state church).
Succession to the throne
Crown Prince is the eldest son of Elizabeth II, Charles, Prince of Wales . Since 2015, the succession to the throne has followed the primogeniture regardless of gender ; previously, male descendants were preferred to female; However, the new regulation only applies to potential heirs to the throne born after October 28, 2011. The monarch must belong to the Church of England . Furthermore, he may not have married without the consent of the monarch if he was in one of the first six places in the line of succession at the time of the marriage; all descendants from a marriage that has not been properly concluded are also excluded from the line of succession.
The succession to the throne corresponds to the provisions of the Bill of Rights of 1689 and the Act of Settlement of 1701, as fundamentally changed by the Succession to the Crown Act 2013 (Perth Agreement) . These laws were originally enacted for the Kingdom of England and the United Kingdom, respectively, but have become part of Canadian constitutional law through adoption. They limit the succession to the throne to the legitimate descendants of Sophie von der Pfalz . The regulation, according to which the monarch may not be married to a person of Catholic denomination, was repealed by the Perth Agreement . In Canada, the regulation was challenged in 2003 (O'Donohue v. Canada) because a large part of the Canadian population is Catholic and is thus discriminated against, but the Supreme Court of the Province of Ontario dismissed the lawsuit.
After the death or abdication of the monarch, the heir immediately succeeds, without the need for confirmation or further ceremony. However, it is required that the Governor General proclaim the new sovereign publicly on behalf of the Canadian Privy Council . Governors, state officials, parliamentarians and officers are required to take a new oath of allegiance. The only Canadian monarch to abdicate was King Edward VIII in 1936. He was only allowed to do so with the express permission of the Canadian government; this was confirmed by parliament a year later by passing a law.
Constitutional role
The Canadian monarch is the head of state and sovereign of the country. At the federal level it is represented by the governor-general , at the provincial level by the vice-governors . The former is appointed by the monarch on the recommendation of the prime minister, the latter by the governor-general (usually also taking the advice of the head of government of the respective province). Before the governor general gives his approval, he informs the monarch. Both governor general and lieutenant governor have the rank of viceroy . Since all executive power is transferred to the monarch, the institutions of the state act on his behalf. For this reason the government is formally referred to as " Her Majesty's Government in Canada ". The constitution stipulates that any change in the role of the monarch or his deputy requires the approval of the Senate , House of Commons, and parliaments of all provinces.
Rights and obligations
The power of the monarch is theoretically very extensive. He can conclude international agreements and send ambassadors. The consent of Parliament is not required for the exercise of these sovereign rights. Both chambers even have to ask for the approval of the crown before they can even discuss a law that affects the sovereign rights or the interests of the sovereign. However, sovereign rights are not unlimited. For example, the monarch may not raise or collect new taxes without the express permission of Parliament.
The Crown appoints the Prime Minister who advises the Monarch and the Governor General on how to exercise their executive powers. In accordance with unwritten constitutional law, the monarch and governor-general must appoint the head of government who is the chairman of the party that holds the most seats in the lower house. The governor general informs the monarch of the acceptance of the resignation of a prime minister and the swearing-in of the new head of government and his cabinet.
In theory, the crown has the right to appoint and dismiss ministers. The appointment of lieutenant governors , members of the Privy Council , senators , the speaker of the Senate, judges of the Supreme Court and judges in the courts in the provinces are also part of the sovereign rights. These functions are carried out by the Governor General in accordance with the Constitutional Law of 1867 . In practice, however, only those candidates are appointed who have been proposed by the Prime Minister and - at lower levels - by other ministers. At the provincial level, the vice-governors also make appointments on the advice of the provincial governments.
The sovereign rights also include declarations of war, peace agreements and commanding the armed forces. But here, too, the prime minister de facto makes the decisions. The monarch or the governor general can intervene in foreign policy by negotiating and ratifying treaties, alliances and international agreements. Parliament's approval is not required for this. However, such an approach must not result in any changes in the law. On behalf of the monarch, the governor general appoints ambassadors and receives foreign diplomats. Important investigative commissions are known as the Royal Commission and are set up by the cabinet on behalf of the monarch.
The head of state is one of three components of the Canadian parliament ; the other two are the Senate and the House of Commons . The constitutional law of 1867 stipulates that the governor general alone can convene the lower house. However, it is the right of the monarch to dissolve parliament prematurely or to extend the legislative period. The opening of parliament marks the beginning of a new parliamentary session, during which the monarch or the governor-general gives the speech from the throne in the Senate Chamber and announces the government's program. After the dissolution of parliament, the governor general orders new elections.
There are also individual tasks that must be expressly carried out by the monarch, and laws that require his personal consent. This includes signing governor-general nomination papers, confirming awards from Canadian medals, and making any changes to his title. The monarch rarely has to intervene directly in daily politics. In 1990, on the advice of Prime Minister Brian Mulroney , Queen Elizabeth II ordered an increase in the number of senators in order to ensure the adoption of VAT.
Only in exceptional circumstances will the monarch and his deputy expressly oppose the advice of the prime minister. At the federal level, this happened for the last time in 1926, when Julian Byng did not obey the order of Prime Minister William Lyon Mackenzie King and refused to dissolve parliament, which led to the King Byng affair . At the provincial level, John Campbell Bowen , lieutenant governor of Alberta , refused to approve three laws of the William Aberhart government in 1937 because of constitutional concerns .
Provinces
The Canadian monarchy has a federal structure. This means that the monarch is not only the head of state for all of Canada, but also for all ten provinces. The Canadian crown is "divided" into eleven legal entities with equal rights. The sovereignty of the provinces is therefore not derived from the federal state, but directly from the monarch himself. The fathers of the Confederation chose this system, which is unique in the Commonwealth Realms, as a bulwark against the potential fragmentation of the country. Any constitutional amendment that changes the role of the crown in the provinces requires the unanimous approval of all provincial parliaments and the federal parliament (instead of the usual two-thirds majority).
A lieutenant governor serves as the representative of the monarch in each province and fulfills all constitutional and ceremonial obligations on his behalf. He is appointed by the governor general on the advice of the prime minister, in consultation with the head of government of the respective province. The commissioners of the three federal territories ( Nunavut , Yukon and Northwest Territories ) have a similar function. They are also appointed by the Governor General, but on the advice of the Secretary of the Department of Indian Affairs and Northern Development . Since the territories are not sovereign legal entities, the commissioners do not represent the sovereign but the state. They will receive their instructions from the above-mentioned minister.
Legal role
All laws in Canada are made in the name of the monarch. The following words, the so-called disposition formula, always form part of a law passed by parliament: "Her Majesty therefore now passes the following in the name and with the consent of the Senate and the House of Commons of Canada." (Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows.) Before a decision at federal or provincial level can become law , the consent of the monarch , known as the Royal Assent, is required, which is given by the Governor General with the Great Seal granted by Canada or by the lieutenant governors with the appropriate provincial seal. The governor general can forward a bill to the monarch for further consideration, a lieutenant governor to the governor general. The monarch has the right to reject a bill within a certain period of time, but this happens extremely rarely. New laws in the territories are subject to review by the federal government.
The monarch is also referred to as the fount of justice ("source of justice") and is theoretically responsible for judging all subjects. Since the monarch cannot be present in person in court cases, all legal activities are carried out on his behalf. The common law says that the monarch can do no wrong (can do no wrong) and, consequently, in the event of a crime can not be sued in its own name. Civil actions against the monarch in his public function (i.e. against the government) are permitted. Lawsuits against the monarch as a private person, on the other hand, cannot be brought in court. The monarch or the governor general also exercises the “sovereign right of mercy” (prerogative of mercy) and can pardon offenses against the crown. Pardons can be given before, during or after a court case, but usually only according to the advice of ministers.
The crown has a long-standing relationship with the Aboriginal people of Canada, the First Nations , Inuit, and Métis . Similar to the Māori with the Treaty of Waitangi in New Zealand , the Canadians view their treaties as direct agreements between them and the crown and not with the ever-changing federal government. The Royal Proclamation of 1763 established that the First Nations were autonomous political entities and affirmed their land rights. The proclamation is still an important document today and forms part of the Canadian Charter of Rights and Freedoms of 1982. It obliges the Crown to protect the territories of the First Nations and to maintain bilateral relations “from nation to nation”.
Finances
Canadian taxpayers do not pay for the monarch's personal income or for the upkeep of royal residences outside the country. Only when the monarch is in Canada or abroad as a representative of Canada does he receive financial support from state funds for the performance of his duties. This also applies to other members of the royal family . The Canadian government typically pays only those expenses incurred by the governor general and lieutenant governors in their duties. This includes travel, security, residences, offices, and ceremonies.
The federal government and the provinces keep records of the expenses incurred in connection with the crown, but these are not published centrally. For this reason, the Monarchist League of Canada conducts an investigation every three years, which examines the federal and provincial state budgets more closely for such expenditure. The 2005 study found a cost of $ 49 million for the previous year .
Residences
The residence of the Canadian monarch and the governor general is Rideau Hall in the capital Ottawa . Most of the state banquets, investitures, swearing-in ceremonies and other ceremonies take place there. In addition, visiting heads of state live here. Another residence is in the Québec Citadel , which serves as the Governor General's retreat. The provinces of British Columbia , Saskatchewan , Manitoba , Nova Scotia , New Brunswick and Prince Edward Island have their own residences that are used by the lieutenant governors, but are also used by the monarch and other members of the royal family when they are guests. All residences are owned by the Crown and cannot be sold.
Monarchists and republicans
In contrast to other Commonwealth Realms , Canada has hardly ever had a national debate about replacing the monarchy with a republican form of government. Many Canadians are not even aware that they have a monarch as head of state. A survey by the polling institute EKOS showed in 2002 that only five percent of the population could correctly name Elizabeth II as the Canadian head of state; the majority believed it was the prime minister.
If there is a debate, then it is more of an academic nature and from a political science perspective . None of the country's leading political parties, either the Liberal Party or the Conservative Party , advocates the abolition of the monarchy. The New Democratic Party does not officially comment on this question. Canada has never had a head of government who openly advocated Republican ideas.
The only province with recognizable republican tendencies is Québec . The Parti Québécois sometimes took a hostile attitude towards the monarchy. However, since the party sees greater sovereignty in Québec as a more pressing problem and regards the crown as a purely federal matter, it has not commented on this issue in the recent past.
There are two interest groups who represent the respective ends of the spectrum of opinion and are regularly present in the media, on the one hand the Monarchist League of Canada (Ligue monarchiste du Canada), on the other hand the citizens for a Canadian republic (Citizens for a Canadian Republic , Citoyens et citoyennes pour une république canadienne) .
Web links
- Monarchy in Canada - Canadian Heritage website
- Canada as a Constitutional Monarchy - Website of the Canadian Senate
- Queen and Canada - Website of the British Royalty
- The Monarchy in Canada - Maple Leaf Web
Individual evidence
- ^ Royal and Parliamentary Titles Act 1927 - heraldica.org
- ↑ Richard Toporoski: The Invisible Crown ( Memento of the original from April 16, 2009 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. - Monarchy Canada (1998)
- ^ Royal Style and Titles Act - legal text
- ^ Loi sur les titres royaux - legal text
- ↑ The changes to the succession to the throne since 2015 are regulated in the Succession to the Crown Act 2013 of the United Kingdom. Canada made this law its own through the Succession to the Crown Act, 2013 .
- ^ O'Donohue v. Canada, 2003 CanLII 41404 (ON SC) - Ontario Superior Court of Justice
- ^ Death and Accession of the Monarch - Department of Foreign and Foreign Trade of Canada
- ↑ His Majesty's Declaration of Abdication Act 1936 - heraldica.org
- ^ Succession to the Throne Act 1937 - heraldica.org
- ↑ The Swearing-In of a New Ministry - Governor General of Canada
- ^ David E. Smith: The Invisible Crown. , University of Toronto Press, 1995.
- ^ Northwest Territories Act 1985
- ^ Yukon Act 2002
- ^ Nunavut Act 1993
- ↑ The cost of Canada's Constitutional Monarchy ( Memento of the original from July 7, 2009 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. - Monarchist League of Canada
- ↑ $ 1.54 per Canadian: The Cost of Canada's Constitutional Monarchy 2005 - Monarchist League of Canada ( Memento of the original from August 6, 2010 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ The Governor General of Canada: Rideau Hall - approx
- ↑ EKOS survey ( Memento of the original from December 19, 2008 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 910 kB)
