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What comes after the Supreme Court ruling on Royal Succession?

4/27/2020

 
PictureBadge of the Supreme Court of Canada
Last Thursday the Supreme Court 
of Canada upheld a ruling by the 
Quebec Court of Appeal on the 2013
Succession to the Throne Act. The 
decision upholds the act as being 
constitutional. Without getting too 
far into the legal arguments the 
point of contention was whether 
changes to royal succession require 
an act of the federal parliament or 
the consent of every province in Canada. This ruling upheld 
the first interpretation. Monarchists were divided over this 
question with the Monarchist League of Canada supporting 
the ruling and the Canadian Royal Heritage Trust joining the
challenge to the act. While there were valid concerns on
both sides, today I'm more interested in what this means for 
​the future.

PictureThe Queen and her heirs
The good news is that no matter which
way the courts had ruled the succession
would not be affected in the near future.
The bad news, in the view of some
monarchists, is that changes to the
succession potentially don't need the
consent of the provinces and may only
need the federal parliament to pass the
​necessary acts. This situation ultimately
came about because Canada doesn't
have a succession law and from the way
in which the Canadian Crown split off
from the British Crown. In place of a
succession law we have a 'principle of symmetry' where the
monarch of Britain is also the monarch of Canada. This of
course raises the question of what happens if Britain abolishes
their monarchy? I have mentioned before that similar laziness
resulted in Canada not having a regency act.

Some monarchists are uncomfortable with the possibility the
federal parliament could change the succession on its own.
This is because while republicans taking over the House of
Commons is, in practice, difficult but republicans taking every
parliament and legislature is, in practice, impossible. And
when it comes to protecting the monarchy making it
impossible to attack is preferable for many monarchists to
making it difficult to attack.

But I'd argue this is a tad unhistorical. Ever since the Glorious Revolution the principle in the UK has been that parliament
ultimately decides who the monarch is. This was a rejection of
the idea that the succession was divinely immutable. Canada
meanwhile has come to a place where succession to the throne
is no longer constitutionally immutable. It is a tad
uncomfortable but it does present a potential course of action
that can be taken now that could not before. The ruling seems
to suggest that the Canadian Parliament could pass both a
succession law and a regency act on its own. Both would be
welcome laws to have. We can only put off passing key laws
in this country for so long before we end up in a crisis and
being a bit more proactive would be a good thing.

Loyally Yours,
A Kisaragi Colour

Green Party Leadership Candidates and the Monarchy: David Merner

4/24/2020

 
PictureDavid Merner
Today I received a response from 
Green leadership candidate David 
Merner to my survey questions. He
is the former 2019 candidate 
for Green Party of Canada candidate 
in Esquimalt-Saanich-Sooke. 

It has been a while since the last 
survey response was received so as a 
refresher the questions I sent to each 
​candidate are below: 

​1. What are your views on the monarchy?

2. As prime minister would you make use of the Advisory Committee on Vice-Regal
Appointments that was active between 2010 and 2015?

3. During the previous parliament the government cancelled a program that
mailed physical copies of the Queen's portrait to any Canadian who asked free of
charge. Would you restore this program?

4. The government also removed the Queen's portrait from the lobby of the Foreign
Affairs Office and replaced it with paintings by Alfred Pallen. Would you find a
way to have both paintings and portrait share the ample wall space of the Foreign
Affairs Office lobby?
Mr. Merner responded to questions 1 and 4 via Facebook and
questions 2 and 3 by telephone. His replies were:

Question 1: "I am a supporter of the monarchy."
Question 2: Mr. Merner stated that it was a sensible idea to
make use of the committee. As someone with a constitutional
law background himself he felt having constitutional experts
weigh in on vice-regal appoints was a good idea.
Question 3: As the program is currently structured he would
not bring it back and would go further and end a similar
program for copies of the Charter. However, while discussing
the program he was supportive of somehow incentivising
libraries to take on this particular role with possible financial
support from the federal government.
Question 4: "yes, I would raise this issue with the Minister
of Foreign Affairs.
"

As always I checked for any public comments by Mr. Merner
on the monarchy. I found none which is pretty standard for
leadership candidates who have not held public office. There
are simply fewer public statements to go by. Overall, he seems
solidly in the monarchist camp.

Loyally Yours,
A Kisaragi Colour

    About

    This website is intended to be a resource for those arguing in favour of Canada's monarchy, researching Canada's royal past, or wondering what the various vice-regal representatives of the Canadian Crown are up to currently. As well, articles about other monarchies may appear from time to time. 

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