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What if a Child Inherited the Throne of Canada?

6/25/2017

 
The good news is that, barring an absolute disaster, it is not
likely to happen. The bad news is that due to the negligence of
a certain prime minister Canada doesn't really have a plan to
​deal with the situation either.

The roots of the problem go back to Canada's evolution as a
country. During the colonial period and later during Canada's
time as a self-governing dominion the question of regency was
effectively a question of British law. However, prior to 1937
Britain approached the issue on an ad hoc basis with laws
being passed when needed and for specific situations.

In 1937 a more permanent law was enacted in Britain which
remains in place to this day. This being seven years after the
Statute of Westminster it did not automatically apply to
Canada. Hindsight being 20-20 Canada ought to have acted
then. Alas, Prime Minister Mackenzie King was not known for
being overly proactive.    
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During World War Two the issue gained new urgency with the
German invasion of Denmark which cut Iceland off from its
lawful sovereign. Fearing that the Germans might actually
invade Britain and cut Canada off from its monarch it was
agreed action should be taken. At this point a regency act 
might have been agreed to but, for reasons that escape me,
Mackenzie King still didn't see the need.

Instead, the Letters Patent, 1947 were issued. While the
letters patent provided for the governor general to exercise
the monarchs authority under exceptional circumstances it
did not provide for a regency scenario. And this is as far as the
law has gone on this issue.

The result is that legal experts are not sure how a regency
would be arranged in Canada if one were needed.

How Might We Fix This?

With some difficulty. As this most definitely touches upon the
'Office of the Crown' all of the provinces would have to agree
to the proposed act. An almost guaranteed opportunity for
mischief. But lets put that aside for now.

The British regency act is solid and would probably work
for Canada too as the regent (being a member of the Royal
Family) would be known to Canadians. But, no matter how
smoothly the regency goes republicans would likely use it as
an opportunity to cause trouble.  

Another option would be to specify that no individual enters
the line of succession until they reach the age of majority. On
a certain level it sidesteps the issue of regency rather nicely.
However, negating a royal's hereditary rights on the simple
basis of age doesn't sit entirely well with me either. Even if it
would benefit the realm to avoid a regency.

As it stands the need for a regency law is low and is likely to
remain low. But if a future prime minister decides he wants to
open the constitution for other reasons maybe sneak a
regency provision in at the same time. Ok?

Loyally Yours,
A Kisaragi Colour

NDP Leadership Candidates and the Monarchy: Ibrahim Bruno El-Khoury

6/5/2017

 
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The second candidate to get back to me
today was Ibrahim Bruno El-Khoury. At the
present time his candidacy has been
declared but not finalized. I contacted the
candidate through his Facebook page.
Unlike the other candidate I contacted
today Mr. El-Khoury had some positive
things to say about our monarchy:

"Monarchy is part of our history and Canadian heritage which we like to preserve
in a way or another for a number of reasons. While Canadians have aspirations for
evolving as a nation, should the Monarchy becomes a major obstacle for such
aspirations, then someone should explore best ways of overcoming these obstacles,
while preserving heritage. For the sake of learning, we see that Denmark and
Norway are among the most advanced democracies while still being Kingdoms.
Having said so, Canada is a constitution monarchy and should Canadians decide to
upgrade democracy, they will be in position to do so. All what's required is a
collective willingness."
I would like to note that the idea that 'upgrading' democracy
​means becoming a republic is annoyingly common. 

​As I always do I checked Google for any other comments Mr.
El-Khoury might have made about the monarchy. In this case
I found none. This is not surprising given his short time in
​public life. Overall, one of the better responses I have received
so far.

Loyally Yours,
A Kisaragi Colour

NDP Leadership Candidates and the Monarchy: Brian Graff

6/5/2017

 
I have received a response from, not one, but two candidates
today. Both came back with a response without unnecessary
badgering (which is always appreciated). The first was Brian
Graff. Mr. Graff's candidacy has previously been rejected by
the NDP but he is pursuing legal means to be allowed to run.
​So what has Brian Graff have to say about the monarchy?
"I used to believe that the monarchy was a good symbol of our heritage and how
we achieved independence peacefully, unlike the US. IT clearly set us apart from
the US. But, a Head of state should be a unifying figure, and the Monarchy is very
unpopular in Quebec – this is unlikely to change, even with immigration –
Quebecois see the monarchy as a symbol of defeat and past oppression, and despite
the Queen’s long and loyal service, I doubt this will change under her reign, and I
don’t see Charles being any more popular. It’s the institution, not the person, that is
the issue.
Even though my mother was born in the UK, I am now of the belief that we should
stay in the Commonwealth but should have a Canadian head of state. However,
that means opening up the Constitution, which is something that is unlikely to
happen soon.
So regardless of my views, we are stuck with it for many years."
Let us start with the positive: Mr. Graff wouldn't try to remove
the monarchy in an official capacity. But on the negative side
there is the belief that the monarchy doesn't do its job. Well,
one of its jobs. 

Next, I checked whether Mr. Graff has made any other public
statements regarding the monarchy. I don't usually hold out
much hope of this if the candidate has never held public office
but in this case there was something. Back in 1991 Ontario
had a committee examining several different constitutional
issues. Brian Graff appeared as a witness. Below is a
transcript of his statements related to the monarchy:
​"One thing is, in doing such a thing, we should start from the top down, and perhaps
the first thing for me is that it is time we should finally have a made-in-Canada
head of state. For many French Canadians, the British-based monarchy is not an
endearing institution. As well, it is not a symbol of great relevance to the increasing
number of Canadians of non-British heritage, including the aboriginal peoples. The
Queen has no real power as such, most of it having been transferred to the
Governor General. This was made abundantly clear with the GST bill, in which she
had no choice but to sign it into law despite the controversy over the way in which it
was passed.
In the past, I tended to support the monarchy, as I believed it to be a symbol which
helped to distinguish ourselves from the US as a nation which gained independence
peacefully. But now I feel that other things are more important, namely that we
must create national institutions and symbols that are equally valid and relevant to
all Canadians, regardless of their ethnic origin or their religion. You should
remember that the Queen is of course a religious symbol as the head of the Anglican
church.
Twenty-five years ago we did this sort of thing with the flag. We got a brand-new
flag. No one individual group, British, French or anybody, could claim that it had a
special relationship to it, that it was its symbol more than it was anybody else's,
with the possible exception of course that the maple leaf does not grow in all parts
of the country.
Anyway, I hope that by such reforms as creating a new head of state that
everybody equally can identify with, it will have an effect of unifying the country.
Recent events have shown us that while the American system has too many checks
and balances and power is too decentralized within each level of government, such
as the budget process in the United States where they could not agree on anything,
our Canadian system is the exact opposite. There are not enough checks and
balances in our parliamentary system as it has evolved to the current time. Power
within each level of government is centralized in the head of government,
particularly when that is a majority government. I believe the greater power
should be given to bodies which are independent of interference from the
government so as to prevent abuse of power by the government and otherwise
make government more responsive to public needs. This is a role of the Senate, the
head of state and so on.
Unfortunately, the current institution of Governor General is not adequate to this
task, as it is currently an appointed head of state, or it would be an appointed head
of state if you made that the head of state, and it is quite likely that whoever was
appointed Governor General the government would of course be completely
sympathetic with government policy. I also believe you cannot give an appointed
person or body any real authority in a democracy. So I think that, importantly, it is
becoming increasingly clear that there is a need to provide more checks and
balances on the exercise of power by the Prime Minister, because increasingly
power is centralized in his office.
I believe we should replace both monarchy and governors general with an elected
president, but I would not want anything like the American President, which so
totally dominates things. I would, though, require that any aspirants to the position
of president previously have held elected office so that they be familiar with
parliamentary procedures and also that they be competent in both official
languages, again so that they can communicate with all Canadians."
Overall, not a whole lot of positive news about this candidate.

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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