By: Mr. Windsor

I remember I was taking the Alberta Legislature guided tour for the third time when I first got interested in the Monarchy and its effects and influences on Canadian politics. I stood beside the fountain of the rotunda looking at all the old flags mounted on the marble walls. Our tour guide talked about the massive paintings of our current and past monarchs through the centuries and how they helped carve the identity and image of the culture and traditions of Canadians today. I then realized there was a missing jewel in Canadian politics that I’d completely overlooked. Today, I would like to boast about how my province was named after a member of the Canadian Royal Family.

Princess Louise was the Duchess of Argyll and the fourth daughter of Queen Victoria and Prince Albert. She was born on March 18th 1848 at Buckingham palace as Princess Louise Caroline Alberta. She would later marry John Campbell the Marquess of Lorne on March 21st 1871. The Marquess of Lorne would later become Canada’s fourth Governor General and the couple would both take a great interest in Canada. They hosted countless balls, dinners, ice skating parties and even tobogganing parties while helping encourage the arts and sciences in Canada. Louise became a patroness for various organizations including the Ladies Educational Association, Women’s Protective Immigration Society, and the Society of Decorative Arts showing how she was a strong supporter of the feminist movement. In the winter of 1880 Louise and Lorne were victims of a sleigh accident. The carriage they were riding in was overturned and both coachmen fell off. The horses then panicked and dragged the overturned cart 370 meters until they calmed down from another carriage ahead. Princess Louise was knocked unconscious and her earring got caught on the carriage walls cutting her ear lobe in half. However, the accident didn't stop the couple from being active in Canadian politics and activities. In 1881 the couple visited the North-West Territories and two years later the territory was split into four districts Assiniboia, Athabasca, Saskatchewan and Alberta. The district of Alberta was named by the Marquess of Lorne in a famous poem he wrote which compared the beauty of the district to the beauty of his wife. In 1905, Alberta would become a province. Princess Louise died on December 3rd 1939 in Kensington Palace, London. Today, countless locations and organizations have been named after the couple. Alberta’s famous Lake Louise, The Argyll and Sutherland Highlanders of Canada (Also known as Princess Louise's), 8th Canadian Hussars (Princess Louise's), The Princess Louise Fusiliers, and Mount Alberta all have been named honouring Princess Louise.

Cross-posted from Until Philosophers are Kings…

By: Kevin Gillespie

In December 2009, Prime Minister Stephen Harper—attempting to postpone a confidence vote in the House of Commons—formally requested that the Governor General prorogue Parliament.  After much speculation in the media as to what the GG would decide to do, Michaëlle Jean granted the PM’s request for prorogation.  It has come to light however, that—had the GG refused the prorogation request—Stephen Harper was ready to appeal directly to the Queen.  In a Globe and Mail article from 2010, Harper’s then-director of communications is quoted discussing this possibility: “When… asked what other avenues the Prime Minister was exploring in case the decision had gone against them, he responded: ‘Well, among them, the Queen’” (Ibbitson, 2010).  As it happened, such an outcome was averted when the GG granted the prorogation request; nevertheless, the possibility of the Queen becoming directly involved in Canadian politics had been raised, leading to some interesting constitutional questions. 

Published in the Journal of Canadian Studies, Bruce Hicks writes that “[constitutional] scholars spend a great deal of time hypothesizing democratic justification for powers that they themselves argue have fallen into disuse” (2010).  As a result of a tradition of disuse and encouraged by the Letters Patent of 1947, it has been argued that the Queen has ceded most of her powers to the GG.  In her autobiography,former-GG Adrienne Clarkson makes the claim that “[even] many politicians don’t seem to know that the final authority of the state was transferred from the monarch to the Governor General in the Letters Patent of 1947” (2006, 189-90).  This claim suggests that it would be unconstitutional for the Queen to override a vice-regal decision, and appears to be supported by Andrew Heard—a prominent constitutional scholar.  In his book on constitutional conventions Heard claims that, “[although] the Queen remains Canada’s legal head of state, the only area on which she plays any ongoing role lies in the appointment of the Governor General” (1991, 16).  Here, Heard seems to be suggesting that a constitutional convention of disuse has arisen around the use of the Queen’s powers—a position which falls in line with Clarkson’s own interpretation.

Similarly, the argument that the Queen’s powers have been lost through a tradition of disuse is debatable.  Bruce Hicks gives one example in which the celebrated constitutional expert Eugene Forsey mistakenly comes to the conclusion that “a convention had emerged preventing the use of… the clause [in the Constitution Act, 1867] that allows the Queen to authorize the appointment of additional senators to break a deadlock between the two chambers of the Canadian Parliament” (2010).  This however turned out not to be the case, when in 1990 Brian Mulroney used this very provision to appoint 8 new senators in order to ensure the passage of his GST bill in the Senate (Plett: 2009).  There have also been several other modern instances in which the Queen has carried out some of her rarely used powers in the Canadian context: In 1957 & 1977 the Queen officially opened Parliament, becoming the first reigning Canadian monarch to read the Speech from the Throne (The Royal Houshold: 2013); in 1982, the Queen proclaimed the newly-patriated Constitution (Historica); and more recently, the Queen has approved the creation of new honours for her Diamond Jubilee (The Governor General of Canada: 2011).  While many of these duties are rarely used, or have traditionally been exercised by the GG, this has clearly not prevented the Queen from their performance.

Bibliography

Clarkson, Adrienne. Heart Matters. Toronto: Viking Canada (AHC).  2006. Print.

“Creation of the Diamond Jubilee Medal.” The Governor General of Canada. 2011. Web. 4 Mar. 2011.

Heard, Andrew. Canadian Constitutional Conventions: The Marriage of Law and Politics. Toronto: Oxford University Press, 1991. Print.

Hicks, Bruce M. “The Crown’s ‘Democratic’ Reserve Powers.” Journal of Canadian Studies. 2010. Web. 26 May. 2013.

Ibbitson, John. “Stephen Harper pondered appeal to Queen over prorogation.” The Globe and Mail. 30 Sept. 2010. Web. 26 May. 2013.

Letters Patent Constituting the Office of the Governor General of Canada. 1947. Web. 26 May, 2013.

Plett, Donald N. “About the Senate – Senators”. Donald Neil Plett. 2009. Web. 26 May, 2013.

“The Patriation of the Constitution.” Historica. Web. 27 May, 2013.

The Royal Household. “Queen in Canada.” The Official Website of th British Monarchy. 2013. Web. 26 May, 2013.

The Letters Patent of 1947 are a rather misunderstood document. Many, including at least one Governor General, have misinterpreted them to be a transfer of power from the Sovereign. This is not the case. To understand the document you need to understand its historical context.

During World War Two Nazi Germany invaded Denmark. This put Iceland in a precarious position as they shared a monarch with the Danes. For obvious reasons the Danish monarch could not continue to fulfill his duties as sovereign of Iceland. Iceland's parliament was forced to pass an illegal declaration of independence (as it did 
not have royal assent).

This caused debate in the Canadian House of Commons about Canada's lack of a regency act in the event the king was captured or cut off from Canada. In 1947 the Letters Patent Constituting the Office of Governor General of Canada were issued. The issuance of these letters patent is also why Canada does not have a regency act.

The letters patent were significant, however. They allow the Governor General to exercise nearly all of the sovereign's prerogatives except, obviously, the ability to appoint a new Governor General. They notably do not prevent the sovereign from exercising those same prerogatives. As Kevin Gillespie over at Until Philosophers are Kings… point out there have been several instances since then when the sovereign has used their prerogatives instead of the Governor General.

As a creation of the monarch's royal perogative they cannot be repealed by the Canadian Parliament. By the same token they are not sufficient to fundamentally alter the office of the Governor General. It is clear from government correspondence from the time period that no one then thought of the letters patent as a transfer of power. However, since then either intentionally or unintentionally some have come to see them that way. The Letters Patent of 1947 were a response to the nightmare scenario of their times; a full scale Nazi invasion of Britain.

Loyally Yours,
A Kisaragi Colour

Letters Patent Constituting the Office of Governor General of Canada

Effective October 1, 1947

"GEORGE R."

CANADA

George the Sixth, by the Grace of God, of Great Britain, Ireland and the British Dominions beyond the Seas King, Defender of the Faith.

[SEAL]

To All To Whom these Presents shall come,

GREETING:

Whereas by certain Letters Patent under the Great Seal bearing date at Westminster the Twenty-third day of 
March, 1931, His late Majesty King George the Fifth did constitute, order, and declare that there should be a 
Governor General and Commander-in-Chief in and over Canada, and that the person filling the office of Governor 
General and Commander-in-Chief should be from time to time appointed by Commission under the Royal Sign Manual and Signet:

And whereas at St. James' on the Twenty-third day of March, 1931, His late Majesty King George the Fifth did cause certain Instructions under the Royal Sign Manual and Signet to be given to the Governor General and Commander-in-Chief:

And whereas it is Our Will and pleasure to revoke the Letters Patent and Instructions and to substitute other provisions in place thereof:

Now therefore We do by these presents revoke and determine the said Letters Patent, and everything therein contained, and all amendments thereto, and the said Instructions, but without prejudice to anything lawfully done there under:

And We do declare Our Will and pleasure as follows:

I. We do hereby constitute, order, and declare that there shall be a Governor General and Commander-in-Chief in and over Canada, and appointments to the Office of Governor General and Commander-in-Chief in and over Canada shall be made by Commission under Our Great Seal of Canada.

II. And We do hereby authorize and empower Our Governor General, with the advice of Our Privy Council for Canada or of any members thereof or individually, as the case requires, to exercise all powers and authorities lawfully belonging to Us in respect of Canada, and for greater certainty but not so as to restrict the generality of the foregoing to do and execute, in the manner aforesaid, all things that may belong to his office and to the trust We have reposed in him according to the several powers and authorities granted or appointed him by virtue of the Constitution Acts, 1867 to 1940 and the powers and authorities hereinafter conferred in these Letters Patent and in such Commission as may be issued to him under Our Great Seal of Canada and under such laws as are or may hereinafter be in force in Canada.

III. And We do hereby authorize and empower Our Governor General to keep and use Our Great Seal of Canada for sealing all things whatsoever that may be passed under Our Great Seal of Canada.

IV. And We do further authorize and empower Our Governor General to constitute and appoint, in Our name and on Our behalf, all such Judges, Commissioners, Justices of the Peace, and other necessary Officers (including diplomatic and consular officers) and Ministers of Canada, as may be lawfully constituted or appointed by Us.

V. And We do further authorize and empower Our Governor General, so far as We lawfully may, upon sufficient cause to him appearing, to remove from his office, or to suspend from the exercise of the same, any person exercising any office within Canada, under or by virtue of any Commission or Warrant granted, or which may be granted, by Us in Our name or under Our authority.

VI. And We do further authorize and empower Our Governor General to exercise all powers lawfully belonging to Us in respect of summoning, proroguing or dissolving the Parliament of Canada.

VII. And Whereas by the Constitution Acts, 1867 to 1940, it is amongst other things enacted that it shall be lawful for Us, if We think fit, to authorize Our Governor General to appoint any person or persons, jointly or severally, to be his Deputy or Deputies within any part or parts of Canada, and in that capacity to exercise, during the pleasure of Our Governor General, such of the powers, authorities, and functions of Our Governor General as he may deem it necessary or expedient to assign to such Deputy or Deputies, subject to any limitations or directions from time to time expressed or given by Us; Now We do hereby authorize and empower Our Governor General, subject to such limitations or directions, to appoint any person or persons, jointly or  severally, to be his Deputy or Deputies within any part or parts of Canada, and in that capacity to exercise, during the pleasure of Our Governor General, such of the powers, authorities, and functions of Our Governor General as he may deem it necessary or expedient to assign to him or them: Provided always, that the appointment of such a Deputy or Deputies shall not affect the exercise of any such power, authority or function by Our Governor General.

VIII. And We do hereby declare Our pleasure to be that, in the event of the death, incapacity, removal, or absence of Our Governor General out of Canada, all and every the powers and authorities herein granted to him shall, until Our further pleasure is signified therein, be vested in Our Chief Justice for the time being of Canada, (hereinafter called Our Chief Justice) or, in the case of the death, incapacity, removal, or absence of Our Chief Justice, then in the Senior Judge for the time being of the Supreme Court of Canada, then residing in Canada and not being under incapacity; such Chief Justice or Senior Judge of the Supreme Court of Canada, while the said powers and authorities are vested in him, to be known as Our Administrator.

Provided always, that the said Senior Judge shall act in the administration of the Government only if and when Our Chief Justice shall not be present within Canada and capable of administering the Government.

Provided further that no such powers or authorities shall vest in such Chief Justice, or other judge of the Supreme Court of Canada, until he shall have taken the Oaths appointed to be taken by Our Governor General.

Provided further that whenever and so often as Our Governor General shall be temporarily absent from Canada, with Our permission, for a period not exceeding one month, then and in every such case Our Governor General may  continue to exercise all and every the powers vested in him as fully as if he were residing within Canada, including the power to appoint a Deputy or Deputies as provided in the Seventh Clause of these Our Letters Patent.

IX. And We do hereby require and command all Our Officers and Ministers, Civil and Military, and all the other inhabitants of Canada, to be obedient, aiding, and assisting unto Our Governor General, or, in the event of his death, incapacity, or absence, to such person as may, from time to time, under the provisions of these Our Letters Patent administer the Government of Canada.

X. And We hereby declare Our Pleasure to be that Our Governor General for the time being shall, with all due  solemnity, cause Our Commission under Our Great Seal of Canada, appointing Our Governor General for the time being, to be read and published in the presence of Our Chief Justice, or other Judge of the Supreme Court of Canada, and of members of Our Privy Council for Canada, and that Our Governor General shall take the Oath of  Allegiance in the form following:-"I, ................. do swear that I will be faithful and bear true allegiance to His Majesty King George the Sixth, His Heirs and successors, according to law. So Help me God"; and likewise he shall take the usual Oath for the due execution of the Office of Our Governor General and Commander-in-Chief in and over Canada, and for the due impartial administration of justice; which Oaths Our Chief Justice, or, in his absence, or in the event of his being otherwise incapacitated, any Judge of the Supreme Court of Canada shall, and he is hereby required to, tender and administer unto him.

XI. And We do authorize and require Our Governor General from time to time, by himself or any other person to be authorized by him in that behalf, to administer to all and to every person or persons, as he shall think fit, who shall hold any office or place of trust or profit in Canada, that said Oath of Allegiance, together with such other Oath or Oaths as may be from time to time be prescribed by any Laws or Statutes in that behalf made and provided.

XII. And do further authorize and empower Our Governor General, as he shall see occasion, in Our name and on Our behalf, when any crime or offence against the laws of Canada has been committed for which the offender may be tried there under, to grant a pardon to any accomplice, in such crime or offence, who shall give such information as shall lead to the conviction of the principal offender, or of any one of such offenders if more than one; and further to grant to any offender convicted of any such crime or offence in any Court, or before any Judge, Justice, or Magistrate, administering the laws of Canada, a pardon, either free or subject to lawful conditions, or any respite of the execution of the sentence of any such offender, for such a period as to Our Governor General may seem fit, and to remit any fines, penalties, or forfeitures, which may become due and payable to Us. And We do hereby direct and enjoin that Our Governor General shall not pardon or reprieve any such offender without first receiving in capital cases the advice of Our Privy Council for Canada and. in other cases, the advice of one, at least, of his Ministers.

XIII. And We do further authorize and empower Our Governor General to issue Exequaturs, in Our name and on Our behalf, to Consular Officers of foreign countries to whom Commissions of Appointment have been issued by the Heads of States of such countries.

XIV. And whereas great prejudice may happen to Our service and to the security of Canada by the absence of Our Governor General, he shall not quit Canada without having first obtained leave from Us for so doing through the Prime Minister of Canada.

XV. And We do hereby reserve to Ourselves, Our heirs and successors, full power and authority from time to time to revoke, alter, or amend these Our Letters Patent as to Us or them shall seem fit.

XVI. And We do further direct and enjoin that these Our Letters Patent shall be read and proclaimed at such place or places within Canada as Our Governor General shall think fit.

XVII. And We do further declare that these Our Letters Patent shall take effect on the first day of October, 1947.

In witness whereof We have caused these Our Letters to made Patent, and for the greater testimony and validity thereof, We have caused Our Great Seal of Canada to be affixed to these presents, which We have signed with Our  Royal Hand.

Given the eighth day of September in the Year of Our Lord One Thousand Nine Hundred and Forty-Seven and in the 

Eleventh Year of Our Reign.

BY HIS MAJESTY'S COMMAND,

W. L. MACKENZIE KING,
Prime Minister of Canada