by Philippe Lagassé
Published in Macleans.ca, February 3, 2012
Canada’s most monarchist government in decades has just dealt a serious blow to the Canadian Crown. In an effort to quickly enact changes regarding royal succession, the government has introduced a bill that undermines the concept of a truly independent Canadian Crown, the foundation of Canadian sovereignty. Equally troubling, the government claims that altering succession to the throne does not require a constitutional amendment. In making this argument, the government has overlooked the very nature of the Crown in law and the Canadian constitution. However commonsensical the proposed changes to the law governing succession may be, such a cavalier approach to the Crown, to the foundation of sovereign authority of and in Canada, merits scrutiny.
Heritage Minister James Moore laid out the government’s thinking at a press conference this past Wednesday. According to the minister, succession to the throne is not a matter of Canadian law. Instead, succession is a question of British law alone. Only the British Parliament can set the rules for who ascends to the throne, while the Canadian Parliament’s only authority lies in assenting to the changes. Put differently, the authority to legislate the rules of succession belongs with the British Parliament because the Canadian constitution does not address matters of succession. The legal pretext for this interpretation is the preamble to the 1931 Statute of Westminster, which states that the United Kingdom will obtain the assent of the Dominions when altering succession to, and royal titles and styles of, their shared Crown….
Read the rest of this essay on the Macleans.ca website.