We often forget that, behind the Crown, hides a human being, who has a family in addition, be it royal. Some even seem to have forgotten that this human being is mortal, like all the others. I am of course talking about Elizabeth II, whose funeral is taking place today, and who leaves behind her a memorable memory.
Posted at 10:00 a.m.
Although people expressed surprise at his passing, despite his very advanced age, there were obviously warning signs that his health was failing and that it was on the verge of tipping over. For example, in May 2022, it was not her, but rather Charles who read the speech from the throne in Parliament in Westminster. It was only the third time in her long 70-year reign that she had to pass the torch in this way (the other two times she was pregnant with Andrew and Edward).
Last February, the queen wanted to endorse the idea that Camilla would become queen consort at the time of her death, demonstrating that she was carefully preparing for this last eventuality.
A long-standing relationship
Canada’s relationship with the British royal family is of course not new. It dates from well before the birth of the Canadian federation. In 1867, when Canada was created — this country was only made up of colonies for settlement or conquest — the British North America Act did not put an end to this colonial status. . It took until 1931 for Canada to acquire its state sovereignty, with the Statute of Westminster of 1931, and until 1982 for it to obtain full constitutional sovereignty, with the Canada Act 1982.
The preamble of the Constitution Act of 1867 states that the founding provinces of Canada desired that the country to be born would take shape and develop under the Crown of the United Kingdom of Great Britain and Ireland. The law of 1867 also enshrines the main powers of the sovereign, powers to which must be added those deriving from royal prerogatives or organic laws.
About the Constitution Act 1982, she enshrined the office of Queen, Governor General and Lieutenant Governor in the country’s Constitution. In doing so, it crystallizes the monarchical principle and gives it full constitutional value and authority.
A leader who does not govern
This monarchy we are talking about here is not absolute, however. Rather, it is governed by the Constitution in general, and by constitutional conventions in particular. Moreover, it is the latter which, in fact, strip the monarch and his representatives — the governor general and the lieutenant governors — of most of their real powers.
Therefore, in Canada, the head of state reigns, but does not govern. His powers are mostly symbolic. However, there are times when he must make real decisions, such as when it is necessary to appoint a prime minister, form a government or dissolve or prorogue the elective chamber. For, let us not forget, in our British-style parliamentary system, the monarchy cannot be dissociated from the principle of responsible government.
Thus, as long as the Prime Minister and the ministers have the support of a simple majority of elected members of the people, they can direct the destinies of the State and make the daily decisions necessary for its governance.
When they lose this support, their political legitimacy is called into question and the monarch—or his representatives—must ensure that the survival and continuity of the state is ensured and that ministerial responsibility is respected.
King Charles III is, since September 8, the head of the Canadian state. He is the head of the executive power. It forms part—through its representatives—of the legislative power, and it is said, moreover, that it is the fountain of justice. And that is without forgetting that he is also the commander-in-chief of the armed forces.
In fact, in Canada, with regard to the designation of the sovereign, we apply the principle of symmetry.
That is to say, the King (or Queen) of Canada is recognized as such by virtue of being the King (or Queen) of the United Kingdom, as the latter is designated or determined by the rules relating to the succession to the throne of the United Kingdom.
These rules may also be amended from time to time by the Westminster Parliament. This in no way detracts from the fact that it is indeed in his capacity as King of Canada that Charles III acts with regard to all Canadians, and not as King of the United Kingdom. This stems from historical circumstances, which have meant that the relationship between Canada and the United Kingdom has evolved over the years.
Thus, Canada gradually passed from colony to independent country. The Canada Act 1982which came into force on March 29, 1982, further provides that no British law can apply in Canada as of April 17, 1982.
Stability
As for the United Kingdom, it was obviously at the heart of the British Empire. It is now at the center of the Commonwealth. The latter is an association of states. The Crown is the symbol of this free association of the members of the community of so-called British nations. By the way, it is entirely possible for a country like Canada to abolish the monarchy and remain a member of the Commonwealth. Barbados did so in 2021.
The question may arise as to what the arrival of a new king of Canada—Charles III—changes with respect to the relationship between the Crown and the Aboriginal peoples. The answer is: absolutely nothing!
Treaties between the Crown and the Aboriginal peoples will have to continue to be observed, and the principle of the honor of the Crown, which has been developed through case law and which includes a duty to consult and accommodate the Aboriginal peoples, will continue to apply.
The reign of Charles III is therefore part of stability. It is this consistency that is the strength of the British monarchy. But will this durability stand the test of time for long? An ever-increasing number of Canadians seem to doubt it, at least as far as Canada is concerned.