The Constitution

Constitutional Monarchy: The Monarchy in Canada

Since the establishment of New France, Canada has been the territory of a monarchy or a monarchy in its own right. Kings and queens reigning over Canada have included the monarchs of France (from Francis I in 1534 to Louis XV in 1763), those of the UK (from Anne of Great Britain in 1713 to King George VI in 1952), to Queen Elizabeth II as Queen of Canada today. Following Confederation in 1867, the gradual "Canadianization" of the Crown began.

The Royal and Parliamentary Titles Act 1927 initiated the gradual replacement of the concept of a singular crown throughout the British Empire with that of a shared crown making each dominion (as well as the United Kingdom) a separate Realm with the Crown worn by the common monarch. This idea was further enhanced by the Statute of Westminster 1931, which granted the dominions of the Commonwealth autonomy from the British parliament and equality with the United Kingdom. When a new Royal Style and Titles Act was passed at the beginning of Queen Elizabeth's reign, it explicitly identified the Queen's role in the United Kingdom and her role in Canada separately, with her role as Queen of the United Kingdom listed before her role as Queen of Canada. This format was consistent with the form of the Queen's titles in the other Realms, as had been agreed upon by all the Realm governments in 1953. As of 2006, only Canada and Grenada retain this form. The Queen's title in the UK is similar but only lists that realm by name in the title.

Canada gained full independence as an autonomous constitutional monarchy when the constitution was patriated under Prime Minister Trudeau in 1982, making it Canadian law rather than an act of the British parliament that required amendment in both jurisdictions.

The Constitution Act of 1982 also entrenched the monarchy in Canada. Any change to the position of the monarch or the monarch's representatives in Canada now requires the consent of the Senate, the House of Commons, and the legislative assemblies of all the provinces.

The great majority of the Queen's Canadian duties are performed by her representatives in Canada except those that explicitly or implicitly require the Queen to perform them. There have often been instances when the Governor General has appeared alongside the Queen at events abroad. Canada's political leaders have, on occasion, appealed to the Queen's authority. In 1990, Prime Minister Brian Mulroney appealed to the Queen (under Section 26 of The Constitution Act, 1867) to temporarily add new seats to the Senate. This provision was designed to ensure deadlock in the Senate could be broken. It requires approval by both the Governor General and the monarch. Mulroney made this move to secure passage of the controversial Goods and Services Tax in the face of threats by the Senate to block it. Although Mulroney's Progressive Conservative Party had a massive majority in the House of Commons, the Liberals held a majority in the Senate - until new PC senators were appointed at Mulroney's recommendation to avoid that problem.

This was an occasion on which the Queen played a significant role in Canadian government, although as the monarch's advisers made clear, she felt bound to follow the advice of the Prime Minister, who was answerable to cabinet, parliament, and the Canadian electorate. They argued that to overrule prime ministerial advice would have involved the Queen directly in controversy; by automatically accepting advice, she placed the responsibility on the person giving the advice. It is also possible that if the Governor General decided to go against the Prime Minister's or the government's advice, the Prime Minister could appeal directly to the Queen or even recommend that the Queen dismiss the Governor General.

Beginning January 1, 2005, the Letters of Credence that foreign diplomats present when beginning an assignment in Canada are addressed to the Governor General of Canada without making any reference to the Queen. This is also the case with Letters of Recall presented when a diplomat finishes a sojourn in Canada. This change in protocol has been criticised by Canadian monarchists as an example of the government reducing the Queen's role, and has been welcomed by republicans for the same reason.

Some monarchists contend that after Paul Martin became prime minister, his government seemed to be attempting to further distance Canada from the Queen and elevating the Governor General to more of a presidential figure.

On her 2005 trip to Alberta, the provincial government wished to have the Queen sign a bill into law. This was not done - in theory because the constitutionality of the Queen doing so was questioned; however, Rideau Hall also stated it would conflict with the "Canadianization" of Canada's institutions.

Cost of the Crown

The Queen's Canadian governments pay only for the costs associated with the Governor General and lieutenant governors in their exercising of the powers of the Crown on behalf of the Queen, including travel, security, residences, offices, ceremonial occasions, etc.

Contrary to common misconception, Canadians do not pay any monies to the Queen either for personal income or to support the Royal residences outside of Canada. Only when Queen Elizabeth II is in Canada, or acting abroad as Queen of Canada, does any Canadian government support her in the performance of her duties.

Provincial and federal records of expenditures associated with the Crown are kept, but no official report on the cost of the monarchy to Canadians is compiled. However, the Monarchist League of Canada triannually issues a survey based on official government documents which outlines a yearly cost to each Canadian for the functioning of the Crown. The 2005 survey found that the institution cost Canadians $1.54 each in 2004, or an overall total of roughly $49,000,000.