Monarchy in the Canadian provinces
From Wikipedia, the free encyclopedia
The monarchy in the Canadian provinces is a system of government in which the hereditary monarch of Canada acts as sovereign of each province; due to Canada's federal nature, eleven legally distinct Crowns effectively exist in the country, with the monarch acting separately in each province, as well as at the federal level. The institution of the Crown, therefore, serves as that from which the power of the state flows within each provincial jurisdiction, forming the core of each province's Westminster system of constitutional monarchy.
The present Canadian monarch is Queen Elizabeth II, since February 6, 1952, who is known within each provincial legal jurisdiction as "the Queen in Right of [Province]." As the monarch does not reside in any of the provinces, a vice-regal representative, a Lieutenant Governor, is appointed in each province to carry out all the monarch's duties in the relevant area. Though the Queen is presently the only member of the Canadian Royal Family with any constitutional role, she, her husband and consort, Prince Philip, Duke of Edinburgh, her son Prince Charles, and other members of the Royal Family, including the Queen's other children and cousins, undertake various public ceremonial functions within the provinces.
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[edit] Constitutional monarchy in the provinces
Across the country the Canadian Crown is unitary; Eugene Forsey wrote in Crown and Cabinet: "The first thing to get clear is that the provinces are not themselves 'monarchies.' They are part of a constitutional monarchy, Canada. The Queen is Queen of Canada, not Queen of Ontario, Queen of Quebec, Queen of British Columbia, etc. She is, of course, Queen in all these provinces. But she is 'Queen of Canada,' and it is as such that she is Queen in each of the provinces." Because of this the Canadian Crown has been called a "divided crown."[1]
Under this system the headship of state is not a part of either the federal or provincial jurisdictions; through the Governors General and Lieutenant, the Queen reigns impartially over the country as a whole; meaning the sovereignty of the provinces is passed on not by the Governor General or the Canadian Parliament, but through the Crown itself.[1] This means that the Crown is "divided" into eleven legal jurisdictions; into eleven "crowns" - one federal and ten provincial, as demonstrated in the fact that the same Queen takes on two different legal personas when a provincial government files a lawsuit against the federal government (See: Legal role). Jacques Monet stated in his book The Canadian Crown: "The adaptation of the Crown to a federal system was a unique and daring experiment. But it works. The sovereignty of the same Crown is exercised by different representatives in different jurisdictions. Thus, diversity has been reconciled to unity." Or, as David Smith notes in his book The Invisible Crown that the provinces became a "constitutional amalgam ... called compound monarchy." This means the status of the provincial Vice-regals is crucial to provincial co-sovereignty and federalism.[2]
The Fathers of Confederation chose this system as they saw constitutional monarchy as a bulkwark against any potential fracturing of the Canadian federation.[3] Sir Shuldham Redfern, then secretary to the Governor General, said in 1939 that without a common allegiance to the Crown, the regions of Canada might break up.[4] Thus, as the Crown is so central to Confederation, any constitutional amendment that affects the Crown in the provinces requires the unanimous consent of the provincial legislatures, along with the federal parliament, rather than the two-thirds majority necessary for most other amendments.
Because the Canadian monarch does not reside in any of the provinces, a Lieutenant Governor serves as the Queen's representative in the province, carrying out all the monarch's constitutional and ceremonial duties of state on her behalf. The Governor General appoints the Lieutenant Governors on the advice of the Prime Mininster, and in consultation with the relevant provincial premier. Smith opined that the separation of the Canadian monarch from the people by two levels of vice-regal representation has made Canadians more accepting of the role of the Crown in determining who will govern in a minority parliament situation.[4]
In the past, the provincial governments were seen by the Dominion Government in Ottawa and the Foreign Affairs office in London to be subordinate to the federal Crown; Sir John A. Macdonald structured the British North America Act with just such a situation in mind: the Lieutenant Governors were to be agents of Ottawa, appointed by the Governor General and not the Queen herself,[5] a situation the 1979 Task Force on National Unity proposed be rectified by having the Lieutenant Governors appointed directly by the Queen, as the Australian state governors are.[4]
Though the Lieutenant Governors each held an official Great Seal for the province, and summoned parliament in the Queen's name, it was even expected that Royal Assent would be given to provincial legislation in the name of the Governor General instead of the Queen. However, the latter rule was never followed in Ontario and Quebec, with the other provinces soon following suit. In 1892 the legitimacy of the Lieutenant Governors as direct representatives of the sovereign in the provinces was set down by the Judicial Committee of the Privy Council, which stated: "the Lieutenant Governor... is as much a representative of Her Majesty, for all purposes of Provincial Government as the Governor General himself is, for all purposes of Dominion Government."[5][1] The gradual discovery of a presence of the Crown in the provinces, or of a provincial guise of the Crown, empowered the provinces further.[3] Today, though they continue to be appointed by the Governor General, the Lieutenant Governors are now considered to be direct representatives of the sovereign; this has accorded them the right to receive audience with the Queen.[4] The Lieutenant Governors are, however, still only accorded the style His/Her Honour, inferior in precedence to the Governor General's style of His/Her Excellency.
The Commissioners of Canada's territories of Nunavut, Yukon, and Northwest Territories are appointed by the Governor-in-Council, at the recommendation of the federal Minister of Indian Affairs and Northern Development. But as the territories are not sovereign entities, the commissioners are not representatives of the Sovereign. They receive instruction from the said Minister of Indian Affairs and Northern Development.
- Further information: Lieutenant Governor (Canada)
[edit] Duties
The Lieutenant Governors hold considerable constitutional and reserve powers. However, it has been correctly said that since the death, in 1714, of Queen Anne, the last monarch to head the British cabinet (when almost all of Canada was still French colonial territory), that the monarch "reigns" but does not "rule". In Canada, this has been true since the Treaty of Paris (1763) ended the reign of Canada's last absolute monarch, King Louis XV of France. Thus, today, as in the other Commonwealth Realms, the monarch's role, and thereby the viceroys' roles, is almost entirely symbolic and cultural, acting as a symbol of the legal authority under which all governments operate, and the powers that are constitutionally the Crown's are exercised almost wholly upon the advice of the provincial cabinet. In the case of the provinces, however, the premier and other cabinet ministers cannot advise the Queen directly;[6] they may only minister the provincial viceroy on the use of his or her reserve powers. In exceptional circumstances, however, the viceroy has acted against ministerial advice; the Lieutenant Governor may reserve a bill for the Governor General's pleasure, that is to say, allow the Governor General (who may in turn defer to the monarch) to make a personal decision on the bill. The monarch has the power to disallow a bill (within a time limit specified by the constitution).
One constitutional question is the role of the Lieutenant Governor of Quebec in the hypothetical case of the Quebec National Assembly voting to unilaterally secede. Some have argued that in this situation, the Lieutenant Governor not only could refuse Royal Assent, but would be duty bound to do so. The Lieutenant Governor also carries out such duties as reading the Speech from the Throne, swearing in premiers and Cabinet ministers, and opening legislative sessions.
The Lieutenant Governor also bestows relevant provincial honours upon the province's citizens (save for the Lieutenant Governor of Quebec), and attends numerous official and "working" (for charity, military, etc.) functions either within the province or abroad. The Queen, other members of the Canadian Royal Family, and/or the Lieutenant Governor also attend various functions throughout the province and abroad, either as the host or a guest of honour. In 2004, the Canadian vice-regal office holders participated in over 4100 engagements in total.[7]
Members of the Canadian Royal Family also participate in various province related ceremonies and activities; shorter, province-specific tours have become more popular in recent years over the long, country-wide tours seen previously. The provincial governments will organize these tours, and share the bourne costs, with the Department of Canadian Heritage.[5]
[edit] Legal role
All laws in the provinces are enacted with the viceroy's signature; there is some debate over whether the monarch is constitutionally allowed to perform this task. The granting of a signature to a bill is known as Royal Assent; it and proclamation are required for all acts of the provincial legislature, usually granted or withheld by the Lieutenant Governor, with the pertinent Great Seal. As all laws are the Queen's laws, the enacting formula in most provinces (British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, and New Brunswick) directly references the Queen: "Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the [provincial name], enacts as follows..."[8]
Because all laws emanate from the Crown, the authority of the provincial courts is drawn from the same institution. Hence, the superior courts of a number of provinces (Alberta, Saskatchewan and Manitoba) are called "Her Majesty's Court of Queen's Bench of [Province]" (to be Court of King's Bench of [Province] in the reign of a male monarch) (summarised as "Queen's Bench" or "King's Bench"),[9] and each will display the Arms of Her Majesty in Right of the relevant province, except British Columbia and Newfoundland and Labrador - where the Royal coat of arms of the United Kingdom is used instead. The Lieutenant Governor appoints the justices and other officers of the courts.
By law in certain provinces (British Columbia, Queen's Counsel Act;[10] Manitoba;[11] Newfoundland and Labrador[12]), the Lieutenant Governor may appoint prominent lawyers as Queen's Counsel, a predominantly honorary title recognizing exceptional merit and contribution to the legal profession.[13]
In each province the legal personality of the State is referred to as "Her Majesty the Queen in Right of [name]." For example, a case in which the province of Ontario sues the federal government would formally be called Her Majesty the Queen in Right of Ontario v. Her Majesty the Queen in Right of Canada. The Monarch as an individual takes no more role in such an affair than in any other business of government.
Copyright of all materials published by the provincial government, usually created and distributed by the Queen's Printer, is also held by the Queen in Right of each province.[14][15][16]
- Further information: The Crown
[edit] Crown land
Within Canada, Crown Land is a designated area belonging to the Crown, the equivalent of an entailed estate that passes with the monarchy and cannot not be alienated from it; thus, per constitutional convention, these lands cannot be unliaterally sold by the monarch, instead passing on to the next king or queen unless the sovereign is advised otherwise by the ministers of the Crown. Though the Canadian monarch owns all Crown Land in the country, paralleling the "division" of the Crown amongst the federal and provincial governments, Crown Land is similarly divied so that some lands within the province are administered by the provincial Crown (the majority), whereas others are under the federal Crown. Crown Land provides the province with the majority of its profits from natural resources.
[edit] New Brunswick
Currently, 48% of New Brunswick's territory is Crown Land,[17] used for conservation purposes, logging, recreation, and the like. However, through treaties between First Nations and the Crown in Right of Canada, the provincial Crown grants or denies long term use of Crown Lands by aboriginals, as per the treaties.[18]
[edit] Manitoba
By the Crown Lands Act,[19] the Lieutenant Governor in Council alone has the ability to augment or disperse Crown Land, and to determine the price of any Crown Land being bought or leased. Crown Land is used for varying purposes, including agriculture, wind farming,[20][21] and cottages, while other areas are set aside for research, environmental protection, public recreation, and resource management.[21] Approximately 95% of the province's forests sit within provincial Crown land.[22]
[edit] Crown corporations
Crown corporations, in theory, are owned by the Crown in Right of each province; this is based on the legal technicality that the Crown, as an institution, owns all the property of government. These corporations do not belong to the Queen personally, but to her as Queen in Right of the province, though direct control by government is exerted only over the corporation's budget and the appointment of its chairperson and directors.
Crown corporations are involved in everything from the distribution, use, and price of certain goods and services, to energy development, resource extraction, public transportation, cultural promotion, and property management. They are also frequently used to give the provincial government access to financial markets so as to provide financing for development and capital projects.
[edit] Representation of the state
At one time the monarchy was considered a purely British institution, when most Canadians still continued to be both legally, and by personal view, British subjects. However, paralleling the changes in constitutional law, and the evolution of Canadian nationalism, the cultural role of the Monarchy in Canada altered. Today, the Sovereign is regarded as the personification of the state, and is the "personal symbol of allegiance, unity and authority for all Canadians."[23]
[edit] Finance
Funding for the provincial crowns is split between the federal and provincial governments. Citizens of the provinces do not pay any monies to the Queen, either for personal income or to support the Royal residences outside of Canada. Only when the Queen is in the province does any provincial government support her in the performance of her duties. This rule applies equally to other members of the Royal Family. When in the province, the Monarch's expenses are split between the federal and provincial governments, where the province may pay for accommodation and transport, and Ottawa may pay for security.
As the lieutenant-governor is a federal appointee, his or her salary is paid by the federal government, as well as some of the other associated costs of the office. Unlike the Governor General, the salaries of lieutenant-governors are fully taxed. The other monies put forward by the federal government go towards the exercise of their duties, in two parts: "In Capital City Expenses" and "Out of Capital City Expenses." Retired lieutenant-governors receive a superannuation, paid through the Department of Canadian Heritage, though these funds are actually garnished off of the vice-regal salaries during the occupant's time in office.
There is no uniform way in which each province funds its lieutenant-governor, and the amounts vary, depending on the facilities available to the lieutenant-governor, how they are used, which departments support them, and how the expenditures are listed in provincial estimates.[24]
[edit] Symbols
Though most royal symbols visible in the provinces are representative of the national crown (ie. the Royal Standard or stamps), each province does have its own coat of arms which are the arms of the Queen in right of each province.
While God Save the Queen is the national royal anthem, the Vice-Regal Salutes includes the first six bars of God Save the Queen, which then modulate into the first four and last four bars of O Canada. The Vice-Regal Salutes are played only for the lieutenant governors, or Governor General, as they represent Canada's monarch.
Each lieutenant governor also has a personal flag, consisting of a blue field bearing the relevant provincial coat of arms surrounded by ten gold maple leafs, symbolizing each of the ten provinces.
[edit] Honours
In 1999, Queen Elizabeth II approved the design of a Vice-Regal Badge of Service. The distinctive badge features a diamond-like shape framing a red circle with a maple leaf. The lieutenant-governor's badge is gold in appearance and the badge of one's spouse is silver. On January 1, 2000, all living current and former lieutenant-governors and their spouses were presented with this badge.[25]
The Lieutenant Governor's Award is also presented by Heritage Canada to an individual or group who has achieved an outstanding result in heritage conservation in the province in which the Heritage Canada Foundation's annual conference is held.
[edit] Royal designation, charter and patronage
Prior to modern industrial times, a Royal Charter granted by the sovereign was necessary to create an incorporated body, such as a city, company, or university; today, other means such as the registration of a limited company are now available. To receive a Royal Charter, the organization must have corporate members who have at least first degree level in a relevant field, consist of 5,000 members or more, be financially sound, and it must be in the public interest to regulate the institution under a charter. However, meeting these benchmarks does not guarantee the issue of a Royal Charter.[26] In Alberta, these are now granted by the Governor-in-Counil in the name of the Queen in Right of Alberta.
A provincial organization may also acquire the patronage of a member of Canada's Royal Family; a relationship with medieval roots, but today primarily consisting of a ceremonial function wherein the royal will either volunteer their time for service or make a charitable donation. To receive royal patronage, an organization must prove to be long lasting. Similarly, within the province, a number of organizations and events have been granted the prefix "royal" by the monarch, though patronage and a "royal" prefix are not necessarily concurrent.
- Further information: List of Canadian organizations with royal patronage
[edit] Other
For official residences, additional symbols, and other more specific information on the Crown in each of the provinces, see the relevant articles: Monarchy in British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec, New Brunswick, Nova Scotia, Prince Edward Island and Newfoundland and Labrador.
[edit] See also
[edit] Footnotes
- ^ a b c Speeches - 2007; The Honourable Jason Kenney; Talking Points for The Honourable Jason Kenney, Secretary of State (Multiculturalism and Canadian Identity); Lieutenant Governors Meeting; Regina, Saskatchewan; April 23, 2007
- ^ Jackson, Michael; Canadian Monarchist News: Golden Jubilee and Provincial Crown; Spring, 2003
- ^ a b Smith, David E.; The Invisible Crown; Univ. of Toronto Press, 1995; p. 8
- ^ a b c d Toporoski, Richard; Monarchy Canada: The Invisible Crown; Summer, 1998
- ^ a b c Jackson, Michael; Canadian Monarchist News: Golden Jubilee and the Provincial Crown; Winter/Spring, 2003
- ^ Jackson, Michael; Canadian Monarchist News: Golden Jubilee and Provincial Crown; Winter/Spring, 2003
- ^ Guthrie, Gavin and Aimers, John; $1.54 per Canadian: The cost of Canada's constitutional monarchy, 2005
- ^ Celebration of Portuguese Heritage Act, 2001
- ^ Alberta Courts: Court of Queen's Bench
- ^ British Columbia: Ministry of Attorney General: Queen's Counsel Nomination Process
- ^ The Court of Queen's Bench Act; C.C.S.M. c. C280
- ^ Government of Newfoundland and Labrador: Office of the Queen's Printer
- ^ British Columbia: Ministry of Attorney General: Queen's Counsel Nomination Process
- ^ Government of Alberta: Queen's Printer
- ^ Government of British Columbia: Queen's Printer
- ^ Office of the Queen's Printer
- ^ Mitchell; Simon, J.; Who Owns Crown Lands?; Falls Brook Centre; June, 2003
- ^ Cite error: Invalid
<ref>tag; no text was provided for refs namedCLFA - ^ Crown Lands Act; C.C.S.M. c. C340
- ^ Manitoba Agriculture, Food and Rural Initiatives: Agricultural Crown Lands Leasing Program
- ^ a b Government of Manitoba: Some Questions and Answers Regarding Manitoba's Crown Land Policies for Wind Farms
- ^ Manitoba Wildlands: Forests
- ^ The Crown in Canada
- ^ Guthrie, Gavin and Aimers, John; $1.54 per Canadian: The cost of Canada's constitutional monarchy, 2005
- ^ [1]
- ^ Privy Council: Royal Charter
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