A survey of the constitutional law of Canada as it relates to the Crown. This updated version of a text originally published in 1998 discusses the institution of the Crown, the organization of Canadian government under the Crown, the powers of the Crown and related subject areas.
Stephen Harper's Conservative government has reversed the trend of its predecessors by giving the Crown a higher profile through royal tours, publications, and symbolic initiatives. Based on papers given at a Diamond Jubilee conference on the Crown held in Regina in 2012, Canada and the Crown assesses the historical and contemporary importance of constitutional monarchy in Canada. Established and emerging scholars consider the Canadian Crown from a variety of viewpoints, including the ways in which the monarch relates to Quebec, First Nations, the media, education, Parliament, the constitution, and the military. They also consider a republican option for Canada. Editors D. Michael Jackson and Philippe Lagassé provide context for the essays, summarize and expand on the issues discussed by the contributors, and offer a perspective on further study of the Crown in Canada. Contributors include Richard Berthelsen, Lieutenant-Colonel Alexander Bolt (Office of the Judge Advocate General), James W.J. Bowden, Stephanie Danyluk (Whitecap-Dakota First Nation), Linda Cardinal (University of Ottawa), Phillip Crawley (CEO, The Globe and Mail), John Fraser (Massey College), Carolyn Harris (University of Toronto), Robert E. Hawkins (University of Regina), Ian Holloway (University of Calgary), Senator Serge Joyal, Nicholas A. MacDonald, Christopher McCreery (Office of Lieutenant Governor of Nova Scotia), J.R. (Jim) Miller (University of Saskatchewan), Peter H. Russell (University of Toronto), David E. Smith (Ryerson University), and John D. Whyte (University of Regina).
The Crown and Constitutional Reform is an innovative, interdisciplinary exchange between experts in law, anthropology and politics about the Crown, constitutional monarchy and the potential for constitutional reform in Commonwealth common law countries. The constitutional foundation of many Commonwealth countries is the Crown, an icon of ultimate authority, at once familiar yet curiously enigmatic. Is it a conceptual placeholder for the state, a symbol of sovereignty or does its ambiguity make it a shapeshifter, a legal fiction that can be deployed as an expedient mask for executive power and convenient instrument for undermining democratic accountability? This volume offers a novel, interdisciplinary exchange: the contributors analyse how the Crown operates in the United Kingdom and the postcolonial settler societies of Canada, Australia, and New Zealand. In doing so, they examine fundamental theoretical questions about statehood, sovereignty, constitutionalism and postcolonial reconciliation. As Queen Elizabeth II's long reign approaches its end, questions about the Crown's future, its changing forms and meanings, the continuing value of constitutional monarchy and its potential for reform, gain fresh urgency. The chapters in this book were originally published in a special issue of The Round Table: The Commonwealth Journal of International Affairs.
The Crown in Canada has had a profound influence in shaping a country and a constitution that embraces the promotion of political moderation, societal accommodation, adaptable constitutional structures, and pluralistic governing practices. While none of these features themselves originated through legislative or constitutional action, David E. Smith, Christopher McCreery, and Jonathan Shanks propose that all reflect the presence and actions of the Crown. Examining how a constitutional monarchy functions, Canada’s Deep Crown discusses how the legal and institutional abstractions of the Crown vary depending on the circumstances and the context in which it is found. The Crown presents differently depending on who is observing it, who is representing it, and what role it is performing. With a focus on the changes that have taken place over the last fifty years, this book addresses the role of the Crown in dispersing power throughout Canada’s system of government, the function the sovereign, governor general, and lieutenant governors play, and how the demise of the Crown and transition to a new sovereign is likely to unfold.
As the Queen marks seventy years on the throne, this engaging work examines Canada’s constitutional monarchy. As Queen Elizabeth II celebrates her Platinum Jubilee in 2022 and nears the conclusion of her reign, much discussion and debate has taken place about the monarchy in Canada. A Resilient Crown examines a broad range of issues related to Canada’s constitutional monarchy, its present state, and its future. Topics include Crown-Indigenous relations; the foundational place of the Crown in Canada’s system of government; the viceregal offices and the role of the administrator; the Crown and francophone Canada; the prime ministers and the Queen; royal tours; and Queen Elizabeth herself. Drawing from academics, serving and retired public servants, and well-known commentators, this book brings together a rich collection of essays that delve into the Crown in Canada today.
Lefroy, A.H.F.A Short Treatise on Canadian Constitutional Law. With an Historical Introduction by W.P.M. Kennedy. Toronto: The Carswell Company, 1918. xlvii, 322 pp. Reprinted 2008 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-777-9. ISBN-10: 1-58477-777-X. Cloth. $95.* Conceived for non-Canadian lawyers and students at colleges and law schools, this is a treatise on the constitution that governed Canada from 1867 to 1982, when it achieved complete political independence. The foremost interpreter of the Canadian constitution in his day, Lefroy [1852-1919] was an important Canadian jurist who helped to draft several principal amendments to Canada's constitution. " Mr. Lefroy has written a valuable and informative book. (...) His work, on its scale, is a model for American lawyers to emulate.": H.J.L., Harvard Law Review 32 (1918-19) 583.
More than ever Canada’s constitutional monarchy should be treasured as a distinct asset for the nation. Following Queen Elizabeth II’s historic Diamond Jubilee in 2012, there is renewed interest in the institution of the Crown in Canada and the roles of the queen, governor general, and lieutenant governor. Author D. Michael Jackson traces the story of the monarchy and the Crown and shows how they are integral to Canada’s parliamentary democracy. His book underscores the Crown’s key contribution to the origins, evolution, and successful functioning of Canadian federalism, while the place of the monarchy in francophone Canada and the First Nations receives special attention. Complex issues such as the royal prerogative, constitutional conventions, the office of lieutenant governor, and Canada’s honours system are made readily accessible to the general reader. Jackson examines the option of republican governance for Canada and concludes that responsible government under a constitutional monarchy is far preferable. He further argues that the Crown should be treasured as a distinct asset for Canada.
What is the future of the monarchy in Canada? A strong republican movement in Canada stresses that the monarchy is archaic and anti-democratic, an embarrassing vestige of our colonial past. An equally vibrant monarchist movement, however, defends its loyalty to royalty, asserting that the Queen is a living link to a political and constitutional tradition dating back over a thousand years. But is the monarchy worth keeping? Battle Royal answers this question and many more: What does the Queen really do? What are the powers of the governor general? Has the Crown strengthened or weakened Canadian democracy? If we abolish the monarchy, what do we replace it with? And will we have to re-open the constitution? Charles will soon become King of Canada, but a Canada highly ambivalent to his reign. This presents the representatives of the Crown with the opportunity to build a better monarchy in both Britain and Canada, one relevant to the twenty-first century.