Cameron Miranda
Queen Elizabeth II was the Queen of Canada, and the current King of Canada is Charles III. Canada is a constitutional monarchy, in which the monarch agrees to delegate powers to the nation's elected politicians, rather than use them. The Canadian Constitution grants significant political powers to the Queen, declaring that the executive government and authority of and over Canada is vested in her. The monarch is the head of Canada's parliament and the commander-in-chief of the Canadian Armed Forces. The Queen of Canada's Royal style and title is Elizabeth the Second, by the Grace of God, of the United Kingdom, Canada, and Her other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. While the Queen has extensive powers on paper, in practice, these powers are formally held by the King and lent to other people, mainly the Prime Minister of Canada, who governs on the King's behalf and passes laws in his name. The Queen's role as the head of state in Canada raises questions about her legal status and whether she is above the law in the country.
| Characteristics | Values |
|---|---|
| Queen of Canada | Elizabeth II |
| Royal Style and Title | Elizabeth the Second, by the Grace of God, of the United Kingdom, Canada and Her other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith |
| Canada's Head of State | King Charles III |
| Canadian Constitution | Grants sweeping political powers to “the Queen,” declaring that “the executive government and authority of and over Canada” is vested in her |
| Canadian Constitution | The monarch is the head of Canada’s parliament and the commander-in-chief of the Canadian armed forces |
| Canadian Constitution | The king or queen of the United Kingdom will always be recognized as the king or queen “of Canada |
| Succession to the Canadian Crown | Determined by the Succession to the Throne Act, 2013 |
| Canadian Act | Subject of a constitutional challenge by law professors who argued that any changes to the Crown succession laws required unanimous approval by all provinces |
| Quebec Court of Appeal | Determined that the term “office of the Queen” does not refer to the legal person who occupies the office, but rather the duties and powers of the office, which remained unaltered |
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What You'll Learn
Queen Elizabeth II's role in Canada's constitution
Queen Elizabeth II was the Queen of Canada and its head of state until her death on September 8, 2022. Canada has been governed under a monarchical system since the colonisation of Canada as New France in 1763. The British Crown was established as the governing authority in 1763 after the conquest of New France.
In 1982, Queen Elizabeth II signed into law the Constitution Act, which brought Canada's Constitution under complete Canadian control. This act also included a proclamation of the National Flag of Canada. The Queen also welcomed the newly created territory of Nunavut in 2002 and addressed Canada's difficult past with a message of solidarity to Indigenous peoples on the country's first National Day for Truth and Reconciliation.
The Queen's role in Canada's constitution was also reflected in her support for various Canadian charities and public organisations. Her patronages included the Canadian Cancer Society, the Canadian Nurses' Association, the Canadian Red Cross Society, the Royal Canadian Humane Association, and Save the Children Canada.
The Queen's role as the head of state in Canada was separate from her role as the Queen of the United Kingdom. The English Court of Appeal ruled in 1982 that "in matters of law and government, the Queen of the United Kingdom [...] is entirely independent and distinct from the Queen of Canada." This distinction was further emphasised by the 1919 Nickle Resolution, which allowed the Canadian Cabinet to advise the Queen independently of the British Prime Minister.
The succession to the Canadian Crown is determined by the Succession to the Throne Act, 2013, which was passed in response to the agreement made by the heads of government who recognised Queen Elizabeth II as their head of state. This act was also passed to end gender discrimination in succession laws and the rules disqualifying an heir from marrying a Roman Catholic.
In summary, Queen Elizabeth II played a significant role in Canada's constitution, from touring the country and supporting various charities to signing important legislation and embodying the state as the head of state. Her role as the Queen of Canada was separate from her role as the Queen of the United Kingdom, and she was recognised by the constitutional law of Canada as the legal embodiment of the state.
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The Queen's powers as head of Canada's parliament
The Queen's powers as the head of Canada's parliament are largely ceremonial and symbolic. The Canadian parliament is a bicameral legislature, consisting of the Senate, the House of Commons, and the Crown. While the Queen is recognised as the head of state, the prime minister is considered the head of government and the country's actual ruler.
The Queen's role in Canada's parliament is primarily represented by the Governor General and Lieutenant Governors. The Governor General acts as the "acting monarch" and is authorised to carry out duties on behalf of the Queen, such as signing documents and granting royal assent to laws. The Lieutenant Governors represent the Queen in each of the ten provinces, performing similar functions within their respective jurisdictions.
While the Queen has significant constitutional obligations, many of these are delegated to her Canadian representatives. The Queen's powers include summoning and dissolving Parliament, swearing in the Ministry, granting Royal Assent to legislation, and using reserve powers. The Queen also has the power to appoint the Governor General, who exercises many of the Sovereign's powers in Canada, on the advice of the Canadian government.
The Queen's role in Canada's parliament is deeply rooted in the country's history. Since the colonisation of Canada as New France, the country has been governed under a monarchical system. The British Crown became the governing authority in 1763 after the conquest of New France, and Canada's confederation in 1867 further established the monarch's role in the executive government and authority.
In modern times, the Queen's relationship with Canada has been marked by frequent Royal Tours and a close association with the country and its people. The Queen has visited Canada over twenty times since her first tour as Princess Elizabeth in 1951. These tours have fostered a mutual affection and admiration between the Royal Family and Canadians, allowing for a more personal connection between the Crown and those it represents.
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The Queen's role as commander-in-chief of the Canadian Armed Forces
The role of commander-in-chief carries supreme command and control over Canada's military. While the Governor General, currently Mary Simon, executes most duties on behalf of the monarch, the Queen remains vested with command-in-chief. The Governor General holds the title of Commander-in-Chief of the Canadian Forces and is responsible for appointing the Chief of the Defence Staff and royal colonels-in-chief of Canadian regiments.
The relationship between the Canadian Crown and the Canadian Armed Forces is both constitutional and ceremonial. The monarch's role within the Canadian Armed Forces is symbolically represented through various means, including royal symbols on military badges and insignia, coats of arms, royal portraits, and the granting of royal prefixes to military units and institutions. Members of the royal family hold honorary positions in various branches and regiments, continuing the historical relationship between the Crown and its armed forces.
The Queen's involvement in military affairs also extends to support for military-related organisations. The Queen's patronages include organisations such as the Canadian Cancer Society, the Canadian Nurses' Association, the Canadian Red Cross Society, the Royal Canadian Humane Association, and Save the Children Canada.
While the role of commander-in-chief is primarily symbolic, the monarch retains specific powers, such as the approval and signing of declarations of war. This was evident in the proclamation declaring Canada's entry into World War II in 1939, issued with the approval and signature of King George VI.
With the passing of Queen Elizabeth II, King Charles III has succeeded as the monarch and commander-in-chief of the Canadian Armed Forces. The succession is governed by the Succession to the Throne Act, 2013, which received Canada's formal assent.
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The Queen of Canada vs. the Queen of the United Kingdom
The Queen of Canada and the Queen of the United Kingdom are two distinct roles, referring to the same person but with different implications. Elizabeth II was the first Queen of Canada, a role she took on in 1953 following her father's death. The Canadian parliament enacted the Royal Style and Titles Act, designating her as "by Grace of God of the United Kingdom, Canada and Her other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith".
Canada has its own monarchy, with the Queen of Canada as head of state. The Canadian Constitution grants significant political powers to "the Queen", declaring that "the executive government and authority of and over Canada" is vested in her. She is also head of Canada's parliament and commander-in-chief of the Canadian Armed Forces. However, Canada operates as a constitutional monarchy, where the monarch delegates powers to elected politicians. The monarch's powers are formally held by the King or Queen of Canada but are lent to other people, mainly the Prime Minister of Canada, who governs and passes laws on their behalf.
The Queen of the United Kingdom, on the other hand, is entirely independent and distinct from the Queen of Canada. This was demonstrated in a 1982 case where the Canadian Cabinet advised the Queen, as Queen of Canada, not to grant a peerage to a Canadian businessman, despite the request of the UK Prime Minister. This unique relationship between Canada and the UK monarchy allows Canada to maintain its own independent monarchy while still recognising the British royals.
The role of the Queen of Canada is deeply rooted in the country's history and governance. Canada has been governed under a monarchical system since its colonisation as New France, with the British Crown established as the governing authority in 1763. Canadian confederation occurred in 1867, creating the Dominion of Canada, and the country gained full independence in 1982 through constitutional patriation. The succession of the Canadian Crown is determined by the 2013 Succession to the Throne Act, which was passed to end gender discrimination in succession laws and to ensure unity with other Commonwealth realms on succession issues.
In conclusion, while the Queen of Canada and the Queen of the United Kingdom refer to the same person, the roles are legally distinct, with the Queen of Canada holding more authority and independence in Canadian governance. The unique constitutional monarchy system in Canada allows for a delicate balance between recognising the British royals and maintaining Canada's independence.
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The Queen's involvement in Canadian charities and public organisations
Queen Elizabeth II was the first of Canada's sovereigns to be proclaimed separately as "Queen of Canada". She dedicated her life to public service and served Canada and Canadians throughout her reign. On her 21st birthday, April 21, 1947, she addressed the Commonwealth and dedicated her life to the service of others. She enjoyed a warm, personal rapport with several Canadian prime ministers.
Queen Elizabeth II was patron to several Canadian charities and foundations, some of which she inherited from previous monarchs. She was patron of more than 600 charities and organisations, 36 of which are in Canada. These include the Canadian Cancer Society, the Canadian Red Cross Society, the Canadian Nurses Association, the Royal Canadian Air Force Association, the Royal Canadian Naval Association, the Royal Canadian Air Force Benevolent Fund, and the Royal Canadian Naval Benevolent Fund. She was also patron of the Royal British Columbia Museum and the Royal Winnipeg Ballet, among other arts and cultural organisations.
Queen Elizabeth II was also involved in various public organisations in Canada. In 2012, she became Commissioner-in-Chief of the Royal Canadian Mounted Police (RCMP). She held the title of Honorary Commissioner as of 1953. She also highlighted the critical role of the Canadian Forces by serving as Colonel-in-Chief, Captain General, and Air Commodore-in-Chief of several units across Canada.
The Queen's representatives in Canada have the principal role of promoting identity and unity. They do this through extensive visits, involvement in local events and ceremonies, and the delivery of addresses. They also recognise exemplary accomplishments and contributions in the Queen's name by awarding honours to Canadians. They associate themselves with the pursuit of excellence in various fields, from physical fitness to fine arts, Arctic sovereignty to human rights, and provide leadership to Canadians through associations with numerous Canadian service, humanitarian, and youth groups.
Royal Tours are a reminder of Canada's collective heritage and status as a constitutional monarchy and a parliamentary democracy. They serve to bring to life the institution of the Canadian Crown through close-up encounters with the Queen and other members of the Royal Family. They also help to keep timely issues in the public consciousness and highlight a sustained commitment to building a stronger and more inclusive society.
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Frequently asked questions
No, Queen Elizabeth is not above the law in Canada. While the Canadian Constitution grants sweeping political powers to “the Queen,” declaring that “the executive government and authority of and over Canada” is vested in her, Canada operates as a constitutional monarchy, in which the monarch agrees to delegate powers to the nation’s elected politicians, rather than use them.
Yes, Queen Elizabeth II was the Queen of Canada. Under the terms of the Canadian Constitution, the king or queen of the United Kingdom will always be recognized as the king or queen of Canada.
The Queen of Canada is the head of Canada's parliament and the commander-in-chief of the Canadian armed forces. The monarch is represented at the federal level by the Governor General and in each province by a Lieutenant Governor.
