The Canadian Kingdom by D. Michael Jackson

Author:D. Michael Jackson
Language: eng
Format: epub
Publisher: Dundurn
Published: 2018-03-13T04:00:00+00:00

Notes

1. This case was launched by two law professors at l’Université Laval. The Quebec Superior Court has given an initial decision, Motard c. Canada (Procureure générale) 2016 QCCS 558, and the matter is being appealed to the Quebec Court of Appeal at the time of writing this chapter. The issue is almost certain to be further appealed to the Supreme Court of Canada.

2. In a notable exception to the new powers of Canadian legislatures, the British North America Act became fully amendable in Canada only with the passage of the Constitution Act, 1982.

3. Other lesser known constitutional connections with the United Kingdom lie in sections 55 through 57 of the Constitution Act, 1867. Section 55 gives the governor general the option of reserving a bill passed by the two houses of parliament “for the Queen’s pleasure.” Section 56 requires that the governor general send copies of any acts of Parliament to the British government; the British government has the power to ask the Queen to disallow Canadian legislation within two years of its passage through the Canadian Parliament. In dealing with reserved bills, the British government has the option of advising the Queen to either give royal assent or not. However, constitutional conventions have nullified the governor general’s power to reserve a bill, the duty to send copies of legislation to London, and the British government’s powers of disallowance.

4. See D. Michael Jackson, The Crown and Canadian Federalism (Toronto: Dundurn, 2013), 38–54; Serge Joyal, “La Couronne au Québec: de credo rassurant à bouc émissaire commode,” in Canada and the Crown: Essays on Constitutional Monarchy, D. Michael Jackson and Philippe Lagassé, eds. (Montreal and Kingston: McGill-Queen’s University Press, 2013), 33–61; and Donal Lowry, “The Crown, Empire Loyalism and the Assimilation of Non-British White Subjects in the British World: An Argument Against ‘Ethnic Determinism,’” Journal of Imperial and Commonwealth History 31, no. 2 (2003): 96–120.

5. Statistics Canada’s inclusion of “Canadian” as a permissible option for Canadians describing their ethnic origins in the national census, surprisingly, dates only from 2006.

6. Royal Style and Titles Act, R.S.C., 1985, c. R-12, s. 2.

7. Department of Canadian Heritage, A Crown of Maples: Constitutional Monarchy in Canada (Ottawa: Government of Canada, 2012), 61.

8. Personal Canadian flags have been approved for the Queen, the Prince of Wales, the Duke of Cambridge, the Duke of York, the Earl of Wessex, and the Princess Royal. Government of Canada, “Canadian Flags of the Royal Family,” http://canada.pch.gc.ca/eng/1445001063704.

9. An interesting insight into the willingness to embrace some royal and Imperial symbols by Canadians of non-British origin is discussed in Christian P. Champion, “Courting ‘Our Ethnic Friends’: Canadianism, Britishness, and New Canadians, 1950–1970,” Canadian Ethnic Studies 38, no. 1 (2006): 23–46.

10. It should be noted that there was a backlash in some areas of the country, with both Manitoba and Ontario adopting their own provincial flags with variations on the red ensign in reaction to the adoption of the new national flag.

11. This localization of the military was reversed by the Harper government in

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