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Part 4: Queen Elizabeth, Canada's Chief Watchdog

Posted: 06/01/2012 8:39 am

Tim Knight, who started out British and became Canadian, writes the regular HuffPost column Watching the Watchdog. Last Monday he began a six-part series on the Queen of Canada -- whose Diamond Jubilee celebration starts next Saturday.

He uses Elizabeth's Canadian titles as a focus for the series:

"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."

To try to understand who this Queen of Canada is, what she does and how she does it, Knight wrote a background last Monday. On Tuesday, he started examining her Canadian titles one by one.

Then, he looked into the second and third parts of the Queen's titles "... by the Grace of God ..." and "... Of the United Kingdom ..."

Today he explores the fourth part of her title.

... Canada ...

At the 2010 Canada Day festivities on Parliament Hill, Elizabeth started her speech by addressing the 100,000-strong audience as "fellow Canadians..."

As a Canadian, Elizabeth is our "guardian of constitutional freedoms." In law, she personifies the state and is the symbol of both its authority and its unity.

She's custodian of the Canadian Crown's democratic powers and represents the "power of the people above government and political parties." Which makes her our chief watchdog -- if mostly absent and toothless.

She's visited Canada twenty-five times -- more than any of her other Realms and Territories except the United Kingdom, where she lives.

As Commander-in-Chief of the Canadian Forces and Honourary Commissioner of the RCMP, Elizabeth is Canada's highest-ranking military officer and top cop.

She's titular owner of all Crown lands (90% of Canadian territory), Sovereign of the Order of Canada, Chief Scout of Canada, formal guardian of Canada's foster children, and employer of all government staff including MPs and judges. Canadian passports and currency are issued in her name. Most bear her likeness.

During her 60 years on the Canadian throne, 11 Canadian elections have been called in her name and 11 Canadian prime ministers duly appointed. All members of Parliament must swear allegiance to her before they sit.

Oddly, the independiste Bloc Québécois, doesn't seem to have much of moral problem with the oath:

Je, [nom], jure que je serai fidèle et porterai une vraie allégeance à Sa Majesté la Reine Élisabeth II. Translation:

I, [name], do swear, that I will be faithful and bear true Allegiance to Her Majesty Queen Elizabeth II.

Perhaps they keep their fingers crossed.

Any institution as peculiar as Canadian monarchy has to have a few anomalies.

Theoretically, Elizabeth can embark on a lifetime of crime in Canada without fear of punishment. Since she's "the fount of Canadian justice," she can't be prosecuted in her Canadian courts because that would mean she judges herself.

Less theoretically, should Canada go to war with any of Elizabeth's other Realms and Territories, as monarch of all she would be at war with herself.

Practically -- to honour the traditional Westminster separation of powers -- she's the only person in the world barred from entering the House of Commons, so has to deliver her Canadian throne speeches from the nearby Senate.

Somewhat ironically, Elizabeth's representative in Canada is the Governor General who's supposed to be above politics but is chosen and can be fired by the Prime Minister of the day. To critics, it's something like letting the home team appoint the referee.

Also known as the Right Honourable Viceroy, the Governor General's main duty is to write a letter to Elizabeth every Thursday keeping her up to date on events in her Canadian realm. Otherwise, it's a mirror image of her own job.

The Governor General reads speeches, signs documents, cuts ribbons, plants trees, shakes thousands of hands and is expected to solve the very occasional constitutional crisis. The 10 provincial Lieutenant-Governors carry out lesser versions of the same ceremonial and constitutional role.

The bill for these 11 people who represent Elizabeth in Canada adds up to more than $50 million a year -- $1.53 from every Canadian. Which is a lot more than the 94 cent tribute paid by her British subjects.

(For that money you can buy enough mosquito nets to save five million African children from malaria. Or more than one hundred Rolls-Royce Phantom limousines. Whichever you prefer.)

A couple of years back, fewer than one out of four Canadians could name Elizabeth as Head of State. Nearly half believed the monarchy was "an irrelevant relic of the colonial past." More than half wanted to cut ties after Elizabeth's death.

Today -- in spite of the recent Canadian tour by Elizabeth's grandson and heir-to-the-heir Prince William and his bride -- not much has changed. An online Angus Reid poll earlier this month found two out of three Canadians would rather live in a republic than a monarchy. Two out of five simply don't care.

The same survey says three of four Canadians have a favourable view of Prince William and almost half would rather have William, rather than Charles, as King of Canada after Elizabeth's death.

Which means, at least in this poll and at the moment, most of us Canadians want to live in a republic with our own elected leader instead of in a monarchy under an hereditary king who lives in another country, 3,500 miles away. Even so, we believe that if there has to be a Canadian crown, Elizabeth's grandson, not her son, should wear it.

All this foreshadows monumental constitutional headaches.

Declaring a Canadian republic will be nearly -- but not quite --impossible. It requires the unanimous consent of the federal parliament and each of the provincial parliaments. This in a country in which the feds and provinces seldom agree on what time of day it is.

Charles could, of course, voluntarily giving up his right to the Canadian throne in favour of his son. He certainly doesn't need the money. But after all these years of watching, waiting and, no doubt, rehearsal, that's highly unlikely.

Anyway, there's no constitutional way -- either in Britain or Canada -- for the crown to skip a generation.

It goes to heir. Or, in a recent reform, the heiress.

No discussion.

Tomorrow, comes the fifth part of this series when Knight looks at the next two parts of Elizabeth's title: " ... and Her Other Realms and Territories ..." and "... Head of the Commonwealth ..." Saturday will bring the final installment. Stay tuned.

 

Follow Tim Knight on Twitter: www.twitter.com/TimKnight6

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Tim Knight, who started out British and became Canadian, writes the regular HuffPost column Watching the Watchdog. Last Monday he began a six-part series on the Queen of Canada -- whose ...
Tim Knight, who started out British and became Canadian, writes the regular HuffPost column Watching the Watchdog. Last Monday he began a six-part series on the Queen of Canada -- whose ...
 
 
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12:40 PM on 06/01/2012
Is anyone else, reading this, surprised that HP gave 5 days of postings for this seemingly one sided opinion piece? I don't feel this is anything other that a long, drawn out essay on his personal opinion on the lack of relevancy of the Monarchy - and sort of insulting at this time, as opposed to at another time of year, when people are celebrating the Queen's 60 years - and, no one who experienced WW 2, can debate the Queen's, and the Queen Mother's, visible and hands on commitment to England during the war. I think this series, while appropriate as an opinion piece (not needing 5 days and just filled with repeating ideas), might have been best presented at another time.
HUFFPOST SUPER USER
Skookum1
truth can't be bought, but lies sure can be sold..
11:51 AM on 06/01/2012
Our constitution has to not just change but get ditched and written from scratch like the Icelanders have done; the amending formula of the Trudeau Constitution, as I call it, was created specifically and very pointedly to make any real change impossible. Instead we are left with first ministers using convention = "what you can get away with" - as a way to change the country and the provinces to empower them to now-authoritarian and dictatorial levels. And in saying this I'm still a monarchist, I believe in HER more than any of our politicians; she DOES have the power to intervene on behalf of the people, but only if the people stand up and demand it. But we've been trained to be obedient shopping-mall and hockey game-going drones without any political spine ....well, except Quebec's students that is, and native activists.....
HUFFPOST SUPER USER
Skookum1
truth can't be bought, but lies sure can be sold..
11:50 AM on 06/01/2012
"Theoretically, Elizabeth can embark on a lifetime of crime in Canada without fear of punishment. Since she's "the fount of Canadian justice," she can't be prosecuted in her Canadian courts because that would mean she judges herself."

The further element in that is that because the government operates in her name, they also can't be sued and have - as British Columbians know all too well - embarked on a career of criminal behaviour for which there is no way to stop them according to the notion the Crown cannot investigate or prosecute the Crown. In the BC Rail case, the massive collusion involved in that whole sordid affair included people operating in the Crown's name and with the Crown's mandate - the Attorney General, the judges, the RCMP - operating in collusion to protect the government of the day not just from investigation but from prosecution . Talk about the fox being given control of the henhouse......and the whole damn farm.
10:59 AM on 06/01/2012
While I appreciated the richness of the history surrounding the various royals of the world, I have to be honest and put myself in the camp of those who don't care. The fact that we are still tied to the British monarchy (regardless of whether it is in name only) seems a little silly, but is it really worth the time and cost to become a republic just to remove the monarchy from our oaths? If what Tim writes about the Governors General is true...

"The bill for these 11 people who represent Elizabeth in Canada adds up to more than $50 million a year -- $1.53 from every Canadian. Which is a lot more than the 94 cent tribute paid by her British subjects."

...then perhaps it is worth the considerable effort.

Let me know your thoughts, dear Canadian readers.
10:37 AM on 06/01/2012
"Declaring a Canadian republic will be nearly -- but not quite --impossible. It requires the unanimous consent of the federal parliament and each of the provincial parliaments. This in a country in which the feds and provinces seldom agree on what time of day it is."

I agree that it would be difficult, but not impossible. I'm willing to bet that our citizens would be receptive to the idea of creating a Canadian republic and would be willing to engage politically in order to achieve this end. Hard work, yes; but it is a worthy cause. I would like to see all ties to the monarchy cut. Not out of animosity, but the royals are truly irrelevant where Canada is concerned.

As far as "the traditional separation of powers", isn't that idea absent in a Parliamentary system such as ours? Harper and his Cabinet ministers are members of the legislative branch of government, as Parliamentarians representing their constituents, yet they are also members of the executive branch as Prime minister and Cabinet. So in this Parliamentary system, the division of powers is not quite that cut and dry. This is something that SHOULD change.

One little end note: I would like to see all references to God removed from SECULAR, CIVIL, CONSTITUTIONAL documents. I know that this could also be a thorny issue, but it's just my opinion.
thephuqqer
not the chicken plucker.
09:58 AM on 06/01/2012
When it was suggested she ask Harper for his resignation.......................she politely declined; such grace.
09:03 AM on 06/01/2012
I agree that the time has come to start the discussion and develop a process that would make us a republic. HOWEVER, out of everything you've said, the one item that popped out at me was this:

"Less theoretically, should Canada go to war with any of Elizabeth's other Realms and Territories, as monarch of all she would be at war with herself."

The peace that Commonwealth nations share is nothing to be sneered at. The UN does a far worse job of keeping peace among its constituents (who aren't really constituents at all). Hmmmm.