A Crown of Maples - The Role and Powers of the Canadian Crown Today

The Queen and Parliament/Legislatures

Parliament Hill
The Parliament Buildings, Ottawa,
Ontario - seat of the federal
Parliament of Canada

In our parliamentary system of government, the executive branch -- the Prime Minister/Premier and cabinet -- is responsible to the legislative branch -- House of Commons/legislature -- and, by extension, to the people. Whether the government is federal or provincial, authority to govern ultimately flows from the Crown.

The Parliament of Canada consists of the Queen, the Senate and the House of Commons. In the provinces, legislatures consist of the Lieutenant Governor and the elected assembly. The Governor General and Lieutenant Governors, whose duties are discussed in greater detail in the following chapter, represent the Queen and exercise her responsibilities on behalf of the people.

Parliamentary democracy has fostered tolerance and flexibility - a good balance between individual rights and collective responsibilities. And this is because the constitutional monarchy has always placed the emphasis on people in community - as it were, a national family with the Sovereign as its head.

Queen Elizabeth II
Saskatoon, Saskatchewan
October 1987

We are all familiar with the pomp and circumstance involved in the opening of Parliament and the reading of the Speech from the Throne, which outlines the government's legislative plans for the next parliamentary session. Beyond the obvious pageantry of the moment, what precise role does the Crown play in the functioning of government?

It is the Queen's representative, upon advice from the Prime Minister or Premier, who appoints individuals to the cabinet, making them "Ministers of the Crown." Just as the Prime Minister and Premiers are the Queen's "first ministers," so too are cabinet members advisers to the Crown. Through its right to advise and to be advised, the Crown exerts what is perhaps its principal influence. Although they almost always accept the advice of ministers, the representatives of the Crown do have the right and, indeed, the duty to have their views taken into account.

The Mace of the House of Commons

The nineteenth-century British constitutional expert, Walter Bagehot, stated that the three rights of the Sovereign were the rights to be consulted, to encourage and to warn. Former and current Prime Ministers and Premiers in Canada have found that their meetings with the Queen's representative were invaluable in assisting them in the heavy responsibility of governing. The Crown's non-partisan and appropriately neutral position serves to reinforce stability in a discreet, behind-the-scenes manner.

The House of Commons
Chamber - the lower house of
the Canadian Parliament

It is in the name of the Queen that her representatives call Parliament or legislatures into session and dissolve it at the end of each respective term. When visiting the House of Commons in Ottawa or provincial/territorial legislatures, you can see a mace or staff resting in the chamber while it is in session. Bearing a Crown, the mace is a symbol of the legitimate right of the legislature to sit under authority of the Crown. As previously noted, all bills of the federal parliament and provincial legislatures must receive Royal Assent from the Crown. By introducing bills with the words "Her Majesty, by and with the advice and consent of...", we are reminded that it is the Sovereign, not the government, who is the ultimate guardian of our parliamentary democracy.

The Senate Chamber - the
upper house of the Canadian
Parliament

The granting of Royal Assent is itself another convention exercised by the Crown. While assent is rarely withheld, there are approximately ninety instances in Canadian history, all within provincial jurisdictions, when assent was not granted -- the last occurring in Prince Edward Island in 1945. Royal Assent has not been withheld in the federal jurisdiction since Confederation; indeed, the last such case took place in the United Kingdom in 1707. The power of reservation -- the referral of a provincial bill by a Lieutenant Governor to the Governor General for review -- last occurred with regard to a bill in Saskatchewan in 1961. As confirmed by the passage of time, this power could be considered by some to be obsolete.

Another of the Crown's prerogative powers is to ensure there is always a first minister -- specifically, a Prime Minister or Premier. After a general election, the incumbent Prime Minister/Premier makes clear his/her intention to resign from office as soon as a replacement has been appointed. The resignation is accepted by the Crown's representative once the Governor General or Lieutenant Governor has called upon the party leader holding a majority of seats in Parliament or legislature to form a government. The process seems straightforward. On the other hand, what happens when there is no majority -- a situation that has actually occurred frequently in Canadian political history?

Speech from the Throne 1957
Queen Elizabeth II reads the Speech from
the Throne in the Senate Chamber,
October 14, 1957 and October 18, 1977.

If no political party holds a majority, the Governor General or Lieutenant Governor calls on a member who he/she believes, upon careful reflection, might be able to command majority support. Although the incumbent Prime Minister or Premier has the initiative by constitutional convention, the final decision rests with the representative of the Crown.

Speech from the Throne 1977

A reality of "minority governments" is that their life is often quite short. If the government is defeated in the House of Commons or legislature on a vote of non-confidence, the Crown's representative must either dissolve Parliament by calling an election or call on yet another member to attempt to form a government that would enjoy majority support. Far from existing only in political theory, this prerogative power has indeed been exercised in Canada -- for example, in Ontario in 1985.

Since Confederation, Prime Ministers most commonly resign as a result of a defeat at a general election. Twelve Prime Ministers have been defeated and subsequently resigned, for a total of thirteen times, having applied to Mackenzie King on two separate occasions. However, the office can also be vacated due to other factors, such as resignation based on personal reasons, death or incapacitation. Since 1867, there have been eight such cases of prime ministerial "personal resignations," thereby making way for a new party leader who was then sworn in as Prime Minister. Among examples were the resignations of Prime Minister Chrétien in December 2003, who was succeeded by Paul Martin, and Prime Minister Mulroney in June 1993, who was succeeded by Kim Campbell. A personal resignation in a provincial jurisdiction took place in Alberta in December 2006 when Premier Ralph Klein resigned and was succeeded by Ed Stelmach.

I dedicate myself anew to the people and the nation I am proud to serve.

Queen Elizabeth II
Speech from the Throne
Ottawa, Ontario
October 1977

Once again, it is the responsibility of the Crown to ensure there is a new first minister and a government in office. Often, the choice is obvious; sometimes it is not. It falls to the Crown's representative to make sure that the interests of the people and the democratic system of government are respected and protected at all times.

Powers of the Crown

As I now address you here for the first time, I will call to your memory the words of the earlier Elizabeth, when, more than three centuries ago, she spoke from her heart, to the Speaker and Members of her last Parliament and said "Though God hath raised me high, yet this I count to the glory of my Crown - that I have reigned with your loves." Now, here in the New World, I say to you that it is my wish that in the years before me I may so reign in Canada and be so remembered.

Queen Elizabeth II
Speech from the Throne
Ottawa, Ontario
October 1957

Besides its prerogative powers, the Crown also has statutory powers as stated in law. For example, our Constitution lists specific authorities for the Queen and the Governor General, including the appointment of senators, judges of certain courts, Lieutenant Governors in the provinces, and members of the Queen's Privy Council for Canada. Lieutenant Governors have the power to appoint members of the provincial Executive Council or Cabinet.

Although the Governor General and Lieutenant Governors are, in theory, free to refuse the advice of the Privy Council or Executive Council, in practice, they almost never do. Nevertheless, circumstances may give rise to a grave difference of opinion between the Crown's representatives and their advisors. Here, a special and generally less known area of the prerogative power, known as "reserve powers," comes into play.

Governor General Michaëlle Jean
signs a Royal Proclamation,
dissolving (terminating the life of)
the 38th Parliament of Canada and
authorizing the holding of a federal
election (held on January 23,
2006). Rideau Hall. Ottawa,
Ontario. November 29, 2005.

These powers are a form of authority that can be used by the Crown's epresentatives only in exceptional or extenuating circumstances. Usually, the Queen's representatives entrust the use of the Crown's historical right of political power to elected politicians. As long as the government has the support of a majority of members in the House of Commons or legislature, the Governor General / Lieutenant Governor must follow the advice of the government.

Witnessed by Her Excellency the Governor General, Stephen Harper takes his oaths and becomes Canada's 22nd Prime Minister. Rideau Hall. Ottawa, Ontario. February 6, 2006.

Governor General Michaëlle Jean with the newly installed 28th Canadian Ministry under the leadership of Prime Minister Stephen Harper. Rideau Hall. Ottawa, Ontario. February 6, 2006.

As previously noted, the Governor General or Lieutenant Governor has the reserve power to select a new Prime Minister or Premier if the current one resigns or dies while in office. Although the most common cause for a resignation is the loss of an election, there may be other reasons as well.

Normally it is obvious which candidate should be appointed as first minister. However, on occasion the choice might not be clear and the Queen's representative may exercise some discretion with the appointment. Given that the resignation of the Prime Minister or Premier involves the resignation of the entire Cabinet, this reserve power is extremely important. It ensures there will always be a legitimate government in office with the authority to govern.

The representative of the Crown also has the power to dismiss or force the resignation of the Prime Minister or Premier. This is one of the most sensitive decisions that any Governor General or Lieutenant Governor can be called upon to make. It is made only under the most serious circumstances. For example, if a Prime Minister or Premier were to lose the support of a majority in the legislative body on a vote of non-confidence and then refuse to resign, there could be justification for dismissal. In a broader application, a Prime Minister or the government could be dismissed if the Governor General believes an exceptional situation has created a crisis of confidence in government. This power has been exercised on five occasions in Canadian provinces: Québec in 1878 and 1891 and British Columbia in 1898, 1900 and 1903. This power has not been used in Canada for the federal government, but it was exercised in another Realm of the Commonwealth: by the Governor General of Australia, in 1975.

For the Monarchy is much more than a person. It embodies the constitutional framework of our freedoms, the set of beliefs and attitudes of tolerance that make up this great country and make it distinctive. The Queen is the symbol of what we are today and the history of which we are the result and which is part of us.

The Honourable
Henry Jackman
Lieutenant Governor
of Ontario
November 1994

The Governor General or Lieutenant Governor also has the right to dissolve Parliament or the Legislature. This is normally carried out on advice from the Prime Minister or Premier when an election is sought at the end of a term in office. However, a Prime Minister or Premier can ask for a dissolution at any time. While there are some jurisdictions that have fixed election dates, this does not affect the above-mentioned constitutional principle. Equally, the representative of the Crown can refuse dissolution. In 1926, Governor General Lord Byng exercised reserve power to reject Prime Minister Mackenzie King's advice to dissolve Parliament; instead, the Governor General called upon the Leader of the Opposition to form a government.

As we have seen, the Crown can also, in theory, refuse to give Royal Assent to bills passed by the federal Parliament or provincial legislatures, though this power has been used very seldom.

The uniquely Canadian design of the Queen's Golden Jubilee Flag ( 2002)
Golden Jubilee Flag and Medals

Honouring Our Queen and Our Fellow Citizens The Coronation (1953), Silver Jubilee (1977) and Golden Jubilee (2002) Medals honour both the Queen and thousands of outstanding Canadians. (12,500, 30,000 and 46,000 respectively were awarded to Canadians).

Canadian rock star Brian Adams unveils a Canada Post stamp honouring the Queen on the occasion of her Golden Jubilee as Queen of Canada. The image is based on a photograph of Her Majesty taken by Adams. Rideau Hall. Ottawa, Ontario. December 2003.

Although called upon only in extraordinary or extenuating situations, reserve powers of the Crown are in place for a specific purpose. In this regard, they should be seen as a safety valve to be exercised only as a last resort in preserving our democratic system of government.

A proud new Canadian citizen poses with her certificate beneath a portrait of the Queen of Canada.

Governor General Michaëlle Jean congratulates a young new Canadian at a special citizenship court on the 60th anniversary of Canadian citizenship. Ottawa, Ontario. February 16, 2007.

The Queen as Head of State: Personifying the Country

As Queen of Canada, Her Majesty Queen Elizabeth II is our head of State and a powerful symbol of Canada and Canadian sovereignty. As citizens of this country, we enjoy the benefit of a hereditary constitutional monarchy that embodies hundreds of years of tradition, mirrors our evolution into full statehood, and represents our democratic principles and institutions.

As the living embodiment of the Crown, Her Majesty is guardian of the Crown's power. At the same time, she unites all Canadians in allegiance and gives a collective sense of belonging to the country. When taking the Oath of Citizenship, new Canadians swear allegiance to the Queen, as do Members of Parliament and the Legislatures, military and police officers. We profess our loyalty to a person who represents all Canadians and not to a document such as a constitution, a banner such as a flag, or a geopolitical entity such as a country. In our constitutional monarchy, these elements are encompassed by the Sovereign.

It is not by accident that, in our daily lives, we hear terms that relate the Crown to the routine operations of government and the country. Whether it is a reference to a royal commission, the Court of Queen's Bench, Crown lands, the Queen's Privy Council for Canada or Crown corporations, all power and honour flow from the Crown. It is a remarkably simple yet powerful principle: Canada is personified by the Sovereign just as the Sovereign is personified by Canada.

Her Majesty Queen Elizabeth II greets school children from Bjorkdale School who, as part of a science project, travelled to the Canadian Light Source Synchrotron to meet with her. Saskatoon, Saskatchewan. May 2005.

Canada asks no citizens to deny their forebears, to forsake their inheritance - only that each should accept and value the cultural freedom of others as he enjoys his own. It is a gentle invitation this call to citizenship.
Queen Elizabeth II
Regina, Saskatchewan
July 1973

Governor General Jeanne Sauvé marks the Canadian Children's Project

Governor General Jeanne Sauvé and young Canadians mark the Canadian Children's Project "Dear World / Cher Monde". Rideau Hall. Ottawa, Ontario. November 1986.

The Honourable Norman Kwong Lieutenant Governor of Alberta

As the Lieutenant Governor, I have the honour of helping to promote our Canadian traditions. One of my favourite parts of the job is hosting young Albertans at the Legislature. There is a rare, signed 1955 portrait of Her Majesty hanging in the Lieutenant Governor's suite. Every school visit we host at the suite ends with the group posing in front of the portrait to take a picture. Once the group has cleared away, the kids will often sneak back to take a photo of just theQueen. They understand that the portrait is a significant and meaningful symbol. It also tells me that our connection to the Monarchy is a powerful one, that it will endure for generations to come. It will ensure because it is an essential part of who we are as Canadians.

The Honourable Norman Kwong
Lieutenant Governor of Alberta
Edmonton, Alberta
April 2007

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