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

The Senate Chamber - the
upper house of the Canadian
Parliament
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?

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


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.
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.


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.


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.




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