Charles King of Canada, and a good thing too!

King of Canada, and a good thing too!

The Coronation was a singular pivotal event of my lifetime. It was worth watching the whole program. Most do not understand the basic importance for Canada. There has been much fluff media comment about the “likability” of Charles III, do we want a sovereign, and what is the relevance of the monarchy especially to younger Canadians.

That conversation is only useful if it stirs us to become more informed about how our democracy is protected by the Crown, and how Canadian governance works.

The great Canadian game of hockey must have impartial referees to make sure players obey the rules, so teams have a fair chance. Without an honourable referee system, hockey cannot succeed. The role of the monarch is similar to a referee or an umpire. Our system is called a Constitutional Monarchy.

There is a long story of Canada’s evolution from local tribal peoples and unwritten limits of behaviour and power, to imposed written law and order. Our inherited democracy has gradually matured as Canadians have confirmed our borders and imposed emerging democratic intuitions, balancing freedoms and responsibilities. The Canadian governance stream flows from England, where the monarch’s first duty is to maintain the rule of law and social order by ensuring there is a legally functioning democratic government. The monarch reigns but does not rule.

To symbolize our way of life in Canada’s democracy, our sovereign or the legally delegated representative of the Crown must officially open each session of Parliament and provincial legislature. Nothing approved by Parliament or a provincial legislature becomes law until it has received Royal Assent and is duly proclaimed. It is one part of ensuring that the rules of the game (the Constitution and conventions) are followed. It is the picture of the sovereign that is found in our courtrooms and government buildings, not a prime minister. Criminal offenders have disturbed the King's Peace and stand before that authority, as prosecuted by the Crown Counsel.

The Coronation reminds us of our history: First Nations, then French and British settlers, all believing in the need for a hierarchy of a chief or royal authority. Canadians chose to be a constitutional monarchy emerging from colonialism to write our first version of our Constitution that was authoritatively proclaimed by the British Crown in 1867. Canada’s monarchy guarantees responsible government in our land. A prime minister or premier and cabinet only hold office, as long as they have the voted support of the House of Commons or Legislature.

Canada is an independent nation, yet we reflect our historical character by sharing our monarchy with fourteen other countries in the Commonwealth of Nations. The Crown promotes a stable political process, where the results of fair elections determine who governs, not violent acts such as war, revolution, or coercive dictatorship. The monarch promotes Canadian values such as tolerance, playing by the rules, peace, order, and giving service to the community.

In our form of government, not all the rules are written down, but some are based on conventions — the way things have been expected to be done and there is agreement on the correct and normal thing to do.

One can understand the wisdom of a fire extinguisher and most will never need it. But we are glad they are there, as their presence reminds us of our responsibility for safety. Similarly, the Crown’s “reserve” powers are seldom used; but because they exist, we are protected from the frailties and temptations of leadership power. Due to the back-stop of the monarchy, both law and convention yield continuity of a peaceful orderly prosperous society.

In the preamble of our Constitution Canadians wrote of the desire of the original four provinces to be federally united into one Dominion under the Crown of the United Kingdom and Ireland, with a constitution similar in principle to that of the United Kingdom.

King Charles's coronation has reignited a discussion in Canada, about whether it makes sense for the country to be tied to the monarchy in 2023. Polls show an ambivalence and popular support for the monarchy has been declining. This is because our schools don’t teach and the culture is impatient. Moreover, Canada’s constitutional framework makes it incredibly difficult to sever ties with the monarchy.

It may be a surprise to some, that it is impossible to legally abolish the monarchy in Canada and replace it with another structure. Accept it. It is impossible to acquire the required voted political unanimity of Parliament and all provincial Legislatures, plus perhaps the help of a national referendum.

The Canadian constitution sets a very high bar of unanimity for making fundamental changes to the monarchy, including abolishing it. That is a higher standard than the general amending formula required for other constitutional amendments, which require the agreement of both Houses of Parliament and at least seven provinces representing 50% of the Canadian population. Although it’s not explicitly outlined in the Constitution for removing the monarchy, consultation with indigenous peoples would be required.

Although political parties fail and are orderly replaced, the Crown endures providing stability and defence against a rogue lawless regime. Since our basic system works, there is no obvious better system available to improve and replace what we fortunately have. Interestingly, the enemies of our democratic system seek to undermine the reputation and public support for the Crown as a stepping stone to overcoming our democratic institutions.

Our system of responsible government cannot work without a formal head of state who is possessed of certain reserve powers. The flexible and not exhaustively written reserve power of the Crown under our Constitution is an essential safeguard of democracy.

The oaths and prayers of the Coronation were many but essential. There were five main elements: the Recognition; the Oath; the Anointing; the Investiture and Crowning. The printed program was entitled “Celebrating Community Faith and Service”.

Having fulfilled his legal and constitutional obligations to the nation and the realms, the King offered an answer in prayer in response to the promises made. His prayer reflected the theme of loving service. It was inspired by the biblical language of Galatians 5 and also the hymn “I vow to thee my country”, inspired by Proverbs 3.17.

The King prayed: “God of compassion and mercy whose Son was sent not to be served but to serve, give grace that I may find in thy service perfect freedom and in that freedom knowledge of thy truth. Grant that I may be a blessing to all thy children, of every faith and conviction, that together we may discover the ways of gentleness and be led into the paths of peace, through Jesus Christ our Lord. Amen”.

The world watched as it was confirmed that the moral and legal authority of the Crown comes from God, and not mere inheritance or invention. 

The monarch has numerous theoretical personal prerogatives, but beyond the appointment of a prime minister, there are in practice few circumstances in modern government where these prerogatives would be justifiably exercised and they have rarely been exercised in the last century. Lists of powers have been published in reports but a comprehensive catalogue of prerogative powers has never been produced.

For example, the Crown could refuse to dissolve Parliament when requested by the prime minister such as the King-Byng affair of 1926 which all High School children learn. A prime minister and the government could be dismissed on the monarch's own authority if such a national crisis required it and the people demanded it. This was last done in Britain in 1834 by King William IV.

The Crown summons and prorogues Parliament. It is the head of the armed forces. It grants honours. It could solve a hung Parliament. However, the monarch plays no role in the day-to-day affairs of state in Canada. Those duties — including dissolving Parliament, swearing in a new government, and granting royal assent so bills passed by Parliament become law — are delegated to the monarch’s representative in Canada, the Governor General, all within the realm of political neutrality.

The Federal Court of Canada has said: "Whether it is wise for Canada to maintain its linkages to the British Monarchy is a matter for debate and resolution in the political sphere. Since its inception, Canada has made several legislative and constitutional changes by which our historical dependence and linkages to the British Crown have been reduced. This is fundamentally a political and democratic process driven by an evolving consensus within the Canadian polity. But the fact remains that our present ties to the British Monarchy are constitutionally entrenched and unless and until that is changed there is legitimacy within our institutional structures for demanding, in appropriate circumstances, expressions of respect and loyalty to the Crown. A refusal to display loyalty and respect to the Queen where required by policy would not only be an expression of profound disrespect and rudeness but it would also represent an unwillingness to adhere to hierarchical and lawful command structures that are fundamental to good discipline."

The bottom line is that the institution of the monarchy in Canada is not subject to the whims of popularity, the polls, or media image. It is us, regardless of personal views. Opinions do not change the constitutional reality. Thankfully, Canada is a Constitutional Monarchy and not an American Republic.