For “Traditional Norms on Gender and Sexuality,” Is in Tension with Its
Total Page:16
File Type:pdf, Size:1020Kb
for “traditional norms on gender practice is used to support and sexuality,” is in tension the ongoing importance and with its celebration of the ever- relevance of the Crown in expanding expanding individual Canada. Contributions cover a autonomy that has undermined wide range of topics including these very norms. This is an the tenure of the fourth Governor interesting, but underdeveloped, General, the Crown and Quebec, claim which demands further recent changes to the Law of reflection. Succession, the use of prerogative Wide-ranging, stimulating, powers, and the Crown’s and brimming with insight, this relations with First Nations. work is an excellent addition Overall, it is a useful collection to existing scholarship on describing how and why the the character of Canadian Crown is still relevant in today’s conservatism. Canada. For those who believe in the value of the monarchy, this Mathew Giroux book provides ample justification M.A. candidate (History), for their convictions. Laurentian University The complex nature of the Crown in its multiple Canada and the Crown: Essays relationships involving on Constitutional Monarchy, relevant to those who question the United Kingdom, the edited by D. Michael Jackson the value of the Crown as an Commonwealth, Canada, and Philippe Lagassé, Institute undemocratic institution and a and the provinces is currently of Intergovernmental Relations, pointed reminder of our colonial being revealed through a legal Montreal, 2013, 312 pp. past. For others, however, the challenge in the Quebec Superior Court. The case questions the and Queen’s long reign represents the best of a modern monarchy; its process followed by Ottawa to The Crown and Canadian stability, continuity and almost accede to changes to the rules Federalism, by D. Michael mystical prestige provide a of succession implemented Jackson, Dundurn, Toronto, counterpoint to the leadership by statute at Westminster. 2013, 336 pp. of government that, at its worst, Following their approval by all is often seen as too partisan and the Commonwealth realms, these he Diamond Jubilee of Queen changes will allow a first-born Elizabeth, celebrated in divisive. T Explaining and defending the child, regardless of sex the right 2012, provided monarchists and to inherit the Crown. They will constitutionalists alike with an Crown in Canada has become the mission of a number of scholars, also eliminate some restrictions opportunity to re-examine the with respect to marriage of significance and role of the Crown writers and parliamentarians. Chief among them are D. Michael members of the Royal Family to as a part of Canada’s identity and Catholics. The court challenge is government in the 21st century. Jackson, David Smith, Serge Joyal and Christopher McCreery. They based on the degree of consent The task was not without its required under the Constitution challenges. For many, there is and others have contributed essays to Canada and the Crown: Act, 1982 to effect these changes. something curious about having The federal government insists the person who is Queen of the Essays on Constitutional Monarchy. This is the second volume on that it has the authority, acting United Kingdom as Canada’s on its own, to give Canada’s Sovereign as well as the head of this topic to be published in recent years by the Institute of approval to these new rules of state of more than a dozen other succession. The opponents, two realms of the Commonwealth. Intergovernmental Relations of Queen’s University – the first, professors from Laval University, The fact that Elizabeth II is contend that approval requires personally respected, admired The Evolving Canadian Crown, appeared in 2010. In this new the consent of all the provinces and even revered, for her sense under the section 41 unanimity of duty and near faultless service collection, a mix of history, constitutional theory, law and clause. The case is now scheduled over many years is not really to be heard next June. CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 43 model for the modern state. For way that acknowledges serious others like David Smith and questions about the value or Robert Hawkins, the higher the need for the institution in profile of the modern Governor the 21st century. This point General actually supports the is clearly underscored by the need to maintain the British title of the book’s summary dimension of the Canadian essay by Philippe Lagassé, Crown. The short tenure of the “The Contentious Canadian Governor General challenges the Crown”. It is also evident in occupants of that office to fully the essay by Peter Russell and comprehend and exercise their his lament for an educational vice-regal duties. They argue that system that does not adequately abandoning the direct connection teach an understanding of the to the Queen would risk the Crown’s role. Similarly, the loss of non-partisan stability advocacy for the use of Cabinet and continuity anchored in a Manuals, by James Bowden hereditary monarchy older than and Nicholas MacDonald, Canada itself. Indeed, the British to clarify the processes that Sovereign serves as the model should be followed in difficult for the Governor General in the constitutional situations implies This court case touches exercise of both its dignified and some misgivings about the upon two of the major themes its efficient responsibilities. ability of government officials raised in Canada and the Crown: Likewise, the Canadianization to deal adequately with unusual the Crown’s unambiguous of the constitution raises other circumstances, such as the British identity and its pivotal questions about the future prorogation episode of 2008. The role in Canada’s constitutional sustainability of the Anglo- speculation that subsequently architecture. For many, the British Canadian Crown. Originally swirled around the Governor reality of Canada’s Sovereign a British statute passed by General raised concerns about the recalls a time when the nation Westminster acting in its political involvement of the office was not independent and when imperial capacity, the British in carrying out its constitutional tolerance of anything non-British, North America Act was finally responsibilities. This aspect of if it existed at all, was limited to a patriated as the Constitution potential partisanship is also begrudging acknowledgement of Act, 1867 and augmented by raised by Richard Berthelsen in the French fact. Little of this has the Constitution Act, 1982, with his account of the history of the anything to do with the Canada the inclusion of a long-sought Speech from the Throne. Contrary of today, which openly embraces amending formula and the to the tradition of Openings of official bilingualism and Charter of Rights and Freedoms. Parliament at Westminster, where celebrates the cultural diversity More and more, Canada has the speeches are invariably short, of its large immigrant population. assumed, and continues to amounting to little more than a In addition, the successful develop, its own distinct identity list of bills to be introduced by Canadianization of the office of beyond its rich inheritance from the Government over the session, the Governor General, including Britain. Can the current Crown the Speeches from the Throne the popular tenure of two recent in its multiple relationships and delivered by the Governor occupants who were born outside compound capacities continue General are becoming longer and the country, also encourages to be a meaningful focal point more clearly partisan in flavour. some, including contributor of executive powers, legislative Over the long term, the essential John Whyte, to believe that the functions and judicial authority? neutrality and impartiality of time has come to let go of the Most of the authors of Canada and the Governor General is being British Crown and consider an the Crown believe that it can and compromised. David Smith, a alternative model of government. should. staunch believer in the Crown, Whyte contends that a hereditary regretfully acknowledges this Nonetheless, some of these monarchy is a poor reflection of trend by noting how the position authors express their support Canada’s social values and that of the Queen and its Canadian for the Crown defensively, in a civic republicanism is a better surrogate has been depreciated 44 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 in every significant respect. of The Crown and Canadian depend exclusively on the law. While acknowledging how the Federalism. D. Michael Jackson It relies more fundamentally on current government has done is an unwavering champion the support and consent of the much to elevate the status of the of the Crown. His position on people who appreciate and value Sovereign, Smith also recognizes its value in Canada’s history the Crown in all its dimensions. that the government is prepared is exuberant throughout his This support is harder to secure, to utilize the surrogate for plainly well-paced account, which but as the publication of these political purposes. This reality as focuses particularly on the role two books attest, there are those well as other factors undermines and powers of the Crown’s who are willing to make the the desirability of using the office representatives in the provinces, effort. of the Governor General to build the Lieutenant Governors. As a remedial relationship with the Jackson readily admits, his Charles Robert First Nations, a topic explored text “contains modest original Principal Clerk, in separate essays by Stephanie research” with little reliance on Chamber Operations and Procedure Danyluk and Jim Miller. primary sources. Instead, his at the Senate of Canada The contributors who take book seeks to benefit from the a more historical perspective recent research of others and The Global Promise of seem less encumbered by this communicate their results to Federalism, edited by Grace defensive approach. Carolyn a wider public, “providing a Skogstad, David Cameron, Harris, for example, presents readily accessible exploration Martin Papillon and Keith an interesting assessment of the and explanation of the Crown Banting, University of Toronto Marquis of Lorne as the fourth and Canadian federalism.” In his Press, Toronto, 2013, 312 pp.