Wednesday, June 23, 2010

A Little Bit More on the Monarchy

In any case someone was wondering, I had no idea Betty and Phil were dropping in on Canada on the 28th rill July 6th and this is not driving these posts at all, I just needed some diversion from some deep analytical work on land tenures for client in Northern BC.

I was thinking about the succession thing and as far as I can tell, the rules of succession for the throne are contrary to the Canadian constitution.

  • Catholics are banned - this is the main religion in Canada and means the monarch can never have the same faith as the largest number of Canadians.  It is also clearly discriminatory and contrary to the charter of rights and freedoms and to the Constitution.  I know this was argued in 2002 and dismissed because the English Act of Settlement is considered part of the Canadian constitution.   I find the arguments in the judgement very weak.   Someone needs to argue this in a better manner again.
  • The succession is primogeniture, I am certain this is contrary to the charter of rights and freedoms.  Once again, how can an over 300 year old English Act bind Canadians today?
  • If the act of Settlement is considered part of the Canadian Constitution, maybe the approach should be to nullify this act of parliament?  If it is part of Canada's constitution, we have jurisdiction to challenge it.
  • Is the monarch a Canadian Citizen?   If not, how can a foreigner be allowed to be sovereign?
  • By what right does the monarch become the monarch?  What decision of the will of the Canadian people vest the sovereign with that role?
  • In 1937 Canada passed an Act of Succession of the Throne - a clear statement by the Canadian parliament that is was not bound by Acts of the UK parliament.

We come now to the title of the Queen
Her Majesty 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, Sovereign of the Order of Canada

  • How can she be the second?  She is the first Elizabeth to be queen of Canada.  Using second is an assumption that we are inferior to the UK in precedence and sovereignty.
  • The Queen is called the Defender of the Faith - this seems to indicate a state religion as it is the statement of her equivalence to the Pope.

People tell me it does not matter, she is not relevant and just ignore her.   That is the status quo in Canada that I suspect the majority of Canadians subscribe to.   I suspect to the majority of Canadians she is a foreigner.   I know the monarchists do not believe this and neither do republicans.  

I am a by nature a 'republican'  I believe it is important that the sovereignty of the nation has to be vested in the democratic will of the people.

The issue is not important enough for me to do anything about it, but that does not change the fact that the monarchy is not in sync with Canadian values or the Canadian constitution.   We should some day fix this and have our one elected head of state.

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