Originally compiled by D. Michael Jackson, CVO, SOM, CD, FSCC†
Contents
Introduction
This bibliography lists books, chapters in books, educational publications, articles in periodicals, and theses related to the institution of the Crown in Canada. It encompasses the constitutional, parliamentary and legal aspects of the Crown, including federalism; the Sovereign and the Royal Family; the viceregal offices; the relationship with the Indigenous Peoples; honours; the international dimension of the Crown in the Commonwealth Realms; and Canadian court cases involving the principles and jurisdiction of the Crown.
It was not possible to extend the scope of this bibliography to all works on the Crown published in the United Kingdom, from which Canadians derive and with which we share our constitutional monarchy. References are limited to those considered to be of relevance or interest to Canada, with the same approach for publications from Australia and New Zealand.
A first version of the bibliography, compiled at the suggestion of David E. Smith, appeared in The Evolving Canadian Crown, edited by Jennifer Smith and D. Michael Jackson and published by the Institute of Intergovernmental Relations of Queen’s University, Kingston, through McGill-Queen’s University Press in 2012. A revised version, with the addition of court cases on the Crown, appeared in Canada and the Crown: Essays on Constitutional Monarchy, edited by D. Michael Jackson and Philippe Lagassé, with the same publisher in 2013.
We express our thanks to those who assisted us with the bibliography, notably Philippe Lagassé, Warren Newman, Jonathan Shanks, and Geoffrey Little. Bibliographies in books by Anne Twomey[1] and Noel Cox[2] were of particular help. We welcome notification of any errors, omissions and additions for future revisions.
[1] The Veiled Sceptre: Reserve Powers of Heads of State in Westminster Systems (Cambridge University Press, 2018)
[2] The Royal Prerogative and Constitutional Law: A Search for the Quintessence of Executive Power (London & New York: Routledge, 2021)
Books
Ajzenstat, Janet. The Canadian Founding: John Locke and Parliament. Montreal and Kingston: McGill-Queen’s University Press, 2007.
———. The Once and Future Canadian Democracy: An Essay in Political Thought. Montreal and Kingston: McGill-Queen’s University Press, 2003.
Ajzenstat, Janet, Paul Romney, Ian Gentles, and William Gairdner, eds. Canada’s Founding Debates. Toronto: University of Toronto Press, 2003.
Ajzenstat, Janet, and Peter J. Smith, eds. Canada’s Origins: Liberal, Tory, or Republican? Ottawa: Carleton University Press, 1997.
Aldridge, Jim, and Terry Fenge. Keeping Promises: The Royal Proclamation of 1763, Aboriginal Rights, and Treaties in Canada. Montreal and Kingston: Queen’s University Press, 2015.
Allen, Robert S. His Majesty’s Indian Allies: British Indian Policy in the Defence of Canada, 1774-1815. Toronto: Dundurn, 1996.
Asch, Michael. On Being Here to Stay: Treaties and Aboriginal Rights in Canada. Toronto: University of Toronto Press, 2014.
Aucoin, Peter, Mark D. Jarvis, and Lori Turnbull. Democratizing the Constitution: Reforming Responsible Government. Toronto: Emond Montgomery Publications, 2011.
Bagehot, Walter. The English Constitution. London, 1867, 1873. Oxford University Press, 1961.
Baker, Dennis. Not Quite Supreme: The Courts and Coordinate Constitutional Interpretation. Montreal and Kingston: McGill-Queen’s University Press, 2010.
Barnett, Anthony, ed. Power and the Throne: The Monarchy Debate. London: Vintage, 1994.
Bastien, Frédéric. La Bataille de Londres: Dessous, secrets et coulisses du rapatriement constitutionnel. Montréal: Boréal, 2013.
Batt, Elizabeth. Monck, Governor General, 1861–1868: A Biography. Toronto: McClelland & Stewart, 1976.
Bédard, Michel, and Philippe Lagassé, eds. La couronne et le parlement / The Crown and Parliament. Montréal: Éditions Yvon Blais, for the Canadian Group for the Study of Parliament, 2015.
Bedell Smith, Sally. Elizabeth II: The Life of a Modern Monarch. New York: Random House, 2012.
———. Prince Charles: The Passions and Paradoxes of an Improbable Life. New York: Random House, 2017.
Berger, Carl. The Sense of Power: Studies in the Ideas of Canadian Imperialism. Second Edition. Toronto: University of Toronto Press, 2017 (first edition, 1970).
Bissell, Claude. The Imperial Canadian: Vincent Massey in Office. Toronto: University of Toronto Press, 1986.
Black, Charles E. Drummond. The Marquess of Dufferin and Ava… Diplomatist, Viceroy, Statesman. London: Hutchinson, 1903.
Black, Edwin. Divided Loyalties: Canadian Concepts of Federalism. Montreal: McGill- Queen’s University Press, 1971.
Blatherwick, John. Canadian Orders, Decorations and Medals. 5th edition. Toronto: Unitrade Press, 2003.
Bogdanor, Vernon. The Monarchy and the Constitution. Oxford University Press, 1995.
Bonney, Norman. Monarchy, religion and the state: Civil religion in the UK, Canada and the Commonwealth. Manchester University Press, 2013.
Bourinot, J.G., Manual of the Constitutional History of Canada. Montreal: Dawson Brothers, 1888.
Bousfield, Arthur, and Garry Toffoli. Fifty Years the Queen: A Tribute to Elizabeth II on Her Golden Jubilee. Toronto: Dundurn, 2002.
———. Home to Canada: Royal Tours 1786–2010. Toronto: Dundurn, 2010.
———. The Queen Mother and Her Century: An Illustrated Biography of Queen Elizabeth the Queen Mother on Her 100th Birthday. Toronto: Dundurn, 2000.
———. Royal Observations: Canadians and Royalty. Toronto: Dundurn, 1991.
———. Royal Spring: The Royal Tour of 1939 and the Queen Mother in Canada. Toronto: Dundurn, 1989.
Boyce, Peter. The Queen’s Other Realms: The Crown and Its Legacy in Australia, Canada and New Zealand. Sydney: Federation Press, 2008.
Bradford, Sarah. Elizabeth: A Biography of Her Majesty The Queen. Toronto: Key Porter Books, 1996.
Brazier, Rodney. Constitutional Practice. 3rd edition. Oxford University Press, 1999.
Brun, Henri, Guy Tremblay, et Eugénie Brouillet. Droit constitutionnel. 6e édition. Cowansville: Éditions Yvon Blais, 2014.
Buchan, John. Canadian Occasions. Toronto: Musson, 1941.
Buchan, William. John Buchan: A Memoir. Toronto: Griffin House, 1982.
Buckner, Phillip, ed. Canada and the British Empire. Oxford University Press, The Oxford History of the British Empire Companion Series, 2008.
———. ed. Canada and the End of Empire. Vancouver: University of British Columbia Press, 2005.
Buckner, Phillip, and R. D. Francis, eds. Canada and the British World. Vancouver: University of British Columbia Press, 2006.
Burke, Scott J. Presiding by Desire: Nova Scotia’s Popular Lieutenant Governor: Hon. MacCallum Grant. Victoria: Tellwell Talent, 2020.
Butler, David, and D. A. Low, eds. Sovereigns and Surrogates: Constitutional Heads of State in the Commonwealth. London: Macmillan, 1991.
Canada. Privy Council Office. Manual of Official Procedure of the Government of Canada. Prepared by Henry F. Davis and André Millar. Ottawa: Government of Canada, 1968.
The Canadian Press. Canada’s Queen. Elizabeth II: A Celebration of Her Majesty’s Friendship with the People of Canada. Toronto: John Wiley & Sons, 2008.
Cardinal, Linda, and David Heaton, eds. Shaping Nations: Constitutionalism and Society in Australia and Canada. Ottawa: University of Ottawa Press, 2002.
Champion, C. P. The Strange Demise of British Canada: The Liberals and Canadian Nationalism, 1964–1968. Montreal and Kingston: McGill-Queen’s University Press, 2010.
Cheffins, Ronald, and Ronald Tucker. The Constitutional Process in Canada. 2nd edition. Toronto: McGraw-Hill Ryerson, 1976.
Chevrier, Marc. La République québécoise: hommages à une idée suspecte. Montréal: Boréal, 2013.
Clark, Bruce. Native Liberty, Crown Supremacy – the Existing Aboriginal Right of Self- Government in Canada. Montreal & Kingston: McGill-Queens University Press, 1990.
Clarkson, Adrienne. Heart Matters: A Memoir. Toronto: Viking Canada, 2006.
Clayton, Jenny. The Lieutenant Governors of British Columbia. Victoria: Harbour Publishing, 2019.
Clokie, H. McD. Canadian Government and Politics. Toronto: Longmans, Green & Company, 1944.
Coady, Mary Frances. Georges and Pauline Vanier: Portrait of a Couple. Montreal and Kingston: McGill-Queen’s University Press, 2011.
Coates, Colin M., ed. Imperial Canada, 1867–1917. Edinburgh: Centre of Canadian Studies, 1997.
———. Majesty in Canada: Essays on the Role of Royalty. Toronto: Dundurn, 2006.
Cotton, Peter Neive. Vice-Regal Mansions of British Columbia. Vancouver: Elgin Publications, 1981.
Couture, Claude, et Paulin Mulatris. La nation et son double. Essais sur les discours postcoloniaux au Canada. Québec : Les Presses de l’Université Laval, 2012.
Cowan, John. Canada’s Governors General, Lord Monck to General Vanier. Toronto: York Publishing, 1965.
Cox, Noel. A Constitutional History of the New Zealand Monarchy: The Evolution of the New Zealand Monarchy and the Recognition of an Autochthonous Polity. Saarbrücken: VDM Verlag Dr. Müller, 2008.
———. The Royal Prerogative and Constitutional Law: A Search for the Quintessence of Executive Power. Abingdon, UK: Routledge, 2020.
Creighton, Donald. The Road to Confederation: The Emergence of Canada, 1863-1867. Toronto: Macmillan, 1964.
Dawson, R. McGregor. Constitutional Issues in Canada, 1900–1931. London: Oxford University Press, 1933.
———. The Development of Dominion Status 1900-1936. London: Oxford University Press, 1937.
———. The Government of Canada. 5th edition. Revised by Norman Ward. Toronto: University of Toronto Press, 1970.
———. The Principles of Official Independence: With Particular Reference to the Political History of Canada. London: P. S. King & Son, 1922.
Dempsey, L. James. Warriors of the King: Prairie Indians in World War I. Regina: Canadian Plains Research Center, University of Regina, 1999.
Dicey, A. V. Law of the Constitution. 10th edition. Introduction by E.C.S. Wade. London: Macmillan, 1962.
Diefenbaker, John G. Those Things We Treasure. Toronto: Macmillan, 1972.
Dimbleby, Jonathan. The Prince of Wales: A Biography. New York: William Morrow and Company, 1994.
Evatt, H. V. The Royal Prerogative. Sydney: Law Book Company, 1987.
Evatt and Forsey on the Reserve Power. A complete and unabridged reprint of H.V. Evatt, The King and His Dominion Governors (2nd edition, 1967) and Eugene A. Forsey, The Royal Power of Dissolution in the British Commonwealth (reprint, 1968), together with a new introduction by Eugene Forsey. Sydney: Legal Books, 1990.
Farthing, John. Freedom Wears a Crown. Toronto: Kingswood House, 1957.
Forcese, Craig, and Aaron Freeman. The Laws of Government: The Legal Foundations of Canadian Democracy. Toronto: Irwin Law, 2005.
Forsey, Eugene A. Freedom and Order: Collected Essays. Toronto: McClelland and Stewart, 1974.
———. A Life on the Fringe: The Memoirs of Eugene Forsey. Toronto: Oxford University Press, 1990.
———. The Royal Power of Dissolution of Parliament in the British Commonwealth. Toronto: Oxford University Press, 1943. Reprinted with corrections as an Oxford in Canada paperback, 1968.
Forsey, Helen. Eugene Forsey: Canada’s Maverick Sage. Toronto: Dundurn, 2012.
Fraser, Andrew. The Spirit of the Laws: Republicanism and the Unfinished Project of Modernity. Toronto: University of Toronto Press, 1990.
Fraser, John. Eminent Canadians: Candid Tales of Then and Now. Toronto: McClelland and Stewart, 2000.
———. The Secret of the Crown: Canada’s Affair with Royalty. Toronto: House of Anansi Press, 2012.
Gailey, Andrew. The Lost Imperialist: Lord Dufferin, Memory and Mythmaking in an Age of Celebrity (London: John Murray, 2015),
Galbraith, J. William. John Buchan: Model Governor General. Toronto: Dundurn, 2013.
The Governors General of Canada from Viscount Monck to David Johnston. Ottawa: New Federation House, 2013.
Graham, Roger, The King-Byng Affair, 1926: A Question of Responsible Government. Toronto: The Copp Clark Publishing Company, 1967.
Grant, George. Lament for a Nation: The Defeat of Canadian Nationalism. Third reprint. Toronto: McClelland & Stewart, 1970.
Greenwood, Nigel. For the Sovereignty of the People: A conversation with Nicolo’s ghost and a defence of the crown in the Westminster system. Brisbane: Australian Academic Press, 1999.
Gwyn, Sandra. The Private Capital: Ambition and Love in the Age of Macdonald and Laurier. Toronto: McClelland & Stewart, 1984.
Hall, Trevor. Royal Canada: A History of Royal Visits to Canada since 1786. Godalming, UK: Archive Publishing, 1989.
Happy & Glorious. A Celebration of the Life of HM Queen Elizabeth II. London: Cassell Illustrated, 2006.
Hardman, Robert. A Year with The Queen. New York: Simon & Schuster, 2007.
———. Her Majesty: Queen Elizabeth II and Her Court. New York: Pegasus Books, 2012.
———. Queen of the World. London: Century, 2018.
Harris, Carolyn. Magna Carta and Its Gifts to Canada: Democracy, Law, and Human Rights. Toronto: Dundurn, 2015.
——— . Raising Royalty: 1000 Years of Royal Parenting. Toronto: Dundurn, 2017.
Hart-Davis, Duff, ed. King’s Counsellor. Abdication and War: The Diaries of Sir Alan Lascelles. London: Phoenix, 2007.
Hazell, Robert, and Bob Morris eds. The Role of Monarchy in Modern Democracy: European Monarchies Compared. Oxford: Hart Publishing, 2020.
Heard, Andrew. Canadian Constitutional Conventions: The Marriage of Law and Politics. Second Edition. Toronto: Oxford University Press, 2014.
Hnatyshyn, Gerda, and Paulette Lachapelle-Bélisle. Rideau Hall: Canada’s Living Heritage. Ottawa: Friends of Rideau Hall, 1994.
Hocking, Jenny. The Palace Letters: The Queen, the governor-general, and the plot to dismiss Gough Whitlam. Melbourne, London: Scribe, 2021.
Hogg, Peter. Constitutional Law of Canada. 5th edition. Toronto: Carswell, 2007.
Hogg, Peter, Patrick J. Monahan, and Wade K. Wright. Liability of the Crown. 4th edition. Toronto: Carswell, 2011.
Hryniuk, Margaret, and Garth Pugh. “A Tower of Attraction”: An Illustrated History of Government House, Regina, Saskatchewan. Regina: Government House Historical Society / Canadian Plains Research Center, University of Regina, 1991.
Hubbard, Robert H. Ample Mansions: The Viceregal Residences of the Canadian Provinces. Ottawa: University of Ottawa Press, 1989.
———. Rideau Hall: An Illustrated History of Government House, Ottawa. Montreal and Kingston: McGill-Queen’s University Press, 1977.
Irvine, Andrew. Canada’s Storytellers / Les grands écrivains du Canada: The GG Literary Award Laureates / Les lauréats des Prix littéraires du GG (with Edmond Rivère and Stephanie Tolman). Ottawa: University of Ottawa Press, 2021.
———. The Governor General’s Literary Awards of Canada: A Bibliography (with Edmond Rivère and Stephanie Tolman). Ottawa: University of Ottawa Press, 2018; trans. into French as Les Prix littéraires du Gouverneur général du Canada: Une bibliographie. Ottawa: Les Presses de l’Université d’Ottawa, 2018.
Jackson, D. Michael, ed. The Canadian Kingdom: 150 Years of Constitutional Monarchy. Toronto: Dundurn, 2018.
———. The Crown and Canadian Federalism. Toronto: Dundurn, 2013.
———. ed. Honouring Commonwealth Citizens: Proceedings of the First Conference on Commonwealth Honours and Awards, Regina, 2006. Toronto: Ontario Ministry of Citizenship and Immigration, 2007.
———. ed. Royal Progress: Canada’s Monarchy in the Age of Disruption. Toronto: Dundurn, 2020.
———, and Philippe Lagassé, eds. Canada and the Crown: Essays on Constitutional Monarchy.Montreal and Kingston: Institute of Intergovernmental Relations, Queen’s University, McGill-Queen’s University Press, 2012.
Jennings, Sir Ivor. Constitutional Laws of the Commonwealth. Oxford: Clarendon Press, 1952.
———. The Law and the Constitution. 5th edition. London: University of London Press, 1959.
Johnson, David. Battle Royal: Monarchists vs. Republicans and the Crown of Canada. Toronto: Dundurn, 2018
Johnston, David. The Idea of Canada: Letters to a Nation. Toronto: McClelland & Stewart, 2016.
———. Trust: Twenty Better Ways to Build a Country. Toronto: McClelland & Stewart, 2016.
Joyal, Serge. Le Mythe de Napoléon au Canada français. Montréal: Del Busso, 2013.
———. ed. Protecting Canadian Democracy: The Senate You Never Knew. Montreal and Kingston: McGill-Queen’s University Press, for Canadian Centre for Management Development / Centre canadien de gestion, 2003, 2005.
Keith, Arthur Berriedale. The Constitutional Law of the British Dominions. London: Macmillan, 1933.
———. The Dominions as Sovereign States. London: Macmillan, 1938.
———. The Governments of the British Empire. London: Macmillan, 1935.
———. The King and the Imperial Crown: The Powers and Duties of His Majesty. London: Longmans, Green, 1936.
———. The King, the Constitution the Empire and Foreign Affairs. London: Oxford University Press, 1938.
———. Responsible Government in the Dominions. Oxford: Clarendon Press, 1912.
Kelly, Angela. Dressing the Queen: The Jubilee Wardrobe. London: Royal Collection Trust, 2012.
———. The Other Side of the Coin: The Queen, the Dresser and the Wardrobe. London and New York: HarperCollins, 2019.
Kennedy, William Keith. Lord Elgin. London: Oxford University Press, 1926.
———. The Sovereignty of the British Dominions. London: Macmillan, 1929.
Kennedy, W.P.M. The Constitution of Canada : An Introduction to its Development and Law. London & Toronto: Oxford University Press, 1922. Reprint with an Introduction by Martin Friedland, 2014.
Lacey, Robert. Majesty: Elizabeth II and the House of Windsor. New York: Harcourt Brace Jovanovich, 1977.
———. Royal: Her Majesty Queen Elizabeth II. London: Little, Brown, 2002.
La Forest, Gérard. Disallowance and Reservation of Provincial Legislation. Ottawa: Department of Justice, 1955.
Lanctot, Gustave. The Royal Tour of King George VI and Queen Elizabeth in Canada and the United States of America, 1939. Toronto: E.P Taylor Foundation, 1964.
Laskin, Bora. Canadian Constitutional Law. Toronto: Carswell, 1951.
Laskin, Bora. The British Tradition in Canadian Law. London: Stevens & Sons Ltd., 1969.
Latham, R. T. E. The Law and the Commonwealth. Oxford: Oxford University Press, 1949.
Léger, Jules. Jules Léger: gouverneur-général du Canada, 1974-1979: Textes et réflexions sur le Canada / Jules Léger: Governor General of Canada, 1974-1979: A Selection of His Writings on Canada. Montréal: Éditions de l’Hexagone, 1989.
Leigh, Wendy. Edward Windsor: Royal Enigma. The True Story of the Seventh in Line to the British Throne. New York: Simon & Schuster, 1999.
Lemieux, Frédéric, Christian Blais, et Pierre Hamelin. L’histoire du Québec à travers ses lieutenants-gouverneurs. Québec: Les Publications du Québec, 2005.
Lennox, Doug. Now You Know Royalty. Toronto: Dundurn, 2009.
Lipset, Seymour Martin. Continental Divide: The Values and Institutions of the United States and Canada. New York: Routledge, 1990.
Lordon, Paul. Crown Law. Toronto: Butterworths, 1991.
Loughlin, Martin. Foundations of Public Law. Oxford: Oxford University Press, 2010.
———. The Idea of Public Law. Oxford: Oxford University Press, 2003.
Low, Anthony. Constitutional Heads and Political Crises. London: Macmillan, 1988.
Lownie, Andrew. John Buchan: The Presbyterian Cavalier. Toronto: McArthur & Company, 2004.
MacDonnell, Tom. Daylight upon Magic: The Royal Tour of Canada – 1939. Toronto: Macmillan, 1989.
Macfarlane, Emmett, ed. Constitutional Amendment in Canada. Toronto: University of Toronto Press, 2016.
MacKinnon, Frank. The Crown in Canada. Calgary: Glenbow Alberta Institute / McClelland & Stewart West, 1976.
MacMillan, Margaret, Marjorie Harris, and Anne L. Desjardins. Canada’s House: Rideau Hall and the Invention of a Canadian Home. Toronto: Alfred A. Knopf Canada, 2004.
MacNutt, W. Stewart. Days of Lorne: Impressions of a Governor General. Fredericton: Brunswick Press, 1955.
Mallory, J.R. The Structure of Government. Revised Edition. Toronto: Gage, 1984.
Marshall, Geoffrey. Constitutional Conventions: The Rules and Forms of Political Accountability. Oxford: Oxford University Press, 1984.
Martin, Stanley. The Order of Merit: One Hundred Years of Matchless Honour. London: I. B. Tauris, 2007.
Massey, Vincent. On Being Canadian. Toronto: Dent, 1948.
———. Speaking of Canada: Addresses by the Right Hon. Vincent Massey, C.H., Governor General of Canada, 1952–1959. Toronto: Macmillan, 1959.
———. What’s Past Is Prologue: The Memoirs of Vincent Massey. Toronto: Macmillan, 1963.
McCreery, Christopher. The Canadian Forces’ Decoration / La Décoration des Forces canadiennes. Ottawa: Department of National Defence / Ministère de la Défense nationale, 2010.
———. The Canadian Honours System. Second Edition. Toronto: Dundurn, 2015.
———. Commemorative Medals of The Queen’s Reign in Canada, 1952-2012. Toronto: Dundurn, 2012.
———. Fifty Years Honouring Canadians: The Order of Canada, 1967-2017. Toronto: Dundurn, 2020.
———. Government House Halifax: A Place of History and Gathering. Fredericton: Goose Lane Editions, 2020.
———. Maintiens le Droit. Recognizing Service: A History of the RCMP Long Service Medal/ Reconnaissance de service: une histoire de la Médaille d’ancienneté de la GRC. Ottawa: Royal Canadian Mounted Police/Gendarmerie royale du Canada, 2014.
———. On Her Majesty’s Service: Royal Honours and Recognition in Canada. Toronto: Dundurn, 2008.
———. The Order of Canada: Genesis of an Honours System. Toronto: University of Toronto Press, 2017.
———. The Order of Canada: Its Origins, History and Development. Toronto: University of Toronto Press, 2005.
———. The Order of Military Merit / L’Ordre du mérite militaire. Ottawa: Department of National Defence / Ministère de la Défense nationale, 2012.
McKinlay, Tom D. Halsbury’s Laws of Canada: Crown. 2021 Reissue. Toronto: LexisNexis, 2021.
McWhinney, Edward. The Governor General and the Prime Ministers: The Making and Unmaking of Governments. Vancouver: Ronsdale Press, 2005.
Messamore, Barbara J. Canada’s Governors General, 1847–1878: Biography and Constitutional Evolution. Toronto: University of Toronto Press, 2006.
Michelmann, Hans J., and Cristine de Clercy, eds. Continuity and Change in Canadian Politics: Essays in Honour of David E. Smith. Toronto: University of Toronto Press, 2006.
Miller, Carman. The Canadian Career of the Fourth Earl of Minto: The Education of a Viceroy. Waterloo: Wilfrid Laurier University Press, 1980.
Miller, J. R. Compact, Contract, Covenant: Aboriginal Treaty-Making in Canada. Toronto: University of Toronto Press, 2009.
Monahan, Patrick J., Byron Shaw and Padraic Ryan. Constitutional Law. 5th edition. Toronto: Irwin Law, 2017.
Monet, Jacques. The Canadian Crown. Toronto: Clarke Irwin, 1979.
———. The Last Cannon Shot: A Study of French-Canadian Nationalism, 1837-1850. Toronto: University of Toronto Press, 1969.
———. La Monarchie au Canada. Ottawa : Le Cercle du livre de France, 1979.
Morton, W. L. The Canadian Identity. Madison: The University of Wisconsin Press; Toronto: University of Toronto Press, 1965.
———. The Kingdom of Canada: A General History from Earliest Times. Toronto: McClelland and Stewart, 1963.
Mowatt, Claire. Pomp and Circumstances. Toronto: McClelland & Stewart, 1992.
Munro, Kenneth. The Maple Crown in Alberta: The Office of Lieutenant-Governor, 1905– 2005. Victoria: Trafford Publishing, 2005.
Murphy, Philip. Monarchy and the End of Empire: The House of Windsor, the British Government, and the Post-war Commonwealth. Oxford University Press, 2013.
Noonan, James. Canada’s Governors General at Play: Culture and Rideau Hall from Monck to Grey, with an Afterword on their Successors, Connaught to LeBlanc. Ottawa: Borealis, 2002.
Noonan, Peter W. The Crown and Constitutional Law in Canada, Second Edition. Magistralis, 2017.
Nuendorff, Gwen. Studies in the Evolution of Dominion Status. The Governor Generalship of Canada and the Development of Canadian Nationalism. London: George Allen & Unwin, 1942.
Oliver, Peter. The Constitution of Independence: The Development of Constitutional Theory in Australia, Canada, and New Zealand. Oxford: Oxford University Press, 2005.
———–, and Peter Macklem, Nathalie Des Rosiers, eds. The Oxford Handbook of the Canadian Constitution. Oxford University Press, 2017
Ollivier, Maurice. Problems of Canadian Sovereignty: From the British North America Act 1867 to the Statute of Westminster 1931. Canadian Law Book Co., 1945.
Olmsted, Richard A., ed. Decisions of the Judicial Committee of the Privy Council relating to the British North America Act, 1867, and the Canadian Constitution, 1867-1954. 3 vols. Ottawa: Queen’s Printer, 1954.
O’Sullivan, D.A., A Manual of Government in Canada. Toronto: J.C. Stuart & Co., 1879.
Patmore, Glenn A. Choosing the Republic. Sydney: University of New South Wales, 2009.
Pelletier, Benoît. La modification constitutionnelle au Canada. Toronto: Carswell, 1996.
Phillips, Dorothy Anne. Victor and Evie: British Aristocrats in Wartime Rideau Hall. Montreal & Kingston: McGill-Queen’s University Press, 2017.
Pike, Corinna A.W., and Christopher McCreery. Canadian Symbols of Authority: Maces, Chains and Rods of Office. Toronto: Dundurn, 2011.
Pimlott, Ben. The Queen: A Biography of Elizabeth II. London: HarperCollins, 1996.
Quentin-Baxter, Alison, and Janet McLean. This Realm of New Zealand: The Sovereign, The Governor-General and The Crown. Auckland: Auckland University Press, 2017.
Radforth, Ian. Royal Spectacle: The 1860 Visit of the Prince of Wales to Canada. Toronto: University of Toronto Press, 2004.
Reed, Charles V. Royal Tourists, Colonial Subjects, and the Making of the British World. Manchester University Press, 2016.
Régimbald, Guy, and Dwight Newman. The Law of the Canadian Constitution. Toronto: LexisNexis, 2013.
Romney, Paul. Getting It Wrong: How Canadians Forgot Their Past and Imperilled Confederation. Toronto: University of Toronto Press, 1999.
Russell, Peter H. Canada’s Odyssey: A Country Based on Incomplete Conquests. Toronto: University of Toronto Press, 2017.
———. Constitutional Odyssey: Can Canadians Be a Sovereign People? Toronto: University of Toronto Press, 1992.
———. Sovereignty: The Biography of a Claim. Toronto: University of Toronto Press, 2021.
———. Two Cheers for Minority Government: The Evolution of Canadian Parliamentary Democracy. Toronto: Emond Montgomery Publications, 2008.
Russell, Peter H., and Cheryl Milne. Adjusting to a New Era of Parliamentary Government: Report of a Workshop on Constitutional Conventions. Toronto: David Asper Centre for Constitutional Rights, 2011.
Russell, Peter H., and Lorne Sossin, eds. Parliamentary Democracy in Crisis. Toronto: University of Toronto Press, 2009.
Saywell, John T. The Lawmakers: Judicial Power and the Shaping of Canadian Federalism. Toronto: University of Toronto Press, for Osgoode Hall Law Society, 2002.
———. The Office of Lieutenant Governor: A Study in Canadian Government and Politics. Toronto: University of Toronto Press, 1957; Revised Edition, Toronto: Copp Clark Pitman, 1986.
Segal, Hugh. The Right Balance: Canada’s Conservative Tradition. Vancouver: Douglas & McIntyre, 2011.
Senior, Hereward, and Elinor Kyte Senior. In Defence of Monarchy. Toronto: Fealty Enterprises, 2009.
Seward, Ingrid. Prince Edward: A Biography. London: Century, 1995.
Shea, Kevin, and John Jason Wilson. Lord Stanley: The Man behind the Cup. Bolton, ON: Fenn Publishing Company, 2006.
Shore, Cris, and David V. Williams (eds.). The Shapeshifting Crown: Locating the State in Postcolonial New Zealand, Australia, Canada and the United Kingdom. Cambridge University Press, 2019.
Smith, Dale. The Unbroken Machine: Canada’s Democracy in Action. Toronto: Dundurn, 2017.
Smith, David E. Across the Aisle: Opposition in Canadian Politics. Toronto: University of Toronto Press, 2013.
———. The Canadian Senate in Bicameral Perspective. Toronto: University of Toronto Press, 2003.
———. The Constitution in a Hall of Mirrors: Canada at 150. Toronto: University of Toronto Press, 2017.
———. Federalism and the Constitution of Canada. Toronto: University of Toronto Press, 2010.
———. The Invisible Crown: The First Principle of Canadian Government. Toronto: University of Toronto Press, 1995. Reprinted with a new preface, 2013.
———. The People’s House of Commons: Theories of Democracy in Contention. Toronto: University of Toronto Press, 2007.
———. The Republican Option in Canada, Past and Present. Toronto: University of Toronto Press, 1999.
Smith, David E., Christopher McCreery, and Jonathan Shanks. Canada’s Deep Crown: Beyond Elizabeth II, The Crown’s Continuing Canadian Complexion. Toronto: University of Toronto Press, 2021.
Smith, Goldwin. Canada and the Canadian Question. Toronto: Hunter Rose, 1891; new edition, edited by Carl Berger, University of Toronto Press, 1971.
Smith, Janet Adam. John Buchan: A Biography. Toronto: Little, Brown, 1965.
———. John Buchan and His World. London: Thames and Hudson, 1979.
Smith, Jennifer, and D. Michael Jackson, eds. The Evolving Canadian Crown. Montreal and Kingston: Institute of Intergovernmental Relations, Queen’s University, McGill-Queen’s University Press, 2012.
Smith, Sir David. Head of State: The Governor-General, the Monarchy, the Republic and the Dismissal. Sydney: Macleay Press, 2005.
Speaight, Robert. Vanier, Soldier, Diplomat and Governor General: A Biography. Toronto: Collins, 1970.
Stamp, Robert M. Kings, Queens and Canadians: A Celebration of Canada’s Infatuation with the British Royal Family. Toronto: Fitzhenry & Whiteside, 1987.
———. Royal Rebels: Princess Louise & the Marquis of Lorne. Toronto: Dundurn, 1988. Stursburg, Peter.Roland Michener, The Last Viceroy. Toronto: McGraw-Hill Ryerson, 1989.
Sunkin, Maurice, and Sebastian Payne. The Nature of the Crown: A Legal and Political Analysis. New York: Oxford University Press, 1999.
Swan, Conrad. Canada: Symbols of Sovereignty. Toronto: University of Toronto Press, 1977.
———. A King from Canada. Stanhope, Durham, UK: The Memoir Club, 2005.
Tidridge, Nathan. Canada’s Constitutional Monarchy. Toronto: Dundurn, 2011.
———. Prince Edward, Duke of Kent: Father of the Canadian Crown. Toronto: Dundurn, 2013.
———. The Queen at the Council Fire: The Treaty of Niagara, Reconciliation, and the Dignified Crown in Canada. Toronto: Dundurn, 2015.
Tizard, Catherine. The Role of the Governor-General of New Zealand. Wellington: Government House, 1977.
Trudel, Marcel. Mythes et réalités dans l’histoire du Québec. Vol. 1. Montréal: Éditions Hurtubise HMH, Cahiers du Québec, collection Histoire, 2001.
Twomey, Anne. The Chameleon Crown: The Queen and Her Australian Governors. Sydney: The Federation Press, 2006.
———. The Veiled Sceptre – Reserve Powers of Heads of State in Westminster Systems.
Cambridge University Press, 2018.
Vance, Jonathan F. A History of Canadian Culture. Toronto: Oxford University Press, 2009.
———. Maple Leaf Empire: Canada, Britain, and Two World Wars. Toronto: Oxford University Press, 2012.
Vanier, Michel, and George Cowley, eds. Only to Serve: Selections of Addresses by Governor General Georges P. Vanier. Toronto: University of Toronto Press, 1970.
Vaughan, Frederick. The Canadian Federalist Experiment: From Defiant Monarchy to Reluctant Republic. Montreal and Kingston: McGill-Queen’s University Press, 2003.
Vipond, Robert C. Canadian Federalism and the Failure of the Constitution. Albany: State University of New York Press, 1991.
Ward, Norman. Dawson’s Government of Canada. Toronto: University of Toronto Press, 1987.
Weston, Hilary M. No Ordinary Time: My Years as Ontario’s Lieutenant-Governor. Toronto: Whitfield Editions, 2007.
Wheare, Sir Kenneth. The Constitutional Structure of the Commonwealth. Oxford: Clarendon Press, 1960.
———. The Statute of Westminster and Dominion Status. 5th edition. London: Oxford University Press, 1953.
Willett, Edward. Government House, Regina, Saskatchewan: An Illustrated History. Regina: Your Nickle’s Worth Publishing, for the Government House Historical Society, 2016.
Williams, Jeffery. Byng of Vimy: General and Governor General. Toronto: University of Toronto Press, 1992.
Willis-O’Connor, H. Inside Government House. Toronto: Ryerson Press, 1954.
Winterton, George. Monarchy to Republic. Melbourne: Oxford University Press, 1986.
———. Parliament, the Executive and the Governor-General. Melbourne: Melbourne University Press, 1983.
Woods, Shirley E. Her Excellency Jeanne Sauvé. Toronto: Macmillan, 1986.
Educational booklets
Aird, John Black. Loyalty in a Changing World: The Contemporary Function of the Office of Lieutenant Governor of Ontario. Toronto: Office of the Premier, 1985.
Découvrir le Canada. Les droits et responsabilités liés à la citoyenneté. Guide d’étude. Ottawa: Ministre des Approvisionnements et Services Canada, 2011 / Discover Canada. The Rights and Responsibilities of Citizenship. Study Guide. Ottawa: Minister of Public Works and Government Services Canada, 2011.
Forsey, Eugene A. Les Canadiens et leur système de gouvernement. Septième édition. Ottawa: Ministre des Approvisionnements et Services Canada, 2010 / How Canadians Govern Themselves. 7th edition. Ottawa: Minister of Supply and Services Canada, 2010.
Jackson, D. Michael. The Canadian Monarchy in Saskatchewan. Second Edition. Regina: Government of Saskatchewan, 1990.
———. Images of a Province: Symbols of Saskatchewan / Images d’une province: les symboles de la Saskatchewan. Regina: Government of Saskatchewan, 2002.
———. Royal Saskatchewan: The Crown in a Canadian Province. Regina: Government of Saskatchewan, 2007 / La Saskatchewan royale: la Couronne dans une province canadienne. Regina: Gouvernement de la Saskatchewan, 2007.
———. The Visit of the Queen and the Duke of Edinburgh to Saskatchewan 1987: A Commemorative Album. Regina: Government of Saskatchewan, 1987.
MacLeod, Kevin S. La Couronne canadienne: La monarchie constitutionnelle au Canada. Ottawa : Ministère du Patrimoine canadien, 2008. Nouvelles éditions, 2012 et 2015.
———. A Crown of Maples: Constitutional Monarchy in Canada. Ottawa: Department of Canadian Heritage, 2008. New editions, 2012 and 2015.
Pomp & Circumstance: An Historical Celebration of Queen’s Park. Toronto: Legislative Assembly of Ontario, 1984.
Silver Jubilee: Royal Visit to Canada, Six Days in the Life of the Queen. Ottawa: Deneau & Greenberg, 1977.
Stanley, George F.G. The Role of the Lieutenant Governor / Le role du lieutenant- gouverneur. Fredericton: Legislative Assembly of New Brunswick / Assemblée législative du Nouveau-Brunswick, 1992.
Symbols of Canada / Les symboles du Canada. Ottawa: Department of Canadian Heritage / Ministère du Patrimoine canadien, 2010.
Book chapters
Arnot, David. “We Are All Treaty People.” In Saskatchewan Politics: Crowding the Centre, Howard A. Leeson, ed. Regina: Canadian Plains Research Center, University of Regina, 2009.
Bercuson, David J., and Barry Cooper. “From Constitutional Monarchy to Quasi Republic: The Evolution of Liberal Democracy in Canada.” In Canadian Constitutionalism, 1791-1991, Janet Ajzenstat, ed. Ottawa: Canadian Study of Parliament Group, n.d. [1992].
Blake, Robert. “Constitutional Monarchy: The Prerogative Powers.” In The Law, Politics, and the Constitution: Essays in Honour of Geoffrey Marshall. David Butler, Vernon Bogdanor and Robert Summers, eds.Oxford University Press, 1999.
Brazier, Rodney. “The Monarchy.” In The British Constitution in the Twentieth Century. Vernon Bogdanor, ed. Oxford University Press, 2003.
Buckner, Phillip. “ ‘Casting Daylight Upon Magic’: Deconstructing the Royal Tour of 1901 to Canada.” In The British World: Diaspora, Culture and Identity. Carl Bridge and Kent Federowich, eds. London, 2003.
Burke, Fred. “The Office of Lieutenant Governor.” In Provincial Government and Politics, Ronald C. Rowat, ed. Ottawa: Carleton University, 1973.
Carlson, Keith Thor. “’The Last Potlatch’ and James Douglas’ Vision of an Alternative Settler Colonialism.” In “To Share, Not Surrender: Indigenous and Settler Visions of Treaty Making in the Colonies of Vancouver Island and British Columbia, Peter Cook, Neil Vallance, John Lutz, Graham Brazier, and Hamar Foster, eds. Vancouver: UBC Press, 2021.
Chevrier, Marc. “L’idée républicaine au Québec et au Canada français – les avatars d’une tradition cachée.” Dans L’idée républicaine dans le monde, XVIIIe / XXIe siècles, Paul Baquiast et Emmanuel Dupuy, dir. Vol. 2. Paris : L’Harmattan, 2007.
Galbraith, J. William. “John Buchan in Canada: Writing a New Chapter in Canada’s Constitutional History.” In John Buchan and the Idea of Modernity, Kate Macdonald and Nathan Waddell, eds. London: Pickering & Chatto, 2013.
Hubbard, R. H. “Viceregal Influences on Canadian Society.” In The Shield of Achilles: Aspects of Canada in the Victorian Age, W. L. Morton, ed. Toronto: McClelland & Stewart, 1968.
Jackson, D. Michael. “The Crown in Saskatchewan: An Institution Renewed.” In Saskatchewan Politics: Crowding the Centre, Howard A. Leeson, ed. Regina: Canadian Plains Research Center, University of Regina, 2009.
———. “Political Paradox: The Lieutenant Governor in Saskatchewan.” In Saskatchewan Politics: Into the Twenty-First Century, Howard A. Leeson, ed. Regina: Canadian Plains Research Center, University of Regina, 2001.
Klassen, Pamela E. “Spiritual Jurisdictions: Treaty People and the Queen of Canada.” In Ekklesia: Three Inquiries in Church and State. Chicago and London: The University of Chicago Press, 2018.
McCreery, Christopher. “The Politics of St-Laurent on the Crown, Rituals, and Symbols.” In The Unexpected Louis St-Laurent: Politics and Policies for a Modern Canada. Patrice Dutil, ed. Vancouver & Toronto: UBC Press, 2020.
Miller, J. R. “Petitioning the Great White Mother: First Nations’ Organizations and Lobbying in London.” In Reflections on Native-Newcomer Relations: Selected Essays. Toronto: University of Toronto Press, 2004.
Monet, Jacques. “La Couronne.” Dans Le Système parlementaire canadien. Manon Tremblay et Marcel Tremblay, dir. Québec : Les Presses de l’Université Laval, 1995.
———. “The Personal and Living Bond.” In The Shield of Achilles: Aspects of Canada in the Victorian Age, W. L. Morton, ed. Toronto: McClelland & Stewart, 1968.
Morton, W. L. “Lord Monck, His Friends, and the Nationalizing of the British Empire.” In Character and Circumstance, John S. Moir, ed. Toronto: Macmillan, 1970.
Munro, Kenneth. “Alberta’s Crowning Glory – The Office of Lieutenant Governor.” In Forging Alberta’s Constitutional Framework. Richard Connors and John M. Law, eds. Edmonton: University of Alberta Press, 2008.
Murray, Lowell. “Which Criticisms Are Founded?” In Protecting Canadian Democracy: The Senate You Never Knew, Serge Joyal, ed. Montreal and Kingston: McGill-Queen’s University Press, 2003, 2005.
Poelzer, Greg, and Ken Coates. “Aboriginal Peoples and the Crown in Canada: Completing the Canadian Experiment.” In Continuity and Change in Canadian Politics: Essays in Honour of David E. Smith, Hans J. Michelmann and Cristine de Clercy, eds. Toronto: University of Toronto Press, 2006.
Rasmussen, Merrilee D. “Legislatures in Saskatchewan: A Battle for Sovereignty?” In Saskatchewan Politics: Crowding the Centre, Howard A. Leeson, ed. Regina: Canadian Plains Research Center, University of Regina, 2009.
Russell, Peter. “Codifying Conventions.” In Constitutional Conventions in Westminster Systems, Brian Galligan and Scott Brenton, eds. Cambridge University Press, 2013.
Saywell, John T. “The Lieutenant-Governors.” In The Provincial Political System, Comparative Essays, David Bellamy, Jon Pammett, and David Rowat, eds. Toronto: Methuen, 1976.
Smith, David E. “Saskatchewan and Canadian Federalism.” In Saskatchewan Politics: Into the Twenty-First Century, Howard A. Leeson, ed. Regina: Canadian Plains Research Center, University of Regina, 2001.
Twomey, Anne. “Discretionary Reserve Powers of Heads of State.” In Constitution-making in Asia: Decolonisation and state-building in the aftermath of the British Empire, H. Kumarasingham, ed.,London: Routledge, 2016.
———. “Peering into the Black Box of Executive Power: Cabinet Manuals, Secrecy and the Identification of Convention.” In The Frontiers of Public Law, Shona Wilson Stark, eds., Oxford: Hart Publishing, 2019.
———. “The States, the Commonwealth and the Crown – the Battle for Sovereignty.” In The Senate and Accountability, Papers on Parliament No. 48, (Senate, January 2008).
———. “The Queen of Australia.” In Upholding the Constitution, Vol. 19, Proceedings of The Samuel Griffith Society, 2007.
Walters, Mark D. “ ‘Your Sovereign and Our Father’: The Imperial Crown and the Idea of Legal-Ethnohistory.” In Law and Politics in British Colonial Thought: Transpositions of Empire. Shaunnagh Dorsett and Ian Hunter, eds. Houndsmills: Palgrave MacMillan, 2010.
Williams, John. “ ‘The Blizzard and Oz’: Canadian Influences on the Australian Constitution, Then and Now.” In Shaping Nations: Constitutionalism and Society in Australia and Canada, Linda Cardinal and David Heaton, eds. Ottawa: University of Ottawa Press, 2002.
Articles
Adams, Eric. “The Constitutionality of Prorogation.” Constitutional Forum constitutionnel 18 (2009).
Aucoin, Peter, and Lori Turnbull. “Electoral Reform, Minority Government, and the Democratic Deficit: Removing the Virtual Right of First Ministers to Demand Dissolution.” Canadian Parliamentary Review 27, no. 2 (2004).
Bacon-Dussault, Malaïka. “Amending the Letters Patent Constituting the Office of Governor General and Commander-in-Chief of Canada.” Journal of Parliamentary and Political Law 5 (2011).
Bailey, K.H. “The Abdication Legislation in the United Kingdom and the Dominions.” Politica 3 (1938).
Baker, Dennis. “ ‘The Real Protection of the People’: The Royal Recommendation and Responsible Government.” Journal of Parliamentary and Political Law 4 (2010).
Balls, H.R. “Governor General’s Warrants.” Canadian Tax Journal 3 (1963).
Banks, Margaret. “If the Queen Were to Abdicate: Procedure under Canada’s Constitution.” Alberta Law Review 28 (1990).
Bartlett, Richard. “The Fiduciary Obligation of the Crown to the Indians.” Saskatchewan Law Review 53 (1989).
Beadle, Gordon. “Canada and the Abdication of Edward VIII.” Journal of Canadian Studies 3, no. 3 (1969).
Benoit, Paul. “A Job for Mrs. Clarkson.” Policy Options 20, no. 9 (1999).
———. “Parliament and Democracy in the 21st Century: The Crown and the Constitution.” Canadian Parliamentary Review 25, no. 2 (2002).
———. “The Queen’s Prerogatives.” The Literary Review of Canada 5, no. 7 (1996).
———. “Remembering the Monarch.” Canadian Journal of Political Science 15, no. 3 (1982).
———. “Supreme Opportunity Lost: The court should clarify how a federal monarchy functions.” The Dorchester Review 10, no. 2 (2020).
Benoit, Paul, and Garry Toffoli. “More Is Needed to Change the Rules of Succession for Canada.” Canadian Parliamentary Review 36, no. 2 (2013).
Blake, Raymond B. “A New Canadian Dynamism? From Multiculturalism and Diversity to History and Core Values,” British Journal of Canadian Studies 26 (2013).
Bogdanor, Vernon, and Geoffrey Marshall. “Dismissing Governor-Generals.” Public Law (1996).
Boily, Frédéric. “La « crise de la prorogation » vue du Québec.” Constitutional Forum constitutionnel 18, no. 1 (2009).
Bolt, Alexander. “The Crown Prerogative as Applied to Military Operations.” Office of the Judge Advocate General, Strategic Legal Paper Series, Issue 2 (2008).
Bolt, Alexander, and Philippe Lagassé. “Beyond Dicey: Executive Authorities in Canada.” Journal of Commonwealth Law 3 (2021).
Bonenfant, Jean-Charles. « Destitution d’un premier ministre et d’un lieutenant-gouverneur. » Cahiers des Dix28 (1963).
Boulanger, Geoffroy. “The Crown: A Primer. Why the Monarchy is central to who we are.” The Dorchester Review 10, no. 2 (2020).
Bourinot, John G. “Royal Visits to Canada: A Historical Retrospect.” Forum 32, no. 1 (1901).
Bowden, James W.J. “A Canadian Patriot King.” The Dorchester Review 10, no. 2 (2020).
———. “ ‘Dominion’: A Lament.” The Dorchester Review 5, no. 2 (2015).
———. “1896: ‘Tu Perds.’ Lord Aberdeen’s Dismissal of the Tupper Government.” The Dorchester Review 9, no, 2 (2019).
Bowden, James W. J., and Nicholas A. MacDonald. “Writing the Unwritten: The Officialization of Constitutional Conventions in Canada, the United Kingdom, New Zealand, and Australia.” Journal of Parliamentary and Political Law 6, no. 1 (2012).
Cairns, James. “Bringing Parliament to the People: A Meditated-Politics Approach to the Speech from the Throne.” Paper prepared for Canadian Political Science Association meetings, University of Saskatchewan, May-June 2007.
Caldwell, Gary Gordon. “Quebec’s Republican Temptation.” The Dorchester Review 5, no. 1 (2015).
Cameron, Barbara. “The Office and Powers of the Governor General: Political Intention and Legal Interpretation.” Journal of Parliamentary and Political Law 6 (2012).
Carlson, Keith Thor. “Rethinking Dialogue and History: The King’s Promise and the 1906 Aboriginal Delegation to London” Native Studies Review 16, no 2 (2005).
Carter, Sarah. “ ‘Your Great Mother across the Salt Sea’: Prairie First Nations, the British Monarchy and the Vice-Regal Connection to 1900.” Manitoba History 48 (2004–2005).
Champion, C.P. “Courting ‘Our Ethnic Friends’: Canadianism, Britishness, and New Canadians, 1950-1970,” Canadian Ethnic Studies 38 (2006).
Cheffins, Ronald I. “The Royal Prerogative and the Office of Lieutenant Governor.” Canadian Parliamentary Review 23, no. 1 (2000).
Chevrier, Marc. “La République néo-française.” Bulletin d’histoire politique 17, no. 3 (2009).
Cobham, Viscount. “The Governor-General’s Constitutional Role.” Political Science 15, no. 2 (1963).
Cohen, David. “Thinking about the State: Law Reform and the Crown in Canada.” Osgoode Hall Law Journal24 (1986).
Colebatch, Hal. “Sir John Kerr & the Reserve Powers.” The Dorchester Review 3, no. 2 (2013).
Cox, Noel. “Black v. Chrétien and the Control of the Royal Prerogative.” Constitutional Forum constitutionnel12 (2003).
———. “Black v. Chrétien: Suing a Minister of the Crown for Abuse of Power, Misfeasance in Public Office and Negligence.” Murdoch University Electronic Journal of Law 9, no. 3 (2002).
———. “The British Peerage: The Legal Standing of the Peerage and Baronetage in the Overseas Realms of the Crown with Particular Reference to New Zealand.” New Zealand Universities Law Review 17, no. 4 (1997).
———. “The Dichotomy of Legal Theory and Political Reality: The Honours Prerogative and Imperial Unity.” Australian Journal of Law and Society 14 (1998-1999).
———. “The Gradual Curtailment of the Royal Prerogative.” Denning Law Journal 25 (2012).
———. “Republican Sentiment in the Realms of the Queen: The New Zealand Perspective.” Manitoba Law Journal 29, no. 1 (2001-2002).
———. “The Royal Prerogative in the Realms.” Commonwealth Law Bulletin 33, no. 4 (2007).
———. “The Theory of Sovereignty and the Importance of the Crown in the Realms of the Queen.” Oxford University Commonwealth Law Journal 2 (2002).
Craven, Greg. “The Developing Role of the Governor-General: The Goldenness of Silence.” Federal Law Review 32, no. 2 (2004).
Cronkite, F.C. “Canada and the Abdication.” Canadian Journal of Economics and Political Science 4 (1938).
Crowley, Brian Lee. “Crowning Glory: Monarchy’s Little Understood Contribution to Canada’s Greatness.” Commentary, Macdonald-Laurier Institute (May 2018).
Cyr, Hugo. “De la formation du gouvernement.” Revue générale du droit 43 (2013).
———. “On the Formation of Government.” In “The Crown in the 21st Century,” Philippe Lagassé & Nicholas A. MacDonald, eds., Review of Constitutional Studies 22, no. 1 (2017).
Daly, Paul. “Royal Treatment: The Crown’s Special Status in Administrative Law”. In “The Crown in the 21st Century,” Philippe Lagassé & Nicholas A. MacDonald, eds., Review of Constitutional Studies 22, no. 1 (2017).
Davison, Charles B. “Prorogation: A Powerful Tool Forged by History.” Law Now 34, no. 2 (2009).
Desserud, Donald Anton. “The Governor General, the Prime Minister and the Request to Prorogue.” Canadian Political Science Review 3, no. 3 (2009).
Dummitt, Christopher. “Je me souviens, too: Eugene Forsey & the British fact.” The Dorchester Review 4, no. 2 (2014).
Edward, R.I. and F.C. Cronkite. “Canada and the Abdication.” Canadian Journal of Economics and Political Science 4, no. 2 (1938).
Estep, David. “Losing Jewels from the Crown: Considering the Future of the Monarchy in Australia and Canada.” Temple International and Comparative Law Journal 7, no. 2 (1993).
Evatt. H.V. “The Discretionary Powers of Dominion Governors.” Canadian Bar Review 18 (1940).
Forsey, Eugene A. “The Courts and the Conventions of the Constitution.” University of New Brunswick Law Journal 33 (1984).
———. “The Crown and the Constitution.” Dalhousie Review (Spring 1953).
———. “Disallowance of Provincial Acts, Reservation of Provincial Bills and Refusal of Assent by Lieutenant-Governors since 1867.” Canadian Journal of Economics and Political Science 4, no. 1 (1938).
———. “Disallowance of Provincial Acts, Reservation of Provincial Bills and Refusal of Assent by Lieutenant-Governors, 1937-47.” Canadian Journal of Economics and Political Science 14, no. 1 (1948).
———. “The Discretionary Authority of Dominion Governors.” Canadian Bar Review 18, no. 1 (1940).
———. “Mr. King and Parliamentary Government.” Canadian Journal of Economics and Political Science 17 (1951).
———. “The Role of the Crown in Canada since Confederation.” The Parliamentarian 60, no. 1 (1979).
———. “The Role and Position of the Monarch in Canada.” The Parliamentarian 64, no.1 (1983).
Fournier, Julien, et Amélie Binette. « La Couronne : vecteur du fédéralisme canadien. » Les Cahiers de Droit58, n° 4 (2017).
Franck, Thomas. “The Governor General and the Head of State Functions.” Canadian Bar Review 32 (1954).
———. “The Crown as Head of the Commonwealth.” U.B.C. Legal Notes 2 (1955).
Freeman, Damien. “The Queen and Her Dominions Successors: The Law of Succession tothe Throne in Australia and the Commonwealth of Nations.” Constitutional Law and Policy Review 4, no. 28 (2001).
Gagnon-Guimond, Renée. “Leurs Majestés au Québec : la visite royale de 1939.” La Revue d’histoire du Québec 5, no 4 (1990).
Galbraith, J. William. “Fiftieth Anniversary of the 1939 Royal Visit.” Canadian Parliamentary Review 12, no. 3 (1989).
Guly, Christopher. “The Perils of Prorogation.” The Lawyer’s Weekly 29, no. 6 (2010).
Harcourt, Freda. “Gladstone, Monarchism and the ‘New Imperialism’.” Journal of Imperial and Commonwealth History 14, no. 1 (1985).
Harding, Andrew. “The ‘Westminster Model’ Constitution Overseas: Transplantation, Adaptation and Development in Commonwealth States.” Oxford University Commonwealth Law Journal, Winter 2004.
Harris, Carolyn. “Canadian Women’s Responses to Royal Tours from the Eighteenth Century to the Present Day.” Royal Studies Journal 5, no. 1 (2018).
———. “The Queen’s Land: The Stories Behind the Names Embedded in Canada’s Geography.” Canada’s History (formerly The Beaver), August-September 2017.
Hawkins, Robert E. “ ‘The Monarch Is Dead; Long Live the Monarch’: Canada’s Assent to Amending the Rules of Succession.” Journal of Parliamentary and Political Law 7, no. 3 (2013).
Hazell, Robert, and Bob Morris. “If the Queen Has No Reserve Powers Left, What Is the Modern Monarchy For?” In “The Crown in the 21st Century,” Philippe Lagassé & Nicholas A. MacDonald, eds., Review of Constitutional Studies 22, no. 1 (2017).
———. “Swearing in the King: The Accession Declarations and Coronation Oaths.” Constitution Unit, University College London www.ucl.ac.uk/constitution-unit (May 2018).
Heard, Andrew. “British Columbia’s 2017 Extraordinary Contribution to Constitutional Conventions.” Journal of Parliamentary and Political Law 11 (2017).
———. “The Governor General’s Decision to Prorogue Parliament: A Chronology and Assessment.”Constitutional Forum constitutionnel 18, no. 1 (2009).
Heintzman, Ralph. “The Meaning of Monarchy.” Journal of Canadian Studies / Revue d’études canadiennes 12, no. 2 (1977).
Henderson, James (Sákéj) Youngblood. “The Perspectives of Aboriginal Peoples of Canada on the Monarchy: Reflections on the Occasion of the Queen’s Golden Jubilee.” Constitutional Forum constitutionnel 13 (2003).
Hendry, James McL. “Memorandum on the Office of Lieutenant-Governor of a Province: Its Constitutional Character and Functions.” Ottawa: Department of Justice, 1955.
Hicks, Bruce. “British and Canadian Experience with the Royal Prerogative.” Canadian Parliamentary Review 33, no. 2 (2010).
———. “The Crown’s ‘Democratic’ Reserve Powers.” Journal of Canadian Studies / Revue d’études canadiennes 44, no. 2 (2010).
———. “Guiding the Governor General’s Prerogatives: Constitutional Convention versus an Apolitical Decision Rule.” Constitutional Forum constitutionnel 18, no. 2 (2009).
———. “Lies My Fathers of Confederation Told Me: Are the Governor General’s Reserve Powers a Safeguard of Democracy?” Inroads 25 (2009).
Hodson, H.V. “Crown and Commonwealth.” The Round Table: The Commonwealth Journal of International Affairs 84, no. 33 (1995).
Hogg, Peter W. “The 2008 Constitutional Crisis: Prorogation and the Power of the Governor General.” National Journal of Constitutional Law 27 (2010).
———. “Succession to the Throne.” National Journal of Constitutional Law 33 (2014).
Hughes, Camilla. “The Fiduciary Obligations of the Crown to Aborigines: Lessons from the U.S. and Canada.” University of New South Wales Law Journal 16 (1993).
Hunter, Josh. “A More Modern Crown: Changing the Law of Succession in the Commonwealth Realms.” Commonwealth Law Bulletin 28 (2012).
———.“Succession to the Throne.” National Journal of Constitutional Law 33 (2014).
Hurley, James Ross. “The Royal Prerogative and the Office of Lieutenant Governor: A Comment.” Canadian Parliamentary Review 23, no. 2 (2000).
Huskins, Bonnie. “ ‘A tale of two cities’: Boosterism and the imagination of community during the visit of the Prince of Wales to Saint John and Halifax in 1860.” Urban History Review 28 (1999).
Irvine, Andrew. “John Buchan and the Founding of Canada’s Governor General’s Literary Awards.” The John Buchan Journal 49 (2016).
———. “John Buchan and the Universities.” The John Buchan Journal 51 (2018).
Irvine, Thomson. “Demise of the Crown: An Historical Review of the Law in Canada.” Journal of Parliamentary and Political Law 12 (2019).
Jackson, D. Michael. “The Development of Saskatchewan Honours.” Research paper for the Senior Management Development Program, Saskatchewan Public Service Commission, 1990.
———. “Governor General-ship in Crisis: Personal appointments are undermining the vice-regal offices.” The Dorchester Review 10, no. 2 (2020).
———. “How the Monarchy Protects Canadian Values.” Canadian Speeches: Issues of the Day 9, no. 2 (1995).
Johnston, Darlene. “A Theory of Crown Trust Towards Aboriginal Peoples.” Ottawa Law Review 18 (1986).
Joyal, Serge. “Who decides who should be Canada’s sovereign?” The Lawyer’s Daily, 15 & 19 May 2020.
Kennedy, W.P.M. “Canada and the Abdication Act.” University of Toronto Law Journal 2 (1937).
———. “The Kingdom of Canada.” Canadian Bar Review 17 (1939).
———. “The Regency Acts, 1937-1953.” University of Toronto Law Journal 10, no. 2 (1953-1954).
———. “The Royal Style and Titles.” University of Toronto Law Journal 10, no. 2 (1953-1954).
Kirk-Greene, Anthony H.M. “The Governors-General of Canada, 1867-1952: A Collective Profile.” Journal of Canadian Studies / Revue d’études canadiennes 12, no. 4 (1977).
Klinck, Jennifer. “Modernizing Judicial Review of the Exercise of the Prerogative Powers in Canada.” Alberta Law Review 54 (2017).
Kong, Hoi. “Towards a Civic Republican Theory of Canadian Constitutional Law.” Review of Constitutional Studies 15 (2011).
Lagassé, Philippe. “Accountability for National Defence: Ministerial Responsibility, Military Command and Parliamentary Oversight.” IRPP Study, no. 4 (2010).
———. “The Crown and Government Formation: Conventions, Practices, Customs, and Norms.” Constitutional Forum constitutionnel 28, no. 3 (2019).
———. “The Crown and Prime Ministerial Power.” Canadian Parliamentary Review 20 (2017).
———. “The Crown’s Powers of Command-in-Chief: Interpreting Section 15 of Canada’s Constitution Act, 1867.” Review of Constitutional Studies 18, no. 2 (2013).
———. “Defence Intelligence and the Crown Prerogative in Canada.” Canadian Public Administration, November 2021.
———. “Parliamentary and Judicial Ambivalence toward Executive Prerogative Powers in Canada.” Canadian Public Administration / Administration publique du Canada 55, no. 2 (2012).
———. “Royal Succession and the Constitutional Politics of the Canadian Crown, 1936-2013.” The Round Table: The Commonwealth Journal of International Affairs (September 2018).
Lagassé, Philippe, and James W.J. Bowden. “Royal Succession and the Canadian Crown as a Corporation Sole: A Critique of Canada’s Succession to the Throne Act, 2013.” Constitutional Forum constitutionnel23, no. 1 (2014).
Leggett, Rodney. “ ‘Freedom Wears a Crown’ Revisited.” The Dorchester Review 9, no. 2 (2019).
Lovewell, Mark. “The Inconvenient Crown.” Literary Review of Canada 20, no. 5 (2012).
Lowry, Donal. “The Crown, Empire Loyalism and the Assimilation of Non-British White Subjects in the British World: An Argument Against ‘Ethnic Determinism’.” The Journal of Imperial and Commonwealth History31, No.2 (2003).
MacDonald, Nicholas A., and James W. J. Bowden. “The Manual of Official Procedure of the Government of Canada: An Exposé.” Constitutional Forum constitutionnel 20, no. 1 (2011).
———. “No Discretion: On Prorogation and the Governor General.” Canadian Parliamentary Review 34, no. 1 (2011).
MacKinnon, Frank. “The Royal Assent in Prince Edward Island: Disallowance of Provincial Acts, Reservation of Provincial Bills and the Giving and Withholding of Assent by Lieutenant-Governors.” Canadian Journal of Economics and Political Science 15, no. 2 (1949).
Mallory, J. R. “The Appointment of the Governor General: Responsible Government, Autonomy and the Royal Prerogative.” Canadian Journal of Economics and Political Science 26, no. 1 (1960).
———. “The Lieutenant Governor’s Discretionary Powers.” Canadian Journal of Economics and Political Science 27 (1961).
———. “The Lieutenant Governor’s Discretionary Powers: The Reservation of Bill 56.” Canadian Bar Review27 (1961).
———. “The Office of Governor General Reconsidered.” Politics 13 (1978).
———. “The Royal Prerogative in Canada: The Selection of Successors to Mr. Duplessis and Mr. Sauvé.” Canadian Journal of Economic and Political Science 26, no. 2 (1960).
———. “Seals and Symbols: From Substance to Form in Commonwealth Equality.” The Canadian Journal of Economics and Political Science Vol. 22, no. 3 (Aug., 1956).
Malloy, Jonathan. “The Executive and Parliament in Canada.” Journal of Legislative Studies 10, no. 2/3 (2004).
Marshall, Peter. “The Balfour Formula and the Evolution of the Commonwealth,” The Round Table 90 (September 2001).
McCreery, Christopher. “Not the Governor General’s Choice: Canadian Honours and the Butler-Pitfield Principles.” Journal of Parliamentary and Political Law 13 (2019).
McCullough, Tony. “Roosevelt, Mackenzie King and the British Royal Visit to the USA in 1939.” London Journal of Canadian Studies 23 (2007-2008).
McIntyre, David W. “The Strange Death of Dominion Status.” Journal of Imperial and Commonwealth History27, no. 2 (1999).
McWhinney, Edward. “The Constitutional and Political Aspects of the Office of the Governor General.” Canadian Parliamentary Review 32, no. 2 (2009).
———. “Constitutional Guidelines for a Governor General in Minority Government Situations.” Canadian Parliamentary Review 29, no. 3 (2006).
———. “Fixed Election Dates and the Governor General’s Power to Grant Dissolution.” Canadian Parliamentary Review 31, no. 1 (2008).
———. “The Role of the Governor General: Some Lessons from Australia and the Commonwealth.” Canadian Parliamentary Review 33 (2010).
Messamore, Barbara J. “Conventions of the Role of the Governor General: Some Illustrative Historical Episodes.” Journal of Parliamentary and Political Law 4 (2010).
———. “A Critique of Bill C-569: Some Historical Background to the Appointment and Removal of Governors General.” Journal of Parliamentary and Political Law 9:3 (2016).
———. “George VI’s 1939 Royal Tour of Canada: Context and the Constitution.” Royal Studies Journal 5: no. 1 (2018).
———. “The Governor General is Gone: Long Live the Governor General.” Journal of Parliamentary and Political Law 14 (2021).
———. “ ‘The Line Over Which He Must Not Pass’: Defining the Office of Governor General, 1878.” Canadian Historical Review 86, no. 3 (2005).
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Patmore, Glenn A., and John D. Whyte. “Imagining Constitutional Crises: Power and (Mis)behaviour in Republican Australia.” Federal Law Review 25 (1997).
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Theses
Boisvert, Étienne. “La monarchie britannique, une institution populaire: Dieu et mondroit… et l’opinion publique?” MA thesis, Université de Sherbrooke, 2012.
Bowden, James W.J. “Reining in the Crown’s Authority over Dissolution: The Fixed-Term Parliaments Act in the United Kingdom versus Fixed-Date Election Laws in Canada.” MA thesis, Carleton University, 2018.
Henry, Wade A. “Royal Representation, Ceremony, and Cultural Identity in the Building of the Canadian Nation, 1860–1911.” PhD diss., University of British Columbia, 2001.
Lipa, J.S. “The Role of the Governor General in the Commonwealth: A Comparative Study.” MJur thesis, University of Auckland, 1993.
Messamore, Barbara. “The Governors-General of Canada, 1888-1911: British Imperialists and Canadian Nationalists.” MA thesis, Simon Fraser University, 1991.
Palmer, Sean. “The Ramifications of Sharing a Head of State: A Study in the Implications of a Structure.” PhD diss., Auckland University of Technology, 2010.
Philogene, Simone. “The Feminization of the Crown: The Role of the Governor-General’s Consort in Post-Confederation Canada, 1867-1989.” MA thesis, McGill University, 1993.
Pollock, Carolee Ruth. “His Majesty’s Subjects: Political Legitimacy in Quebec, 1764-1791.” PhD thesis, University of Alberta, 1996.
Rasmussen, Merrilee D. “The Decline of Parliamentary Democracy in Saskatchewan.” MA thesis, University of Regina, 1994.
Scott, Stephen A. “The Prerogative of the Crown in External Affairs and Constituent Authority in a Commonwealth Monarchy.” DPhil thesis, Oxford University, 1969.
Wilcox, Victoria M. “Prime Minister and Governor-General: Mackenzie King and Lord Tweedsmuir, 1935-1940.” MA thesis, Queen’s University, 1976.
Court rulings
This list is indicative rather than exhaustive. We gratefully acknowledge the contributions of Andrew Irvine, Philippe Lagassé, Warren J. Newman, Jonathan Shanks, and John D. Whyte to this section.
Church v. Blake (1875) 1 Q.L.R. 177
Justice Taschereau ruled in Quebec Superior Court that the prerogative of escheats (the right of the government to receive estates of the intestate) did not belong to the provincial Crown: “…ces droits appartiennent au souverain. Or, sous notre constitution, la souveraineté est à Ottawa. Il n’y a que là que Sa Majesté soit directement représentée.” However, this ruling was overturned by the Quebec Court of Queen’s Bench in 1876, holding that escheats fell within provincial jurisdiction.
Lenoir v. Ritchie (1879) 3 S.C.R. 575
Hearing an appeal on precedence of provincially-appointed Queen’s Counsel, the Supreme Court of Canada declared that Nova Scotia legislation providing for the appointment of Queen’s Counsel was ultra vires“because the lieutenant-governor had no right to exercise, nor the legislature to confer, this prerogative power.” The provinces were thus “royally demoted.”[1] (But see Liquidators of the Maritime Bank v. The Receiver General of New Brunswick, infra.)
[1] Robert C. Vipond, Liberty and Community: Canadian Federalism and the Failure of the Constitution (Albany: State University of New York Press, 1991), 66, 68.
Mercer v. Attorney General for Ontario (1881) 5 S.C.R. 538
With Justice Taschereau appointed to the Supreme Court of Canada in 1875, the composition of the Court had changed. In this case, involving an intestate estate, a majority of the Court held that while escheats were a part of the royal prerogative, the provincial government, through the office of the lieutenant governor, could have no claim on them.
Russell v. The Queen (New Brunswick) (1882) UKPC 33, [1881-82] 7 A.C. 829
William Russell appealed his conviction under the Canada Temperance Act. The Judicial Committee of the Privy Council upheld the federal statute, on the ground of Parliament’s residual jurisdiction to legislate for “peace, order and good government of Canada” when the subject of legislation did not clearly fall within provincial heads of power, even if it might bear on provincial jurisdictions. (In later cases, some judges sought to limit the significance of Russell and the scope of residual federal jurisdiction through claiming that the federal temperance legislation was held to be valid only because it was enacted in the context of a national emergency relating to alcohol usage.)
Hodge v. The Queen (Canada) (1883) UKPC 59, [1883-84] 9 A.C. 117
Archibald Hodge challenged his conviction under an Ontario liquor statute. The Judicial Committee of the Privy Council (JCPC) upheld Ontario’s right to administer its own liquor licensing system as a matter of property and civil rights in the province. The implication of this decision was that there can be concurrent federal and provincial legislation when a regulatory subject matter may be viewed from two aspects, one falling within federal jurisdiction and the other within provincial jurisdiction (the double-aspect doctrine). Equally significant was the decision that the provincial legislature was not a body exercising merely delegated authority but held direct legislative powers under the British North America Act (now the Constitution Act, 1867). The JCPCidentified provincial legislatures as co-sovereign legislative bodies and affirmed the constitutional doctrine of coordinate federalism.
The Queen v. Bank of Nova Scotia (1885) 11 S.C.R. 1
In The Queen v. Bank of Nova Scotia, the Supreme Court of Canada determined that in bankruptcies the Crown had preference over other creditors as a matter of Crown prerogative, but this entitlement inhered only in the federal, not the provincial, Crown.
Liquidators of the Maritime Bank v. The Receiver General of New Brunswick [1892] A.C. 437
Liquidators of the Maritime Bank revisited the question of the Crown’s precedence over other creditors. Lord Watson, for the Judicial Committee of the Privy Council, dismissed the argument that Confederation had severed the connection between the Crown and the provinces. He stated that “the object of the [British North America] Act was neither to weld the provinces into one, nor to sub-ordinate provincial governments to a central authority, but to create a federal government in which they should all be represented, entrusted with the exclusive administration of affairs in which they had a common interest, each province retaining its independence and autonomy.” He affirmed the judgment of the Supreme Court of Canada that the provincial Crown was entitled to priority over other creditors on the basis of its loan being “a Crown debt to which the prerogative attaches,” since “a Lieutenant-Governor, when appointed, is as much a representative of Her Majesty for all purposes of provincial government as the Governor-General himself is for all purposes of Dominion government.”
Attorney-General for Canada v. Attorney-General for Ontario [1898] A.C. 247
Lord Watson, for the Judicial Committee of the Privy Council, confirmed that the prerogatives of the provincial Crown included the right to appoint Queen’s Counsel, as had been asserted by Ontario and Nova Scotia since Lenoir v. Ritchie.
Bonanza Creek Gold Mining Co. v. The King (1916) 1 A.C. 566
In Bonanza Creek, Viscount Haldane ruled for the Judicial Committee of the Privy Council that an Ontario company incorporated under letters patent issued by the lieutenant governor had the status and capacity of a natural person and could, therefore, take out mining leases in the Yukon.
Re Initiative and Referendum Act [1919] A.C. 935, 49 D.L.R. 18 (P.C.)
The Manitoba statute in question provided for legislation to be adopted and put into effect by popular referendum, as well as through the regular legislative process. It was held by the Judicial Committee of the Privy Council to be unconstitutional because it interfered with the lieutenant governor’s constitutional role as head of the legislature in granting royal assent to legislation, and therefore amounted to an attempt to amend the provincial vice-regal office protected by section 92(1) of the British North America Act. Lord Haldane referred to the position of the lieutenant governor “as directly representing the Sovereign in the province.”
A.G. v. De Keyser’s Royal Hotel Ltd. (1920) A.C. 508 (H.L.)
De Keyser is a British case, still routinely cited by Canadian courts in cases involving prerogative powers, which held that governments must act with statutory authority when a statute and prerogative occupy the same legal ground. The case reaffirmed the supremacy of Parliament and statute over the Crown and its prerogatives in the United Kingdom.
Toronto Electric Commissioners v. Snider (1925) UKPC 2, [1925] A.C. 396
In Snider, the Judicial Committee of the Privy Council held federal industrial relations legislation to be ultra vires because the legislation interfered with provincial jurisdiction over “property and civil rights in the province,” conferred by section 92(13) of the British North America Act, which includes the regulation of contracts of employment. The Committee found there to be no emergency with respect to industrial relations that would warrant federal interference with a matter under provincial jurisdiction. In his opinion for the Committee, Lord Haldane said that the provinces were “in a sense like independent kingdoms with very little Dominion control over them” and “should be autonomous places as if they were autonomous kingdoms.”
Reference re Disallowance and Reservation of Provincial Legislation [1938] S.C.R. 71.
In 1938, pursuant to s.55 of the Supreme Court Act, the Supreme Court responded to a request to clarify both the power of Canada’s governor general to disallow provincial legislation and the power of Canada’s lieutenant governors to reserve passage of provincial legislation. With regard to the former, the court unanimously concluded that
“The power to disallow provincial legislation, vested in the Governor General in Council by s. 90 of The British North America Act, 1867, is still a subsisting power. Its exercise is not subject to any limitations or restrictions, save that the power shall be exercised within the prescribed period of one year after the receipt of an authentic copy of the Act by the Governor General. The fact that, as is the practice in some provinces, the Lieutenant-Governor assents to a Bill in the name, not of the Governor General but of His Majesty, does not impair the legal validity of his assent, nor does it affect the said power of disallowance vested in the Governor General in Council.”
With regard to the latter, the court unanimously concluded that
The power to reserve, for the signification of the pleasure of the Governor General, Bills passed by the legislative assembly or legislative authority of a province, vested in the Lieutenant-Governor by s. 90 of The British North America Act, 1867, is still a subsisting power. Its exercise is not subject to any limitations or restrictions, save that the discretion of the Lieutenant-Governor shall be exercised subject to any relevant provision in his Instructions from the Governor General.
The King v. Caroll [1948] S.C.R. 126
“In a case in 1948, The King v. Caroll, the Supreme Court of Canada put paid to the notion that, in law, lieutenant governors are officials of the federal government simply because they are appointed, paid, and may be instructed by the federal government; once appointed, the Court ruled, lieutenant governors are officials of their provincial governments. The case involved a retired judge who was appointed to be lieutenant governor and denied his judicial pension on the grounds that the Judges Act prohibited paying the pension while a retiree holds a public office under the government of Canada.”[1] Writing for the majority, Robert Taschereau, J. said:
[T]he nature of the federal and provincial legislative and executive powers is clearly settled, and a Lieutenant-Governor, who “carries on the Government of the Province”, manifestly does not act in respect of the Government of Canada. All the functions he performs are directed to the affairs of the Province and are in no way connected with the Government of Canada, and it is the functions that he performs that must be examined in order to determine the nature of his office.
[1] Andrew Heard, “The Provincial Crown and Lieutenant Governors,” in D. Michael Jackson, ed., Royal Progress: Canada’s Monarchy in the Age of Disruption (Toronto: Dundurn, 2020), 52-53.
Gallant v. The King [1949] Supreme Court of Prince Edward Island
In 1945, the lieutenant governor of Prince Edward Island withheld royal assent on his own initiative, and without ministerial advice as in previous cases, to a bill liberalizing prohibition laws. In the same year his successor granted royal assent by proclamation. The legislation was challenged in the provincial Supreme Court, which ruled in 1949 that “the royal assent was never given legally and the bill, once vetoed, remained inoperative unless re-enacted by the legislature and assented to in the usual manner by the Lieutenant-Governor.”[1] The issue, said the Court, was that “there is no provision for reconsideration of a ‘withheld’ assent.” (By then the question was moot because prohibition had ended.) Saywell noted that “although the withholding of assent […] is clearly irregular, it is not illegal.”[2]
[1] John T. Saywell, The Office of Lieutenant-Governor (Toronto: Copp Clark Pitman, 1986), 223.
[2] Ibid., 222.
The Queen (Canada) v. The Queen (Prince Edward Island), [1978] 1 F.C. 533 (F.C.A.)
The Federal Court of Appeal held that the Prince Edward Island Terms of Union created a legal duty in favour of the province in respect of the maintenance of a ferry service between the Island and the mainland. The trial judge had stated: “Her Majesty the Queen in the right of Canada has seen fit to assume the responsibility of establishing and paying for a ferry service […] The Queen in the right of Prince Edward Island is the same Queen as the Queen in the right of Canada. Here the liability is that of the Queen in the right of Canada.” Chief Justice Jackett, for the majority of the Court of Appeal, went on to make some observations about the status of the Crown in the United Kingdom and Canada, and specifically in the Canadian federal state:
[By the time of the British North America Act of 1867] absolute power had been originally, legally and factually, vested in the Sovereign but, by a process of gradual development, government had been separated into legislative, executive and judicial branches, carried on legally in the name of the Sovereign, although in fact by a democratically controlled organization.
[…] by 1867, as a result of such gradual development – statutory, jurisprudential and conventional – government was carried on in the United Kingdom
(i) on the legislative side, by the Sovereign acting by and with the advice and consent of the United Kingdom Houses of Parliament,
(ii) on the executive side, by the Sovereign acting either on the advice of, or through the agency of, Ministers (collectively called, as of any time, the “Government” of “the day”) which Ministers were not, generally speaking, chosen by the Sovereign but had tenure based on maintaining the confidence of Parliament, and
(iii) on the judicial side, by judges appointed by the Sovereign on the advice of Ministers but who, once appointed, were, during good behaviour, independent, in fact if not in law, of the Sovereign, the executive Government and Parliament;
with the result that, subject to statutory exceptions, while others had the de facto power and responsibility, all acts of government, in the widest sense of that word, were, in law, acts of the Sovereign and all public property was vested in the Sovereign. […]
By [the British North America Act], legislative and executive power in the Union was divided between
(a) “Executive Government and authority of and over Canada” that was vested in “The Queen” […] and a “Parliament for Canada” consisting of the Queen and the Canadian Houses of Parliament […], and
(b) an “Executive Authority” for each province […], also vested in the Queen, and a Legislature for each province […] consisting of a Lieutenant Governor acting on behalf of the Queen and an appropriate legislative body. […]
It does not seem to me to make any difference whether the parties to this proceeding are conceived to be (a) the “Governments” of Canada and Prince Edward Island, respectively, (b) Her Majesty in right of Canada and HerMajesty in right of Prince Edward Island, regarded as two separate legal personalities, or (c) Canada and Prince Edward Island regarded as political entities (rather than ordinary legal personalities) upon whom the Constitution imposes rights and obligations that may give rise to disputes […]
Reference re Resolution to Amend the Constitution [1981] 1 S.C.R. 753
In the Patriation Reference, the Supreme Court of Canada noted that the constitutional order is expressed through both constitutional laws and constitutional conventions. Conventions are governmental practices that are repeated over time in like circumstances and that reflect norms necessary to the sensible operation of the relationship between the constitutional elements of the state. Conventions develop from precedents over time and are rules that political actors recognize as binding upon their conduct. Conventions protect certain constitutional principles and values and ensure that the formal machinery of government is operated in way consistent with those principles and values. They can thus be more significant to constitutional integrity than some constitutional laws, but they are not enforced by the courts because they are political, not legal rules.
In this reference case, the Supreme Court of Canada recognized the existence of certain conventions relating to constitutional amendment, without issuing any orders directing compliance. The Court’s advisory opinion nonetheless carried considerable weight and effectively obliged the federal government of the day to negotiate with the provinces further changes to the constitutional patriation proposals.
The Queen v. The Secretary of State for Foreign and Commonwealth Affairs [1981] 4 C.N.L.R.
In an appeal from the denial of an application made by three First Nations organizations, Lord Denning of the English Court of Appeal stated that “it was recognized that, as a result of constitutional practice, the Crown was no longer indivisible. […] As a result, the obligations of the Crown under the Royal Proclamation [of 1763] and the Indian treaties became the obligations of the Crown in respect of Canada.” Lord Justice May added, “In matters of law and government the Queen of the United Kingdom is entirely independent and distinct from the Queen of Canada.”
Guerin v. The Queen [1984] 2 S.C.R. 335
The Supreme Court of Canada held that the federal Crown holds a fiduciary duty to First Nations’ interests that goes beyond legal technicalities and contractual language and rules. This duty rests on the Royal Proclamation of 1763 and that document’s creation of a duty on the Crown to conduct dealings with First Nations to prevent exploitation and pursue the best interests of “Indians.” The Court stated that Aboriginal oral tradition carried great weight in interpreting this duty.
Operation Dismantle v. The Queen [1985] 1 S.C.R. 441
In Operation Dismantle, the Supreme Court of Canada considered whether the Canadian government’s decision to allow American cruise missile testing in Canada violated the “right to life, liberty, and security of the person” in section 7 of the Canadian Charter of Rights and Freedoms, which was enacted s part of the Constitution Act, 1982. Although the Court found that there was no rights violation in this case, the justices held that Crown prerogatives on which diplomatic relations with foreign nations are based were susceptible to judicial review (and judicial remedy) if the exercise of this prerogative power, or any other act of the executive founded on Crown prerogative, violated constitutional law.
Alberta Government Telephones v. Canada [1989] 2 S.C.R. 225
As part of its ruling on whether Alberta Government Telephones, as an agent of the provincial Crown, was immune from federal regulatory jurisdiction over interconnecting works, the Supreme Court noted that the federal legislation did not purport to bind the provincial Crown. The Court endorsed the requirement that an intention to bind the Crown in right of Canada, or of a province, must be clearly expressed in the legislation.
Reference re Manitoba Language Rights [1992] 1 S.C.R. 212.
In 1985, the Supreme Court responded to a request to clarify whether the use of both English and French was mandatory for the recording of all Records and Journals of the Houses of the Parliament of Canada and of the Legislatures of Quebec and Manitoba, and the Acts of the Parliament of Canada and of the Legislatures of Quebec and Manitoba. The court responded in the affirmative. The decision was supplemented in 1992 (Reference re Manitoba Language Rights, [1992] 1 S.C.R. 212) to include orders in council which are of a legislative nature and, under certain conditions, to documents incorporated by reference in the legislation.
In the 1985 reference, the court also commented on the importance of the rule of law in Canada, and the role of Canada’s Governor General and Canada’s Lieutenant Governors in upholding the rule of law, noting that “The principle of rule of law, recognized in the Constitution Acts of 1867 and 1982, has always been a fundamental principle of the Canadian constitutional order. The rule of law requires the creation and maintenance of an actual order of positive laws to govern society. Law and order are indispensable elements of civilized life.”
M. v. Home Office [1994] 1 A.C. 377
M. v. Home Office is a British case that affirmed that the Crown’s immunity from injunctions does not extend to ministers or other Crown servants acting in their official capacity. Lord Templeman noted that “judges cannot enforce the law against the Crown as Monarch because the Crown as Monarch can do no wrong, but judges enforce the law against the Crown as executive and against the individuals who from time to time represent the Crown.”
Roach v. Canada (Minister of State for Multiculturalism and Citizenship) (F.C.A.) [1994] 2 F.C. 406
The Federal Court of Appeal considered whether requiring candidates for citizenship to swear an oath to the Queen violated candidates’ Charter rights to espouse republicanism. The appeal was dismissed on the basis that, as long as Canada is a constitutional monarchy with the Sovereign as its head of state, requiring the swearing of an oath to the Queen accords with the Constitution’s fundamental structure and confirms candidates’ acceptance of (although not necessarily agreement with) that basic structure.
Delgamuukw v. British Columbia [1997] 3 S.C.R. 1010
In Delgamuukw the Supreme Court of Canada gave clearer scope to claims for Aboriginal title and Aboriginal rights. These two claims are distinct but related. Aboriginal title arises at the time Crown sovereignty is asserted over land and becomes a legal burden on the Crown’s title. Aboriginal occupation is enough to establish title, and proof of specific continued uses of territory is not required. Aboriginal rights may be infringed by governments but only when there is a compelling reason to do so and the infringement is consistent with the fiduciary relationship between the Crown and Aboriginal peoples. This case both recognized a robust idea of Aboriginal title and confirmed the consultation and compensatory elements of meeting the fiduciary duty of the Crown.
Reference re Remuneration of Judges [1997] 3 S.C.R. 3
The Supreme Court of Canada identified constitutional principles flowing from the preamble to the Constitution Act, 1867(which records the federating provinces’ desire to have “a Constitution similar in Principle to that of the United Kingdom”) and from purposes implied by relevant constitutional provisions. These principles related to the separation of legislative, executive and judicial powers and the independence of judges, and served as the basis for the Court’s requirements with respect to relations between provincial governments and provincial courts.
Reference re Secession of Quebec [1998] 2 S.C.R. 217
In the Secession Reference, the Supreme Court of Canada invoked several constitutional principles which underlie the constitutional text and which assist in its interpretation. Such principles “emerge from an understanding of the constitutional text itself, the historical context, and previous judicial interpretations of constitutional meaning. […] These principles inform and sustain the constitutional text; they are vital unstated assumptions upon which it is based.”[1] From the principles of federalism, democracy, constitutionalism and the rule of law, and the protection of minorities, the Court articulated the constitutional requirements that would apply to an initiative taken by a province to seek a constitutional amendment to secede from Canada by lawful means. “The Constitution binds all governments, both federal and provincial, including the executive branch […] They may not transgress its provisions: indeed, their sole claim to exercise lawful authority rests in the powers allocated to them under the Constitution, and can come from no other source.”
[1] Brian Slattery, “Why the Governor General Matters,” in Parliamentary Democracy in Crisis, Peter H. Russell and Lorne Sossin, eds. (Toronto: University of Toronto Press, 2009), 83.
R. v. Marshall (No. 1) [1999] 3 S.C.R. 456
The Supreme Court of Canada emphasized (citing its earlier ruling in R. v. Badger, [1996] 1 S.C.R. 771) that “the honour of the Crown is always at stake in its dealings with aboriginal people. […] Interpretations of treaties and statutory provisions which have an impact upon treaty or aboriginal rights must be approached in a manner which maintains the integrity of the Crown.” This principle was applied in the interpretation of a 1760 treaty, thereby protecting a Mi’kmaq right to harvest eels.
Campbell v. British Columbia (2000) B.C.S.C. 1123
The Supreme Court of British Columbia upheld the recognition in the Nisga’a treaty of Aboriginal rights, including the right of self-government. That treaty recognized Nisga’a jurisdiction to make laws. The court held that provincial legislation implementing this recognition did not violate constitutional provisions relating to the head of state or the legislative powers of the federal and provincial governments. Constitutional recognition of Aboriginal rights includes the capacity to exercise governmental powers outside structures of government expressly set out in the Constitution Act, 1867.
Black v. Chrétien (Prime Minister) [2001] 54 O.R. (3d) 215, 199 D.L.R. (4th) 228 (C.A.)
The Ontario Court of Appeal ruled that the prime minister’s exercise of the prerogative power with respect to relations between states to deny a Canadian citizen—Conrad Black—a British peerage was not subject to judicial review. Executive prerogatives exercised by prime ministers should be approached with a degree of deference by the courts, especially when their use does not violate the Constitution.
Ross River Dena Council Band v. Canada SCC 54, [2002] 2 S.C.R. 816
In Ross River, the Supreme Court of Canada found that the prerogative power to create First Nations reserves had been displaced by the Indian Act by necessary implication. The case helped refine the conditions for determining whether a prerogative power has been displaced by necessary implication of legislative provisions.
O’Donohue v. Canada 2003 CanLII 41404 (ONSC)
In O’Donohue, the Ontario Superior Court considered whether the provisions of the Act of Settlement of 1701relating to monarchical succession violate the protection of equality in section 15(1) of the Canadian Charter of Rights and Freedoms. Justice Rouleau held that a principle of symmetry and union exists with respect to the Canadian monarch, so that the Canadian monarch is identified as the same person as the monarch of the United Kingdom. This principle is part of the underlying structure of Canadian constitutional law and, therefore, the operation of the Charter of Rights could not displace it. This ruling was confirmed by the Ontario Court of Appeal in 2005. (See also Motard and Taillon v. Canada (Attorney General), infra.)
Haida Nation v. British Columbia (Minister of Forests) [2004] 3 S.C.R. 511, 2004 SCC 73
In Haida, the Supreme Court of Canada found that the honour of the Crown toward First Nations must be “understood generously” and that it imposes a duty on governments to “consult with Aboriginal peoples and accommodate their interests” when undertaking actions that might affect Aboriginal rights or title. However, the Court specified that “the Crown is not under a duty to reach an agreement; rather, the commitment is to a meaningful process of consultation in good faith.” The scope and duties surrounding the principle of the honour of the Crown toward First Nations have been further specified by the Supreme Court, notably in the cases of Mikisew Cree First Nation v. Canada (Minister of Canadian Heritage) [2005] 3 S.C.R. 388 and Manitoba Métis Federation Inc. v. Canada (Attorney General) 2013 SCC 14.
Chainnigh v. Attorney General of Canada 2008 FC 69
Chainnigh addressed the obligation of military officers to honour and swear allegiance to the Queen in Canada. In dismissing the application for judicial review of this obligation, the Federal Court of Canada outlined the nature of the relationship between the Sovereign and armed forces, and found that oaths to the Queen flow from her position within the military command structure as the fount of military command authority. The oath of allegiance to the commander is a suitable military condition.
Conacher v. Canada (Prime Minister) Federal Court, 2009 FC 920 [2010] 3 F.C.R. 411
In Conacher, the Federal Court examined whether an amendment to the Canada Elections Act that set, as a general rule, fixed dates for general elections, established a convention or other restraint limiting the prime minister’s discretion with respect to advising the governor general to dissolve Parliament. The legislation specifically preserved the governor general’s legal power to dissolve Parliament at the governor general’s discretion. The Federal Court found that the legislation did not impair the prime minister’s own discretion to advise that Parliament be dissolved.
Conacher v. Canada (Prime Minister) Federal Court of Appeal, 2010 FCA 131
The Federal Court of Appeal dismissed the appeal from the judgment of the Federal Court. The Court of Appeal held that section 56.1 of the Canada Elections Act “must be interpreted in light of the constitutional status and role of the Governor General. Section 56.1 does not prohibit the Governor General from dissolving Parliament and setting an election date. In fact, this discretion and power (enshrined in section 50 of the Constitution Act, 1867) is specifically preserved by subsection 561(1). The Governor General’s status, role, powers and discretions are unaffected by section 56.1” With respect to conventions concerning the prime minister’s advice to the governor general, “the preservation of the Governor General’s powers and discretions under subsection 56.1(1) arguably may also extend to the Prime Minister’s advice-giving role. In any event, it seems to us that if Parliament meant to prevent the Prime Minister from advising the Governor General that Parliament should be dissolved and an election held, Parliament would have used explicit and specific wording to that effect in section 56.1. Parliament did not do so. In saying this, we offer no comment on whether such wording, if enacted, would be constitutional.”
Canada (Prime Minister) v. Khadr 2010 SCC 3, [2010] 1 S.C.R. 44
In Khadr, the Supreme Court of Canada ruled unanimously that, although the federal government had been a party to a violation of the appellant’s Charter right to be treated according to fair procedures while being held in a foreign jail, the specific remedy sought against the government could not be ordered since that remedy would entail interference with the government’s prerogative powers with respect to the conduct of relations between states.
The Court found that this prerogative power had not been supplanted by legislation governing the Department of Foreign Affairs and International Trade and, therefore, that actions taken or not taken with other states are not amenable the normal judicial supervision of the exercise of statutory powers. The principle of subjecting exercises of prerogative powers to constitutional standards is affirmed in this case, but judicial remedies must operate within the constraint that the exercise of prerogative powers cannot be judicially prescribed.
Teskey v. Canada (Attorney General) 2013 ONSC 5046
In the Ontario Superior Court of Justice, Hackland J. agreed with the decision in O’Donohue v. Canada that the rules for the succession to the throne were required for the functioning of the monarchy and as such were constitutionally entrenched. “In the present case,” he said, “the applicant submitted in argument that Canada could and should adopt different succession rules from those which pertain in Great Britain, with the possibility of recognizing a different monarch. I reject that argument on the same basis as Rouleau J. which is that this would change our present constitution in a fundamental manner and would involve the court changing, rather than protecting, our fundamental constitutional structure.”
McAteer et al. v. Attorney General of Canada 2013 ONSC 5895
In McAteer, the Ontario Superior Court of Justice was asked to consider whether swearing an oath to the Queen of Canada in order to obtain Canadian citizenship violated the applicants’ rights under the Canadian Charter of Rights and Freedoms. In this ruling, Morgan J. found that the citizenship oath constituted a type of compelled expression, but that it was justified under section 1 of the Charter. As part of his ruling, Morgan J. made several significant observations about the Sovereign’s role in Canada. He noted that the “Crown sits at the sovereign apex of the legal and political system” and that in swearing an oath to the Queen, new citizens were expressing their loyalty toward “the institution of the state that she represents.” More precisely, he reasoned that “the oath to the Queen is in fact an oath to a domestic institution that represents egalitarian governance and the rule of law.”
McAteer v. Canada (Attorney General) Ontario Court of Appeal, 2014 ONCA 578
The Ontario Court of Appeal held that although taking an oath of allegiance to the Queen as prescribed by the Citizenship Act had an effect on the appellants’ freedom of expression, there was no violation of s. 2(b) of the Canadian Charter of Rights and Freedoms, or if there was, the limitation would be justified as a reasonable under s. 1 of the Charter. Justice Weiler, writing for the Court of Appeal, interpreted the oath purposively, as an oath to Canada’s form of government, “as symbolized by the Queen as the apex of our Canadian parliamentary system of constitutional monarchy.” The Court found that the underlying purpose of the oath was not to control a form of expression, but to inquire into whether the prospective citizen is willing to abide by this country’s form of government, a democratic constitutional monarchy, unless and until it is changed.” The oath is a symbolic commitment to be governed by that system.
“The purpose of the oath is to inquire into prospective citizens’ willingness to accept the rights and responsibilities of citizenship. In exchange for the privileges of Canadian citizenship, the would-be citizen solemnly promises to be loyal to the values represented by Canada’s form of government and to accept the responsibilities of citizenship.” Moreover, “[t]he substance of the oath reflects the Queen’s constitutional status, and the circumstances giving rise to the oath flow from this country’s foundational documents. More importantly, the oath promotes the unwritten constitutional principles of the rule of law and democracy, as well as the values for which this country stands.”
Galati v. Governor General of Canada, 2015 FC 91
The Federal Court of Canada “held that the grant of royal assent by the Governor General was a legislative act and thus not justiciable. [Justice] Rennie regarded royal assent as ‘the final stage in the legislative process’ and that it is given on behalf of the Queen in Parliament. This was consistent with previous authority that the Lieutenant Governor, as a representative of the Sovereign, is part of the legislature, including when giving royal assent. [See Re Initiative and Referendum Act, 1919, and Gallant v The King, 1949.] [Justice Rennie] then observed: ‘in granting assent, the Governor General does not exercise an independent discretion. He acts on the advice of the Prime Minister. Assent must be given to a bill that has passed both Houses of Parliament; to withhold assent would be inconsistent with the principle of responsible government’.”[1]
Anne Twomey has commented that Galati “is a prime example of the type of contextual confusion that can manifest itself in judicial pronouncements concerning royal assent.”[2] “It is not clear,” she adds, whether Rennie J’s assertion “applies to withholding assent upon the advice of the Prime Minister, or only those cases where assent is withheld contrary to, or without, ministerial advice.”[3]
[1] Anne Twomey, The Veiled Sceptre, 622.
[2] Ibid., 621-622
[3] Ibid., 622
Motard and Taillon v. Canada (Attorney General), Superior Court of Quebec, February 16, 2016
The applicants sought to have the Succession to the Throne Act, 2013, enacted by the Parliament of Canada, declared invalid, alleging that in substance the Act constituted an amendment to the Constitution of Canada in relation to the office of the Queen, and thus required the application of the unanimous consent procedure in s. 41(a) of the Constitution Act, 1982. They also argued alternatively that the Act violated the Charter’s guarantees of freedom of religion and equality, and that the Act did not respect the requirement of bilingual enactment set out in s. 18 of the Charter and s. 133 of the Constitution Act, 1867. The Attorney General of Canada defended the validity of the Succession to the Throne Act, 2013, supported by Senator Serge Joyal, one of the interveners, and the Superior Court upheld the validity of the legislation.
Justice Claude Bouchard, writing for the Court, ruled that the Parliament of Canada possessed the authority, under the residuary power set out in the opening words of s. 91 of the Constitution Act, 1867, to enact a law assenting to changes in the British law on the succession to the Throne. No constitutional amendment in relation to the office of the Queen was required. Whoever, by the law of royal succession in the United Kingdom, was Queen (or King) in the UK would automatically be Queen (or King) in Canada. A distinction needed to be drawn between the 2013 legislation and “changes in relation to the powers, status and constitutional role of the Crown.” The “sole purpose” of the Succession to the Throne Act, 2013 was “to express Canada’s assent to alterations to the British law on royal succession, in fulfilment of the constitutional convention set out in the second recital of the preamble to the Statute of Westminster, 1931.” Finally, “the Succession to the Throne, Act, 2013 did not give force of law to the British statute or extend it to Canada, either directly or by incorporation by reference.”
Clyde River (Hamlet) v. Petroleum Geo-Services Inc., 2017 SCC 40
The Supreme Court of Canada held that the National Energy Board, an administrative tribunal and regulatory agency, had a duty to consult the Inuit of Clyde River before authorizing offshore seismic testing for oil and gas in Nunavut. Although the Board was neither the Crown nor designated as a Crown agent, it still acts on behalf of the Crown when it makes a final decision on a project application, and is the vehicle through which the Crown acts. While the Crown may rely on the NEB’s process to fulfill its duty to consult, the consultation and accommodation efforts in this case were inadequate and fell short in several respects. Therefore, the Crown breached its duty to consult in respect of the proposed testing.
Justices Brown and Karakatsanis, writing for the Court, noted: “It bears reiterating that the duty to consult is owed by the Crown. In one sense, the ‘Crown’ refers to the personification in Her Majesty of the Canadian state in exercising the prerogatives and privileges reserved to it. The Crown also, however, denotes the sovereign in the exercise of her formal legislative role (in assenting, refusing assent to, or reserving legislative or parliamentary bills), and as the head of executive authority […] For this reason, the term ‘Crown’ is commonly used to symbolize and denote executive power.”
Mikisew Cree First Nation v. Canada (Governor General of Canada), 2018 SCC 40
The Mikisew Cree First Nation argued that ministers were exercising an executive function when developing legislation that affected them. Drawing on ministers’ statutory authority, they noted that ministers and their departments were involved in crafting the legislation that would be presented to Parliament, hence the executive was part of the law-making process.
A majority of the Supreme Court, however, found that the duty to consult First Nations is attached to the Crown in an executive capacity, rather than the Crown in a legislative capacity as part of Parliament. The honour of the Crown toward First Nations belongs to the Crown as the executive power, not the Crown-in-Parliament. The majority further found that the separation of powers and parliamentary sovereignty meant that the courts should not review the legislative process to ensure that the honour of the Crown had been respected. The duty to consult and the honour of the Crown are tied to executive actions and actors, not legislative ones. Justice Brown noted that the duty to consult binds ministers of the Crown in their executive capacity, not in their legislative capacity. When the Crown acts in a legislative capacity, granting assent or consent to legislation, and recommending bills, the Crown is not involved in conduct that is bound by the duty to consult.
Motard and Taillon v. Canada (Attorney General), Quebec Court of Appeal, October 29, 2019
The Court of Appeal dismissed arguments that the Succession to the Throne Act, 2013 was an attempt to amend the Constitution of Canada in relation to the office of the Queen that could only be effected through the unanimous consent procedure of section 41 of the Constitution Act, 1982, and that the rules of succession to the throne as set out in the provisions of the English Bill of Rights of 1688-89 and the Act of Settlement of 1701, are themselves part of the supreme law of Canada.
Instead the Court agreed with the trial judge and the Attorney General of Canada that the Succession to the Throne Act, 2013 was consistent with the Canadian constitutional framework and principles and with statutory precedents that gave effect to a convention recorded in the preamble to the Statute of Westminster, 1931 to the effect that Dominion Parliaments as well as the UK Parliament ought to consent to alterations to the law touching the succession to the throne and the royal style and titles. The Court also rejected other arguments based on the constitutional requirements relating to bilingual enactment (which were followed) and on freedom of religion (which was not affected in Canada).
Motard and Taillon v. Canada (Attorney General), Supreme Court of Canada, April 23, 2020
The Supreme Court of Canada dismissed the application for leave to appeal the October 2019 judgment of the Quebec Court of Appeal, which therefore remains the definitive ruling on the matter of the succession.
Toronto (City) v. Ontario (Attorney General) 2021 SCC 34
The Supreme Court ruled that unwritten constitutional principles cannot be employed to invalidate legislation; the role of such principles is essentially to aid in the interpretation of the provisions of the Constitution. The Court did leave the door open, however (without deciding the issue) that the sole potential exception might be in the context of the honour of the Crown:
We note an important caveatto the foregoing. The unwritten constitutional principle of the honour of the Crown is sui generis. As correctly noted in submissions of the interveners the Métis Nation of Ontario and the Métis Nation of Alberta, the honour of the Crown arises from the assertion of Crown sovereignty over pre‑existing Aboriginal societies (Haida Nation v. British Columbia (Minister of Forests), 2004 SCC 73, [2004] 3 S.C.R. 511, at para. 32), and from the unique relationship between the Crown and Indigenous peoples (Guerin v. The Queen, [1984] 2 S.C.R. 335, at p. 385). We need not decide here whether the principle is capable of grounding the constitutional invalidation of legislation, but if it is, it is unique in this regard.