The monarch is shared in a
personal union with 14 other
Commonwealth realms within the 56-member
Commonwealth of Nations. As he resides in the United Kingdom,
viceroys (the
governor general of Canada in the federal sphere and a
lieutenant governor in each province) represent the sovereign in Canada and are able to carry out most of the royal governmental duties, even when the monarch is in the country Nevertheless, the monarch can carry out Canadian constitutional and ceremonial duties abroad. The evolution of the role of the governor general from being both a representative of the sovereign and an "agent of the British government" who " in matters deemed to be of 'imperial' concern... acted on the instructions of the British
Colonial Office" to being solely a representative of the monarch developed with a rise in
Canadian nationalism following the end of the
First World War culminating in the passage of the
Statute of Westminster in 1931. Since then, the Crown has had both a shared and a separate character: the sovereign's role as monarch of Canada has been distinct from their position as monarch of any other realm, including the United Kingdom. Only Canadian federal
ministers of the Crown may advise the sovereign on any and all matters of the Canadian state, of which the sovereign, when not in Canada, is kept abreast by weekly communications with the federal viceroy. The monarchy thus ceased to be an exclusively British institution and, in Canada, became a Canadian, or "domesticated", establishment, though it is still often denoted as "British" in both legal and common language, when he and other members of the royal family are acting in public specifically as representatives of Canada, they use, where possible, Canadian symbols, including the country's
national flag,
unique royal symbols,
armed forces uniforms, and the like, as well as Canadian Forces aircraft or other Canadian-owned vehicles for travel. Once in Canadian airspace, or arrived at a Canadian event taking place abroad, the
Canadian secretary to the King, officers of the
Royal Canadian Mounted Police (RCMP), and other Canadian officials will take over from whichever of their other realms' counterparts were previously escorting the King or other member of the royal family. The sovereign similarly only draws from Canadian funds for support in the performance of his duties when in Canada or acting as King of Canada abroad; Canadians do not pay any money to the King or any other member of the royal family, either towards personal income or to support royal residences outside of Canada. There are five aspects to the monarchy of Canada: constitutional (such as the use of the
royal prerogative in summoning and dissolving parliament, granting
royal assent), national (delivering the
Speech from the Throne and the
Royal Christmas Message, distributing honours, decorations, and medals, and partaking in
Remembrance Day ceremonies), international (the monarch being head of state in other Commonwealth realms, and being the
head of the Commonwealth), religious (the words
by the grace of God in the
monarch's title, the
Act of Settlement, 1701, requiring the sovereign to be Anglican, and the monarch encouraging people "to tolerate, accept, and understand cultures, beliefs, and faiths different from our own"), and the welfare and service monarchy (seen in members of the
royal family founding charities and supporting others, fundraising for charity, and
giving royal patronage to civil and military organizations).
Succession and regency As in the other
Commonwealth realms, the current
heir apparent to
the Canadian throne is
William, Prince of Wales, who is followed in the line of succession by his eldest child,
Prince George.
Demise of the Crown and accession Upon the death of the monarch, there is an immediate and automatic succession by the late sovereign's heir; hence the phrase, "
the King is dead. Long live the King". No confirmation or further ceremony is necessary. The federal
cabinet and
civil service follow the
Manual of Official Procedure of the Government of Canada in carrying out various formalities around the transition. By custom, the accession of a new monarch is publicly
proclaimed by the governor general-
in-council, who meet at
Rideau Hall immediately upon the previous monarch's death. The prime minister will then move to adjourn Parliament. Such ceremonies may also be held for other recently deceased members of the royal family. The day of the sovereign's funeral is likely to be a federal holiday. The new monarch is
crowned in the United Kingdom in an ancient ritual but one not necessary for a sovereign to reign. Under the federal
Interpretation Act, In some provinces, though, those holding Crown offices must swear the Oath to the new sovereign. All references in federal legislation to previous monarchs, whether in the masculine (e.g.
His Majesty) or feminine (e.g.
The Queen), continue to mean the reigning sovereign of Canada, regardless of their gender. This is because, in common law,
the Crown never dies. After an individual accedes to the throne, he or she usually continues to reign until death.
Legal aspects of succession The relationship between the Commonwealth realms is such that any change to the rules of succession to their respective crowns requires the unanimous consent of all the realms. Succession is governed by statutes, such as the
Bill of Rights, 1689, the
Act of Settlement, 1701, and the
Acts of Union, 1707. (left) and
Edward VIII (right; when Prince of Wales) in
Ottawa, 1924. In 1936,
Edward abdicated the Canadian throne and he and any of his descendants were removed from the line of succession by Order-in-Council PC 3144 and the
Succession to the Throne Act, 1937.
Edward VIII abdicated in 1936, and any possible future descendants of his were excluded from the line of succession. The
British government at the time, wishing for speed so as to avoid embarrassing debate in Dominion parliaments, suggested that the governments of the Dominions of the British Commonwealth—then Australia, New Zealand, the
Irish Free State, the
Union of South Africa, and Canada—regard whoever was monarch of the UK to automatically be monarch of their respective Dominion. As with the other Dominion governments, the Canadian Cabinet, headed by Prime Minister
William Lyon Mackenzie King, refused to accept the idea and stressed that the laws of succession were part of Canadian law and, as the Statute of Westminster 1931 disallowed the UK from legislating for Canada, including in relation to succession, altering them required Canada's request and consent to the British legislation (''
His Majesty's Declaration of Abdication Act, 1936) becoming part of Canadian law. Sir Maurice Gwyer, first parliamentary counsel in the UK, reflected this position, stating the Act of Settlement'' was a part of the law in each Dominion. was issued, expressing the Cabinet's request and consent for ''His Majesty's Declaration of Abdication Act, 1936
, to become part of the laws of Canada and the Succession to the Throne Act, 1937, gave parliamentary ratification to that action, together bringing the Act of Settlement
and Royal Marriages Act, 1772'', into Canadian law. The latter was deemed by the Cabinet in 1947 to be part of Canadian law. The
Department of External Affairs included all succession-related laws in its list of acts within Canadian law. The
Supreme Court of Canada declared unanimously in the 1981
Patriation Reference that the
Bill of Rights, 1689, is "undoubtedly in force as part of the law of Canada". Furthermore, in ''
O'Donohue v. Canada (2003) the Ontario Superior Court of Justice found that the Act of Settlement, 1701
, is "part of the laws of Canada" and the rules of succession are "by necessity incorporated into the Constitution of Canada". Another ruling of the Ontario Superior Court, in 2014, echoed the 2003 case, stating that the Act of Settlement'' "is an imperial statute which ultimately became part of the law of Canada." Upon dismissing appeal of that case, the Court of Appeal of Ontario stated "[t]he rules of succession are a part of the fabric of the constitution of Canada and incorporated into it". In a meeting of the Special Joint Committee on the Constitution during the process of
patriating the Canadian constitution in 1981,
John Munro asked Minister of Justice
Jean Chrétien about the "selective omissions" of the
Succession to the Throne Act, 1937, the
Demise of the Crown Act, 1901, the
Seals Act, the ''Governor General's Act
, and the Royal Style and Titles Act, 1953
, from the schedule to the Constitution Act, 1982. In response, Chrétien asserted that the schedule to the Constitution Act, 1982
, was not exhaustive, outlining that section 52(2) of the Constitution Act, 1982'', says "[t]he Constitution of Canada includes [...] the acts and orders referred to the schedule" and "[w]hen you use the word 'includes' [...] it means that if ever there is another thing related to the Canadian constitution as part of it, should have been there, or might have been there, it is covered. So we do not have to renumerate [sic] the ones that you are mentioning." In the same meeting, Deputy Attorney General
Barry Strayer stated: "Clause 52(2) is not an exhaustive definition of the Constitution of Canada so that while we have certain things listed in the schedule which are clearly part of the constitution, that does not mean that there are not other things which are part of the constitution [...] [The schedule] is not an exhaustive list." Richard Toporoski, writing three years later for the
Monarchist League of Canada, stated, "there is no existing provision in our law, other than the
Act of Settlement, 1701, that provides that the king or queen of Canada shall be the same person as the king or queen of the United Kingdom. If the British law were to be changed and we did not change our law [...] the person provided for in the new law would become king or queen in at least some realms of the Commonwealth; Canada would continue on with the person who would have become monarch under the previous law." Canada, with the other Commonwealth realms, committed to the 2011
Perth Agreement, which proposed changes to the rules governing succession to remove male preference and removal of disqualification arising from marriage to a Roman Catholic. As a result, the Canadian Parliament passed the
Succession to the Throne Act, 2013, which gave the country's assent to the
Succession to the Crown Bill, at that time proceeding in the Parliament of the United Kingdom. In dismissing a challenge to the law on the basis that a change to the succession in Canada would require unanimous consent of all provinces under section 41(a) of the
Constitution Act, 1982, Quebec Superior Court Justice Claude Bouchard ruled that Canada "did not have to change its laws nor its constitution for the British royal succession rules to be amended and effective" and
constitutional convention committed Canada to having a line of succession symmetrical to those of other Commonwealth realms. The ruling was upheld by the
Quebec Court of Appeal. The Supreme Court of Canada declined to hear an appeal in April 2020. Constitutional scholar Philippe Lagassé argues that, in light of the
Succession to the Throne Act, 2013, and court rulings upholding that law, section 41(a) of the
Constitution Act, 1982, which requires a constitutional amendment passed with the unanimous consent of the provinces, applies only to the "office of the Queen", but not who holds that office, and that therefore "ending the principle of symmetry with the United Kingdom can be done with the general amending procedure, or even by Parliament alone under section 44 of the
Constitution Act, 1982."
Ted McWhinney, another constitutional scholar, argued that a future government of Canada could begin a process of phasing out the monarchy after the
death of Elizabeth II "quietly and without fanfare by simply failing legally to proclaim any successor to the Queen in relation to Canada". This would, he claimed, be a way of bypassing the need for a constitutional amendment that would require unanimous consent by the federal Parliament and all the provincial legislatures. However, Ian Holloway, Dean of Law at the
University of Western Ontario, criticized McWhinney's proposal for its ignorance of provincial input and opined that its implementation "would be contrary to the plain purpose of those who framed our system of government." Certain aspects of the succession rules have been challenged in the courts. For example, under the provisions of the
Bill of Rights, 1689, and the
Act of Settlement, 1701, Catholics are barred from succeeding to the throne; this prohibition has been upheld twice by Canadian courts, once in
2003 and again in 2014. Legal scholar Christopher Cornell of the
SMU Dedman School of Law concluded "that the prohibition on the Canadian Monarch being Catholic, while discriminatory, is perfectly-if not fundamentally-constitutional" and that if the prohibition is "to be changed or removed it will have to be accomplished politically and legislatively through another multilateral agreement similar to the Perth Agreement rather than judicially through the courts."
Regency Canada has no laws allowing for a
regency, should the sovereign be a
minor or debilitated; This has led to the question of whether the governor general has the ability to remove themselves and appoint their viceregal successor in the monarch's name. While Lagassé argued that appears to be the case, Lagassé and Patrick Baud claimed changes could be made to regulations to allow a governor general to appoint the next governor general;
Christopher McCreery, however, criticized the theory, arguing it is impractical to suggest that a governor general would remove him or herself on ministerial advice, with the consequence that, if a prolonged regency occurred, it would remove one of the checks and balances in the constitution. The intent expressed whenever the matter of regency came up among Commonwealth realm heads of government was that the relevant parliament (other than the United Kingdom's) would pass a bill if the need for a regency arose and the pertinent governor-general would already be empowered to grant royal assent to it. The governor general appointing their successor is not a power that has been utilized to date.
Foreign visits The following
state and official visits to foreign countries have been made by the monarch as the sovereign of Canada (sometimes representing other realms on the same visit): ==Federal and provincial aspects==