Historic Roots

The Canadian Crown has its roots deep in history. The modern Canadian Crown is the result of the unison of both the French and the British Crowns. 

The first French settlers of Canada, loyal subjects of the French Crown brought with them their government into the new world. It was Samuel de Champlain, who as a representative of King Louis XIV of France, laid the groundwork for the Royal Government of modern Canada. In fact Champlain can be described as Canada's first Governor-General. 

With the Quebec Act of 1774, the British safeguarded the French royalist institutions and transferred the loyalties of the French to the Crown of Britain. 

In time, the Imperial Conference of 1926, and the Statute of Westminster of 1931, resulted in the establishment of Canada's complete sovereignty. As of 1931, the representative of the Crown no longer represented the British government but rather the Crown itself. The Canadian Crown was born, by eliminating its last link with the British government.

To understand the Canadian government is to understand the concept of the Crown. The concept of the Crown can be defined as the collectivity of executive powers as exercised in the name of the monarch, and also representing the entire state. This fact can be seen in Crown Corporations (corporations owned by the state) and Crown Lands (state-owned lands). 

The Crown is present in all aspects of Canadian life - in our legal system (Crown attorneys or government prosecutors), in our government (Speech from the Throne, and the Royal Assent) and in our society (Royal Mounted Police, or Royal Ontario Museum). The Crown or the Queen represents all Canadians and therefore, by placing the Queen's picture on our monies or placing a picture of the Queen in public buildings really is recognizing the unifying symbol of the state.

The Crown, therefore can be viewed as the powers and duties of the Queen as exercised by the prime minister and the government. The Crown also acts as a "custodian of power... [which] holds power on behalf of the people" and as a "repository for the decorative and emotional functions" in the state. 

What does this all mean? 

The Monarch as represented by the Crown rarely uses its power, but keeps those who wield them from becoming too powerful. At the same time, the Crown diverts favourable popular feelings away from politicians who might abuse their power. This is the reason for the term often associated with the Crown - the Sovereign. It is the Queen who holds sovereignty in Canada, she represents Canada and its people, and assures that no politician acts in an illegal manner. Yet at the same time, to assure the maintenance of responsible government, the Crown is subject to the advice of its ministers.

The Governor-General

Canada's present monarch is Her Majesty Queen Elizabeth II, the Queen of Canada. However, she is also the Queen of many other lands throughout the world, so she is absent from Canada for certain periods of time. 

In her absence, she appoints her local representatives: the Governor-General (at  the federal government level) and the Lieutenant-Governors (provincial level). These representatives perform many of the Queen's duties and exercise many of her powers. 

From its original creation until 1926, Canada's Governor-General had two roles: to be the representative of the monarch (first the French Kings, then the British Kings), and also as agents of the colonial government. As mentioned earlier, with the proclamation of the Statute of Westminster, the Governor-General and the Lieutenant-Governors ceased to be the colonial agents, and became the representatives of the Queen. 

In 1952, the first Canadian born Governor- General, Vincent Massey became the first Canadian born Governor-General and began the process of Canadianization of the Queen's representative in Canada. Today it is the Prime Minister who chooses the Governor-General. However, the Queen continues to approve this selection. 

Queen Elizabeth once said that "the Crown is an idea more than a person and I would like the Crown to represent everything that is best and most admired in the Canadian ideal". This symbolic ideal of the Queen and her representatives are certainly the most well-known aspect of the office. 

But the Crown has other less visible, yet important responsibilities in the Canadian political system. 

The role of the Queen and the Governor-General's powers are established constitutional conventions. According to the Constitution Act of 1867, "Executive Government and Authority of and over Canada is... vested in the Queen." The Letters Patent of 1947, approved by King George VI, created new powers for the Governor-General - the Governor-General could be empowered to exercise all the powers and authorities of the monarch. In 1977, the Queen approved the transfer to the Governor General further 'symbolic' powers such as the proclamation of a new Canadian Flag.

The Powers of Crown

The Crown's powers originated from a "whole bundle of ancient privileges". As the concept of democracy took root, some of these powers were limited or abolished and others were transformed into written laws. These powers are still mostly unwritten, with the exception of the right to summon and dissolve Parliament (Constitution Act). As such, these powers are vulnerable to parliamentary restriction. 

Those powers which still remain with the Crown and its representatives that are  used without the authority of an Act of Parliament, are referred to as the royal prerogative. These prerogative powers if studied are impressive, and are discussed later. However in a democracy, these powers exercised with the advice of the government of the day. 

The Queen still maintains a minimal right to decide on certain symbolical honours, such as the Royal Victorian or the Victoria Cross, both of which the Governor-General does not have a right cannot proclaim.

Practically, the royal prerogative provides an effective mechanism for the activities of the government that would otherwise have no legal basis. Unlike most countries, Canada's Constitution has provisions that are not dictated by rules set in a single document. The Constitution of 1867 has no mention of the cabinet, the Prime Minister, nor any mention of 'responsible' government which is the basis of Canadian democracy. It is the mechanism of the royal prerogative that these offices and institutions found their source; from it the Prime Minister receives his power and the authority.

The Crown (through the Governor-General or Lieutenant-Governors) has an obligation to see that Canada and its provinces have a Prime Minister or Premier (both positions can be called first ministers). Normally this is taken care of by democratic elections, and the Governor-General and Lieutenant- Governor 'sends' the leader of the party commanding a majority in the elected house to form a government. 

Should a first minister die in office, the Crown must find a replacement (a Prime Minister or new political party) as soon as possible. Should a first minister resign, or loses his majority it is the Crown that must send for the person able to command the majority. 

The reverse of this responsibility is that for dismissal. In extreme circumstances, the representative of the Crown could resort to dismissal when a government has violated the Constitution, or has failed to perform its duties, such as providing a budget or refusing to summon Parliament.

The other instances in which the Crown can retain the personal discretion is the dissolution of Parliament. Again, in a democratic age, the Queen and her representatives cannot force an unwilling Prime Minister to dissolve the Parliament. But in certain cases, the Crown has the moral authority to dissolve Parliament without the Prime Minister's willing. Such an instance would be if the government won an election by means of corruption or fraud. The royal prerogative can also be used, with justification when the government refuses to resign after an election defeat or after a vote of non-confidence, to dismiss the government.

In today's democratic world, the royal prerogative is rarely used. In fact, the last time the royal prerogative was used, was the King-Byng dispute of 1926. In this instance, Governor-General Lord Byng refused to dissolve Mackenzie King's Parliament in 1926 and call an election. Lord Byng's decision was influenced by the fact that King, with a minority government, had tried to curtail debate and avoid a defeat in the Commons after a scandal in the Customs Department. This event caused so much controversy that scholars have come to the conclusion that "the controversy over the rightness of the action [of the Crown] is so great as to imperil future use of the discretionary powers". It is therefore, essential that the Crown use its royal prerogative only in certain cases, or loose the support of the public.

The Crown's royal prerogative, at same time, should not be viewed as constitutional nonsense, because it is rarely used. In some cases, the presence of the royal prerogative by the Crown may be one of the few constitutional safeguards which prevent politicians from becoming too powerful or abusing their authority. 

The royal prerogative still holds an undeniable reserve of power, an authority which the representative of the Crown can use in emergency and exceptional circumstances. 

However, some may argue that hypothetically speaking, the chances for the use of the royal prerogative are slim. While this maybe is true, but the lack of the use of the royal prerogatives does not render them useless. 

According to Professor Frank MacKinnon, a Canadian political scientist, the Crown an the royal prerogative are: "constitutional fire extinguishers with a potent mixture of powers for use in great emergencies. Like real extinguishers... everyone hopes their emergency powers will never be used; the fact they are not used does not render them useless; and it is generally understood there are severe penalties for tampering with them... [These powers] have developed because serious trouble is inevitable in government and some special apparatus must be kept in reserve ready for use should other safety devices fail."

The Crown therefore, must use these powers only in extreme cases, in order to allow the basic continuation and functioning of the government. At the same time, these powers can enhance democracy by dismissing politicians who have abused the constitution. The Crown can be viewed as the custodian of the constitution, and it is the Crown's responsibility to see that the rules are followed and the complete continuity of Canadian politics. This is why the Crown still has the royal prerogative, along with its symbolic role.

The Symbolic Crown

Apart from rare instances when the royal prerogative is used, the Crown's main role is that of a symbolic nature. The Crown is a symbol of Canadian continuity, from its creation as a French Crown colony to an independent glorious Canadian Crown. The Queen, and her representatives continually enrich the Canadian heritage. They represent the country as one equal institution, and cannot be separated. 

The governor-generalcy and the office of the Lieutenant-Governor would have much less meaning if they were divorced from the prestige of the Crown, and today the popularity of Queen Elizabeth II. It is through these offices, and its royal branches (such as the Royal B.C. Museum, and the Royal Mounted Police) that the monarchy is embedded deep down within Canadian society and Canadian identity.

The Crown is also fundamental aspect that makes Canada less American. Canada is already bombarded by American culture and ideals, and the monarchy is the one of the truly Canadian institutions which is not tainted by the Americans. Finally, in a time when Canada is seeking for unity to link all its region, the monarchy can be the glue which can bind the nation.

A public appearance by an elected representative does not carry with it a mystic as does the appearance of the Queen or her representatives. There is colour, tradition and pageantry associated with the Crown, which is a fundamental fabric of a society. Some of Canada's main ceremonial events are embodied in the Crown. The opening of Parliament, and reading of the Speech from the Throne by the Governor-General, or the presentation of the Order of Canada are all Canadian events which are intertwined by he Crown. 

Royal tours by the Queen or other members of the Royal Family are always great days for millions of Canadians, and the thousands who line the streets who welcome their Queen to her Canadian home. The Governor-General and the Lieutenant Govern is expected to carry a hectic travel schedule, promote Canadian unity and encourage and reward the achievements of Canadians. The Crown stands at the head of the country or province as an affirmation of Canadians' common inherited loyalties. The Queen links Canada to an international community, the Governor General joins Canada nationally, and the Lieutenant Governors locally.