Why it would be 'virtually impossible' for Canada to drop the monarchy
Canada's Constitution makes it incredibly challenging for the country to end its ties with the monarchy.
"I think it would be very difficult," Allan Hutchinson, a legal theorist and law professor at York University, told CTVNews.ca. "Any change in the arrangements around the Crown would require the unanimity of all provinces and the federal government. The chances of getting that are not good."
UNANIMOUS CONSENT
Canada is a constitutional monarchy, which means the British sovereign is our ceremonial head of state, represented by the Governor General. Following the death of Queen Elizabeth II, Charles III ascended the British throne and also became King of Canada.
"It really is all about formalities," Hutchinson said. "King Charles has no power in Canada."
Countries without monarchies, like the U.S. and France, are known as republics. For Canada to sever its longstanding ties to the monarchy and become a republic, it would require agreement between the House of Commons, the Senate and all 10 provinces. Known as "amendment by unanimous consent," the rule is outlined in Section 41 of the 1982 Constitution Act, which was enacted by then-prime minister Pierre Trudeau's government. Input from the territories or a referendum is not required.
"In 1982, they needed the approval of the Brits in order to get the Constitution repatriated," Hutchinson, who has written extensively about the Constitution, explained. "I think at that time, if they had made the monarchy a kind of optional feature, that might have been a problem."
Constitutional law expert David Schneiderman believes it would be "virtually impossible" to achieve unanimous consent on the issue today.
"You would have to have an overwhelming consensus in Canadian public opinion that would warrant premiers passing resolutions in their legislatures calling for abolition of the Monarchy," Schneiderman, a professor of law and political science at the University of Toronto, told CTVNews.ca. "I don't see that happening anytime soon."
Most other constitutional changes require agreement from two-thirds of the provinces, if they represent at least 50 per cent of the country's population. Previous major attempts to amend the Constitution have failed, like the Meech Lake Accord in 1987 and the Charlottetown Accord in 1992.
"We know from our own history that changing the Constitution is a bit of a fool's errand," Hutchinson said. "Once you start opening it up, people will say, 'Well, if we're going to change the Constitution, what about this? What about that?' I think it would lead us down a path that is fraught with a lot of challenges."
THE COMMONWEALTH REALMS
King Charles III now serves as head of state of 15 Commonwealth realms, which include the United Kingdom and former British colonies like Australia, Belize, Canada, New Zealand and Papua New Guinea. Several—particularly those in the Caribbean—are revaluating their ties.
In November 2021, Barbados became a republic and removed the Queen as head of state, the first country to do so in nearly 30 years. Its constitution simply required a decision by parliament.
Jamaica is also exploring the possibility of becoming a republic, although experts say the process will take years and require a referendum. The government of Antigua and Barbuda has meanwhile announced plans to hold a referendum on the Monarchy within the next three years, and the prime minister of the Bahamas has signalled an openness to a referendum too.
Such a referendum failed to end the Monarchy in Australia in 1999. Known for his republican leanings, Australia's prime minister recently said that a referendum is not a priority during his government's first term.
WANING SUPPORT
While Queen Elizabeth's death has led to an outpouring of admiration for the monarch herself, recent scandals in the House of Windsor, like Prince Andrew's relationship with disgraced financer and sex offender Jeffrey Epstein, and accusations of racism from Meghan Markle, have tarnished the institution's reputation for some.
For many Indigenous people in Canada and those who suffered through harsh colonial rule in republics like Kenya and Cyprus, the monarchy's legacy can also be painful and complicated.
A poll from the Angus Reid Institute in April 2022 found that 51 per cent of Canadian respondents were in favour of abolishing the monarchy in coming generations, compared with 26 per cent who were in favour of keeping it and 24 per cent were unsure. Approximately half of respondents believed the Royal Family represents outdated values and is "no longer relevant at all." The poll also found that 65 per cent of respondents opposed recognizing Charles as Canada's King and head of state.
Similar surveys from 2021 and 2020 show Canadians are increasingly questioning our ties to the British throne. According to a report from the Monarchist League of Canada, these ties cost Canada $58.7 million in the 2019-20 fiscal year.
Despite the constitutional challenges, Schneiderman believes Canadians could "imagine an alternative."
"I think we should have been considering our ties to the monarchy even before the death of Queen Elizabeth," Schneiderman said. "It's a moment to reflect on who we have had as a head of state, and whether we want to continue on with a head of state that is hereditary, from a particular family that breeds leaders to serve in this role; or whether in a modern, democratic and multicultural society, we might want a head of state that's a little bit more representative of the people that the head of state serves."
Hutchinson, who grew up and studied in the U.K., agrees.
"The idea that we have some hereditary head of state is rather pitiful in 2022 in a so-called democracy," he said. "I don't know what we lose by calling the Governor General something else, and then cutting ties with the monarchy."
Peter McNally is a retired McGill University information studies professor and a self-proclaimed "palace watcher."
McNally also believes amending the Constitution would be "extremely difficult," but when it comes to the monarchy, he doesn't want to see Canada try.
"The reason Canada exists historically because of 18th century loyalty to the monarchy," he told CTVNews.ca. "Today, the monarchy is the living embodiment of Canada's parliamentary tradition. It's also a bulwark against American cultural imperialism."
With files from the Associated Press
IN DEPTH
Budget 2024 prioritizes housing while taxing highest earners, deficit projected at $39.8B
In an effort to level the playing field for young people, in the 2024 federal budget, the government is targeting Canada's highest earners with new taxes in order to help offset billions in new spending to enhance the country's housing supply and social supports.
'One of the greatest': Former prime minister Brian Mulroney commemorated at state funeral
Prominent Canadians, political leaders, and family members remembered former prime minister and Progressive Conservative titan Brian Mulroney as an ambitious and compassionate nation-builder at his state funeral on Saturday.
'Democracy requires constant vigilance' Trudeau testifies at inquiry into foreign election interference in Canada
Prime Minister Justin Trudeau testified Wednesday before the national public inquiry into foreign interference in Canada's electoral processes, following a day of testimony from top cabinet ministers about allegations of meddling in the 2019 and 2021 federal elections. Recap all the prime minister had to say.
As Poilievre sides with Smith on trans restrictions, former Conservative candidate says he's 'playing with fire'
Siding with Alberta Premier Danielle Smith on her proposed restrictions on transgender youth, Conservative Leader Pierre Poilievre confirmed Wednesday that he is against trans and non-binary minors using puberty blockers.
Supports for passengers, farmers, artists: 7 bills from MPs and Senators to watch in 2024
When parliamentarians return to Ottawa in a few weeks to kick off the 2024 sitting, there are a few bills from MPs and senators that will be worth keeping an eye on, from a 'gutted' proposal to offer a carbon tax break to farmers, to an initiative aimed at improving Canada's DNA data bank.
Opinion
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
opinion Don Martin: The doctor Trudeau dumped has a prescription for better health care
Political columnist Don Martin sat down with former federal health minister Jane Philpott, who's on a crusade to help fix Canada's broken health care system, and who declined to take any shots at the prime minister who dumped her from caucus.
opinion Don Martin: Trudeau's seeking shelter from the housing storm he helped create
While Justin Trudeau's recent housing announcements are generally drawing praise from experts, political columnist Don Martin argues there shouldn’t be any standing ovations for a prime minister who helped caused the problem in the first place.
opinion Don Martin: Poilievre has the field to himself as he races across the country to big crowds
It came to pass on Thursday evening that the confidentially predictable failure of the Official Opposition non-confidence motion went down with 204 Liberal, BQ and NDP nays to 116 Conservative yeas. But forcing Canada into a federal election campaign was never the point.
opinion Don Martin: How a beer break may have doomed the carbon tax hike
When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.
CTVNews.ca Top Stories
Serial sexual offender linked to unsolved 1970s homicides of four Calgary girls, women
An investigation into unsolved historical homicides from the 1970s has linked the deaths of two girls and two young women in and around Calgary to a now-deceased serial offender.
Woman with liver failure rejected for a transplant after medical review highlights alcohol use
For nearly three months, Amanda Huska has been in an Ontario hospital, part of it on life support, because of severe liver failure. Her history of alcohol use is getting in the way of her only potential treatment: a liver transplant.
$500K-worth of elvers seized at Toronto airport
Fishery and border service officers seized more than 100 kilograms of unauthorized elvers at the Toronto Pearson International Airport on Wednesday.
Toronto eliminated from PWHL playoffs
Toronto has been eliminated from the PWHL playoffs.
Information commissioner faces $700K funding shortfall, says system is 'overwhelmed'
Canada's information commissioner says her office is facing a $700,000 funding shortfall that could impact its ability to investigate complaints about government transparency and accountability.
B.C. man 'attacked suddenly' by adult grizzly near Alberta boundary: RCMP
A B.C. man is recovering from multiple injuries after he was "attacked suddenly" by an adult grizzly bear near Elkford Thursday afternoon.
Backlash over NFL player Harrison Butker's commencement speech has reached a new level
The NFL is distancing itself from controversial comments by Kansas City Chiefs kicker Harrison Butker during a recent commencement address.
Dabney Coleman, actor who specialized in curmudgeons, dies at 92
Dabney Coleman, the mustachioed character actor who specialized in smarmy villains like the chauvinist boss in '9 to 5' and the nasty TV director in 'Tootsie,' has died. He was 92.
Craig Berube named as next head coach of Toronto Maple Leafs
The Toronto Maple Leafs have named Craig Berube as their new head coach.
Local Spotlight
'Another pair of eyes watching over me:' How a B.C. woman's service dog saved her from drowning
A B.C. woman says her service dog pulled her from a lake moments before she had a seizure, saving her life.
Starbucks fan on decades-long journey to visit every store in the world
A Starbucks fan — whose name is Winter — is visiting Canada on a purposeful journey that began with a random idea at one of the coffee chain's stores in Texas.
'Sacred work': Sask. First Nation learning how to conduct its own underground searches
Members of Piapot First Nation, students from the University of Winnipeg and various other professionals are learning new techniques that will hopefully be used for ground searches of potential unmarked grave sites in the future.
'It could mean a cure': Cautious optimism for groundbreaking ALS research at Western
ALS patient Mathew Brown said he’s hopeful for future ALS patients after news this week of research at Western University of a potential cure for ALS.
B.C. musician's song catches attention of Canucks
When Adam Kirschner wrote 'Slap Shot,' he never imagined the song would be embraced by his favourite team.
'We're on standby': Team ready to help entangled right whale in Gulf of St. Lawrence
A team is ready to help an entangled North Atlantic right whale in the Gulf of St. Lawrence.
Thieves caught on camera stealing pet chicken from North Vancouver backyard
A $200 reward is being offered by a North Vancouver family for the safe return of their beloved chicken, Snowflake.
Adopted daughter in the Netherlands reunited with sister in Montreal and mother in Colombia, 40 years later
Two daughters and a mother were reunited online 40 years later thanks to a DNA kit and a Zoom connection despite living on three separate continents and speaking different languages.
'Reimagining Mother's Day': Toronto woman creates Motherless Day event after losing mom
Mother's Day can be a difficult occasion for those who have lost or are estranged from their mom.