Monday, June 4, 2012

Changing Canada's Head of State

With the Diamond Jubilee in full swing the Queen is once again front and centre in the minds of Canadians. Some of those Canadians are thinking we should thank Her Majesty for work well done, hand Her the pink slip and get on with picking our own head of state.

I have always thought that if the Queen and her  Governor General  are causing no harm, economic or political, I could live with the system we have. Lately I have shifted my attitude towards replacement. I admit that I am quite willing to fix something that isn't broken. But is it really worth it. Just because we prefer something a certain way doesn't make changing it a good idea. Another hesitation follows from worry that once the constitution is opened, all manner of grievances will move to the fore, so much so that our nation might be over whelmed. To much change is unhealthy.

So if we want to replace the Queen as head of state can we?

Section 41 of the constitution act deals with amendments concerning the "(a) the office of the Queen, the Governor General and the Lieutenant Governor of a province,...".  Amending this section is "By unanimous consent (section 41). Other amendments require resolutions of the Senate, the House of Commons, and the legislative assembly of each province. These include amendments in relation to the Governor General and to the composition of the Supreme Court of Canada.


So we have the right to  and the formula for changing our head of state. It is an involved procedure and in the manner of large constitutional changes, hard to do. That we can replace the Queen does not on its own suggest that we should.


What are the powers of the Head of State? The Queen enjoys certain powers which are delegated to Her representative in Canada the Governor General, Such as commander in Chief of the Canadian Armed ForcesLetters of patent constituting the Office of the Governor General of Canada. The powers of the  Governor General  are extensive, the office holder has all the powers of the Monarch and the right to exercise them on Her behalf. They have the power to remove a sitting Prime Minister. The "but" in all this is that they have power they can't really use. The  Governor General  is a legal necessity, part of the workings of constitution parliaments, but in a democratic nation entirely ceremonial. A democratic nation can't sustain an appointed official exercising such powers, a language is found to make it work. The compromise is a fiction. An elected Prime Minster "gives advice" to the Governor General, in effect telling them to do this or that. It is called advice but the Governor General, must comply not for reasons of law but of convention. Convention arises where there is need but no desire or ability to legislate. Failure to follow Prime Ministerial advice would precipitate a political crisis.


An independent Head of State exercising the powers of a Monarch might unbalance our system. Just imagine the President of Canada dismissing a sitting Prime Minister. A situation rife with possible unintended consequences. It is clear that moving to an elected head of State would not be as simple as changing the name on the door. A re-balancing of powers and position would be required between the Head of State and the executive/legislative branch of government. Or we make the office elected but mostly ceremonial like it is now. Which would then beg the question of why change it at all.

Is Canada less democratic because of the Queen as Head of state? No. Is Canada less independent because of the Queen as Head of State? No. Should we have an elected Head of State? Yes. Should we rush into a change? No.


I find that I am arguing myself back to my former position of "if it is not harmful, I can live with it".
Yes I would like a Canadian Head of State, but liking it is not enough, their must be a compelling reason, a certain necessity. The issue isn't going away. In the future a more compelling reason will come to the fore, sweeping aside most objection. I think it is inevitable that we make this change, but that it will be slow and thoughtful and deliberate, perfectly in keeping with Canadian tradition.


A note ,(Perhaps I'm looking for is an effective way to check the PMO and thought this an ideal way. What I really want is a legitimate Senate and re-energized Parliament.)





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