The Canadian government has introduced legislation to formally agree with changes to the United Kingdom's rules on royal succession and marriage.
The Succession to the Throne Act, introduced today by Justice Minister Rob Nicholson, gives assent to Westminster legislation that would modernize British laws by:
- ending the practice of allowing male heirs to bypass older sisters in the line of succession
- allowing heirs to marry Roman Catholics and retain their eligibility for the throne
The first change applies to any child born after Oct. 28, 2011 -- including the expected child of the Duke and Duchess of Cambridge.
As for religion, the only prohibition for marrying has been with Catholics, a holdover of England's religious strife during the 16th and 17th centuries and the desire for a Protestant on the throne. But any monarch still has to be baptized an Anglican, since they are automatically named head of the Church of England.
Changing centuries of precedent
The British bill amends four earlier laws stretching back nearly seven centuries: the 1351 Treason Act, the 1688 Bill of Rights, the 1700 Act of Settlement, and the 1937 Regency Act. Draft versions of the 2012 bill, were shared with Ottawa, although only "minor" tweaks to wording were required, according to a Canadian official.
The 1772 Royal Marriages Act would also be repealed, meaning the monarch would no longer have to personally approve each marriage involving those in the line of succession -- only the first six heirs.
WATCH: British Prime Minister David Cameron speaks on succession during Question Time (Jan. 9)
The bill currently sits at second reading in the House of Lords and will be debated on Feb. 14. The upper chamber's constitution committee is criticizing efforts to expedite the bill through Westminster, saying extended scrutiny is needed to answer questions on the Catholic question.
The Commonwealth
Prime Minister Stephen Harper and other heads of Commonwealth governments agreed to the changes in principle at their 2011 meeting in Perth, Australia.
The official pointed to the second paragraph in the 1931 Statute of Westminster, which requires the Dominion Parliaments (Canada, Australia, and New Zealand) to provide legislative assent for any changes to succession laws. Other Commonwealth members can give assent by executive order or other notification, he added.
The 13 other "realms" requiring assent are Jamaica, Antigua and Barbuda, The Bahamas, Barbados, Grenada, Belize, St Christopher and Nevis, St Lucia, Solomon Islands, Tuvalu, St Vincent and the Grenadines, and Papua New Guinea.
New Zealand coordinated the overall Commonwealth response following the 2011 agreement.
The Constitution
Provinces were not consulted as no constitutional amendment is required, according to the government official. They told reporters that succession laws are not part of the 1982 Constitution Act, and the Queen's duties, powers, and functions in Canada as found in Section 41a. In fact, there are no separate Canadian laws on succession; the King or Queen of the United Kingdom is accepted as the Canadian monarch.
An Ontario man lost a 2003 court challenge to the Act of Settlement, arguing it violated the rights of Roman Catholics under the Canadian Charter of Rights and Freedoms. Pointing to the Statute of Westminster, the judgment declared that "Canada ... cannot unilaterally change the rules of succession for all Commonwealth countries." He continued that even though the settlement rules fall within Canada's "constitutional fabric," the Charter "cannot be used to amend or trump another part of our constitution."
-Andrew Thomson
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