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Decentralized Democracy

House Hansard - 117

44th Parl. 1st Sess.
October 25, 2022 10:00AM
Context: House Hansard - 117 - Oct/25/22
Mr. Adam van Koeverden (Parliamentary Secretary to the Minister of Health and to the Minister of Sport, Lib.)
  • Oct/25/22 12:42:42 p.m.
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Mr. Speaker, before I begin, it is a pleasure to say that I will be sharing my time with the member for Winnipeg North. I am grateful for the opportunity to speak today to respond to this motion brought by the opposition. The demise of Her Majesty Queen Elizabeth II has raised questions about the relevance of constitutional monarchies in the 21st century, and a number of western democracies remain constitutional monarchies. Nevertheless, I understand why, for some, the idea of having a British monarch as head of the Canadian state no longer seems relevant. Personally, I have debated this issue. I do not consider myself a monarchist. I like to keep an open mind and consider why we have a head of state. Over the past couple of months I have had the occasion to reflect on exactly why, so I am thrilled today to deepen that degree of understanding with conversation and debate here in the House of Commons. Our system of democratic constitutional monarchy is not just about one person. The King and Crown personify our system of government. They are stand-ins for the Canadian state and all that it represents: federalism, democracy, the rule of law and constitutionalism. Changing the monarch is not mere window dressing or symbolic change; rather, it would involve fundamentally rethinking all of our institutions and how they relate to one another. It is no simple task. There are two main themes that I would like to explore today. The first is that the Crown is ubiquitous. It is the cornerstone of the Canadian state, and it is involved in all branches of government. The second is that the Crown's authority, which appears broad in a reading of our constitutional instruments, is tempered by other constitutional values. Though unwritten rules and norms, they are equally important. Our Constitution comprises legal written rules enforceable by the courts. It also comprises unwritten constitutional conventions permeated by values, including democracy, the separation of powers and responsible government, which all breathe life into the constitutional text. Understanding our Constitution requires understanding both of those sources. Those are two themes that I hope show that the legal system is significant and that abolishing the monarchy would cause quite a lot of chaos in our system of government. Therefore, I also hope to show how modern values infuse our, admittedly ancient, constitutional institutions. The Crown, in particular His Majesty the King of Canada and his representatives the Governor General and the lieutenant governors of the provinces, occupies a central place in the architecture of the Constitution of Canada. Indeed, it may be easy to forget that the creation of the Canadian Confederation, although authorized by the Imperial Parliament, was made by proclamation of Her Majesty Queen Victoria, who by that order created a new power under the Crown of the United Kingdom of Great Britain and Ireland, as it was then called. The very legal existence of Canada is in this sense derived from the monarchy. His Majesty the King is our head of state. Section 9 of the Constitution Act, 1867, formally known under its imperial name, the British North America Act, vests in him the “Executive Government and Authority of and over Canada”. The King's Privy Council for Canada was established to aid and advise the Government of Canada, and the King also has the command-in-chief of the Canadian Armed Forces. However, the executive government of Canada was to be monarchial and, in the context of the Constitution, similar in principle to that of the United Kingdom. The constitutional conventions of responsible government have meant that only those privy councillors summoned by the Governor General serving as ministers and forming cabinet can exercise or recommend the exercise of executive authority by the Governor General or the Governor in Council. Canada, like the United Kingdom, after all, is a constitutional, not an absolute, monarchy. I have had the opportunity to reflect a bit on what the value of that is for my constituents and for people in Canada, and I have come up with a couple of reasons I feel the monarchy and the Commonwealth are important to Canada and Canadians. First is our collective identity. In some countries around the world, when a government is elected, that government then is the head of state, or the prime minister or the president is the head of state. Oftentimes that means the identity of a nation is on the shoulders of that individual. I think that creates turbulence and it creates change that people are not necessarily comfortable with. I understand why some Canadians do not want a political party to represent their nation's identity. Indeed, we have seen Canadians over the last year, unfortunately, use our flag, the national symbol of Canada, in inappropriate ways during protests to indicate they feel un-Canadian, and that is their right, I suppose. I disagree with using the flag in that manner, but I would say that the individuals in many cases who are using the flag in that way do not disagree with the country of Canada. They disagree with the political party. Therefore, I think that divide is one of some utility. Second, I had the opportunity to go to the Commonwealth Games this past summer. It is called the “friendly games”. I have been to lots of games. I have been to the Pan-Am Games and the winter and summer Olympics. I see now why the Commonwealth Games are called the “friendly games”. It is a place to go and share some values, discuss important issues and compete in sports we all love and enjoy. That opportunity to go and enjoy the Commonwealth Games in a different context from when I was an athlete was an eye-opening one, and it caused me to reflect on the value of that partnership and camaraderie. Following the Commonwealth Games, I was invited to the Victoria Forum, which is a conversation around sports' role in truth and reconciliation. It was a really good gathering in the capital of British Columbia, and it was an opportunity to discuss how our country can participate and collaborate with peer nations and countries with similar challenges and offer advice and recommendations for progress on various issues, from climate change to truth and reconciliation and creating an economy that works for everyone. Last, but certainly not least, this morning I had coffee with the high commissioners of New Zealand and Australia to talk about agriculture, rural issues, climate change, resilience and adaptation, as well as how we can work more closely together. I think there is quite a lot of value in the Commonwealth, and beyond that there is value in having a monarch and head of state who is not elected and continues to be, in part, the identity of our country. On the legislative side, His Majesty the King is one of the three essential elements of the Parliament of Canada. Section 17 of the Constitution Act, 1867, states that “There shall be One Parliament for Canada, consisting of the Queen, an Upper House styled the Senate, and the House of Commons.” Royal assent, signified by the Governor General in the name of His Majesty the King, is the spark that gives life to bills, making them legally binding and enforceable. Royal assent acts as a bridge between the sovereign expression of the will of Parliament and the execution of that will. Also, royal recommendation is required every time the House wishes to adopt a money bill. A similar situation prevails in each of the provinces. The provincial legislatures now consist of a legislative assembly, or the National Assembly in Quebec, and the lieutenant governor, the representative of His Majesty the King. However, here too the constitutional conventions infused in the United Kingdom borrow from the preamble of the Constitution Act, 1867, and that permeates every aspect of constitutional parliamentary life. Royal assent is not a discretionary power exercised by a capricious sovereign whose power is absolute. It is a constitutional convention, and it is practically unthinkable for a Governor General to reserve royal assent in modern times. Likewise, ministerial responsibility means that royal recommendation is granted by the Governor General on the advice of cabinet and not at the discretion of the Governor General. In short, I believe the monarchy, the King and the Crown are everywhere in our constitutional order. His Majesty King Charles III, as King of Canada, personifies the Canadian state and the constitutional system of government that underlies it. Also, because the Crown is divisible, the Crown also personifies the state of the provinces. In any event, since our system of government has monarchy as its premise, any constitutional change affecting the office of the King, the Governor General or the lieutenant governors requires the unanimous consent of the House, the Senate and all provincial legislatures. A change to these institutions would involve a significant alteration to the Canadian federal compromise, thereby justifying a veto right for all state stakeholders. The relative importance given to the symbols of the monarchy can be debated today, but the abolition of the monarchy is not a decision for the House alone, however important. In any event, since the central premise of our system of government is that it shall be a monarchy, it is a conversation that I welcome today. I think there are other issues that our constituents would rather us be debating today, but I appreciate the debate and welcome some questions.
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