Royal Succession Law Being Challenged in Canadian Courts
In 2011, the 16 Commonwealth countries, including Canada, unanimously approved giving sons and daughters of British monarchs equal claim to the throne; a first-born daughter would become queen, even if she had a younger brother. Historically, males were always first in line to the English throne, even if they had an older sister. This change in the succession law was brought on by the marriage of Prince William to Kate Middleton. The couple was expected to start a family, and Prime Minister David Cameron pushed for updating the law, stating the revision was much more reflective of the times.
The individual governments of the Commonwealth nations had to agree in order for the new law to go into effect. Two Quebec constitutional law professors are challenging the law in June in a Canadian court. They claim the Canadian Parliament merely “assented” to the change but never sought approval of the 10 provinces, which was unconstitutional.
Case Specifics
The law professors, Genevieve Motard and Patrick Taillon, both wholeheartedly support baby girls having equal rights to the British throne. Since the Duke and Duchess of Cambridge’s first child was a boy, the right of succession is irrelevant, but the case has much broader constitutional ramifications for Canadians. The professors argue that even though the British monarch is considered Canada’s Head of State (the Queen of England is also the Queen of Canada), the United Kingdom is a foreign country, and the action of the Canadian Parliament in automatically applying British law in Canada was unconstitutional.
Plaintiff’s Argument
Motard and Taillon are expected to argue the passage of the Canada Act in 1982 terminated any remaining legal authority England had over the Great White North, including royal succession.
Andre Binette, a member of the Motard and Taillon’s legal team said, “While Australia, New Zealand and the other Commonwealth members involved have made changes in their own laws in parallel to the British law, Canada has chosen to simply assent to the British law.”
The plaintiff’s claims are supported by the Quebec government, and the hearing is expected to last approximately 10 days. If successful, it is estimated it will take around three years to receive the necessary approvals from all the provinces in order to officially change Canada’s royal succession law.
Other Countries With Gender Neutral Succession Laws
The United Kingdom was the last constitutional monarchy to update its succession law when it did so in 2011. Other countries that had already made the change were:
- Belgium
- Denmark
- Luxembourg
- Netherlands
- Norway
- Sweden
Famous British Female Monarchs
While Princess Charlotte, the Duke and Duchess of Cambridge’s newborn daughter, will probably never rule England, the country has had some well-known, and highly respected, female monarchs.
- Queen Elizabeth II
Elizabeth II, Princess Charlotte’s great-grandmother, has reigned since 1952. She is 89 and ascended the British throne at the age of 26. A popular and beloved figure, Elizabeth has ruled the country and its realms during periods of peace and turmoil and ushered the monarchy into the21st century.
- Queen Victoria
Born in 1819, Queen Victoria is the longest ruling male or female monarch in English history. Elizabeth II will surpass her great-great-great grandmother Victoria if she reigns past September 9, 2015. Victoria ruled during a huge expansion of the British Empire and a period of tremendous industrial, scientific and cultural change.
- Elizabeth I
Queen Elizabeth I ruled from 1558-1603. She never had any children and was also called The Virgin Queen. Her 44 years on the throne is known as the Elizabethan era and considered the “golden age” of England.
The two Canadian law professors who are disputing the royal succession law are highly supportive of gender equality. They are pursuing their case to highlight the importance of the evolution of the Canadian constitution. The country is no longer beholden to English law, even on matters concerning the monarchy.
