Consulting Canada on the royal succession merely a 'courtesy'
By Janet Davison, CBC News
Posted: Oct 14, 2011 7:25 PM ET
Last Updated: Oct 14, 2011 7:21 PM ET
The marriage of Prince William and Kate, the Duchess of Cambridge, has sparked discussion of rules of succession. (Lefteris Pitarakis/Associated Press)
Related
Related Links
External Links
(Note:CBC does not endorse and is not responsible for the content of external links.)
Sorting out the family inheritance can be a messy business. But it rarely requires an act of Parliament or involves consultation with the heads of Commonwealth governments.
But that is exactly what's happening in the case of the Royal Family, and if British Prime Minister David Cameron gets his way, the male bias would be eliminated when it comes to inheriting the throne.
Cameron wrote a letter to Commonwealth leaders last month outlining his plan to change British law so that a male heir would no longer take precedence over his older sister.
But while that letter came to Prime Minister Stephen Harper for Canada's input, this country won't have any legal sway in the matter.
"I think what we have here is a courtesy request, and a motion in Parliament supporting the British endeavour is all that's needed," says Ned Franks, a professor emeritus at Queen's University in Kingston, Ont., and an expert on Canadian parliamentary procedure.
"The only people who can change the rules of succession are the British Parliament," he says.
There is no way, he went on, that the Canadian Parliament can determine who is the king or queen of England. "But it can determine who is the king or queen of Canada, and whether we even want one."
Harper has already signalled that Canada supports the changes proposed by Cameron and Franks expects that other Commonwealth countries will be similarly inclined.
'The age of men coming first is long past'
"I don’t know of a single country within the Commonwealth that has so much objection to women leaders that they would say No to this," he says.
"It's simply bringing a part of the British Constitution, a part of the ceremonial more than the working Constitution, up to date and recognizing that the age of men coming first is long past."
Discussions on the succession rules have been going on behind the scenes for quite a while, but this year's wedding of Prince William, second in line for the throne, and Kate, the Duchess of Cambridge, put the issue on the front burner.
"I think the British government is really eager to settle any question regarding the succession before William and Kate have children," says Carolyn Harris, a teaching fellow at Queen's University and an expert on British royalty.
According to the rules of succession that go back three centuries, a woman can only take the throne if she has no younger brothers, as was the case with Queen Elizabeth II.
"We espouse gender equality in all other aspects of life and it is an anomaly that in the rules relating to the highest public office we continue to enshrine male superiority," Cameron wrote.
Harris, a PhD history candidate who is studying British and French royalty, says the British move is part of broader trend among continental monarchies away from male preferential succession.
When Sweden's Crown Princess Victoria, shown with her husband Prince Daniel, was a child, Swedish succession law was changed to make her heir to the throne over her younger brother. Matthias Schrader/Associated PressIn Sweden, for example, the current Crown Princess Victoria has a younger brother. When she and her brother were toddlers, Swedish law was changed making her the heir to the throne over her brother.
But that change did not go smoothly.
"The King of Sweden was not in favour of this as it involved stripping his son of the title of heir and transferring that to his daughter," said Harris.
"I really think the British government wants this to be addressed before William and Kate have children to avoid those complications."
Cameron is also proposing changes that would clear the way for a monarch to marry a Roman Catholic.
Harris says that at the time the Act of Settlement was passed by the British Parliament in 1701, there had been a number of royal consorts who were Catholic, and who were particularly unpopular. The wife of King Charles I, Henrietta Maria, for example, was impeached for treason in the 1640s.
"The Act of Settlement reflected the very specific circumstances of its time, whereas now there is no longer that concern about the influence a Catholic consort might have over a Protestant monarch," says Harris.
Before Canadian-born Autumn Kelly married Peter Phillips, grandson of the Queen, she converted from Catholicism to the Church of England. Sang Tan/Associated PressBefore the Canadian-born Autumn Kelly, who was a Catholic, married the Queen's grandson, Peter Phillips, in 2008, she converted to Anglicanism. The change meant he could keep his place in the line to the throne.
"Under David Cameron's reforms, she would have been able to keep her faith," says Harris.
Franks doesn’t see any big issues arising in Canada over the proposed changes, though there may be some reaction from extreme royalists opposed to any change because it would be a break with tradition, and from those who argue in favour of abolishing the monarchy.
But he sees those as "relatively small voices in a relatively calm sea."
"I don’t see much of an obstacle."
Share Tools
Top News Headlines
- Senators call for 'zero tolerance' on harassment in RCMP
- The RCMP should amend its code of conduct to explicitly define and prohibit harassment, a Senate committee is recommending in a newly tabled report. more »
- Are e-cigarettes safe to puff?
- As electronic or e-cigarettes grow in popularity, some health advocates want them to be regulated. more »
- Most groups don't want return of Trudeau speaking fees
- Most of the 17 charitable and other organizations that have paid speaking fees to Liberal Leader Justin Trudeau during his time as an MP say they aren't interested in having their fees returned, despite Trudeau's offer on the weekend to reimburse any organization unhappy with his services. more »
- Google asks secret court to lift gag on surveillance
- Google is asking the secretive Foreign Intelligence Surveillance Court to lift its long-standing gag order on how often the company is asked to turn over data about its customers to the U.S. government. more »
Must Watch
Latest Canada News Headlines
- MPs and senators' side income provokes ethics debate
- The debate over Justin Trudeau's speaking fees has raised questions about what MPs and senators should be allowed to earn on top of their salaries, with some political watchers urging a wider discussion about financial conduct among parliamentarians. more »
- Montreal mayor resigns amid corruption charges
- Montreal Mayor Michael Applebaum has resigned in the wake of corruption charges being laid against him, although he maintains he is innocent. more »
- Disabled woman's care before dying on bus still a mystery
- CBC Radio's The Current has broadcast a documentary about a 48-year-old Alberta woman with developmental problems, Betty Anne Gagnon, who died in November 2009 in a filthy converted bus that had no heat, electricity or running water. more »
- Canadians in Dominican wedding fight freed from jail
- Two Canadian men imprisoned in the Dominican Republic following a post-wedding brawl last month have been released and will be returning to Canada, a family member says. more »
- Senators call for 'zero tolerance' on harassment in RCMP
- The RCMP should amend its code of conduct to explicitly define and prohibit harassment, a Senate committee is recommending in a newly tabled report. more »
The National
The Current
- What happened to Betty Anne Gagnon? Jun. 18, 2013 3:09 PM Betty Anne Gagnon's mental disabilities didn't stop her from finding work, or finding friends. But when she needed it the most, she was unable to find help.
- Canadians in Dominican wedding fight freed from jail
- TV chef Nigella Lawson's husband cautioned by police for assault
- Huge ancient city at Angkor Wat revealed by lasers
- Montreal mayor resigns amid corruption charges
- Disabled woman's care before dying on bus still a mystery
- Student with bullied past, 'The Doorman,' graduates
- 'Standing man' inspires new, silent protests in Turkey
- G8 leaders agree to 7-point plan on Syria as summit wraps
- Parents of son 'brutally beaten' playing hockey want charges

