Hubbry Logo
search
logo
1174743

Canadian sovereignty

logo
Community Hub0 Subscribers
Write something...
Be the first to start a discussion here.
Be the first to start a discussion here.
See all
Canadian sovereignty

The sovereignty of Canada is, in legal terms, the power of Canada to govern itself and its subjects; it is the ultimate source of Canada's law and order. Sovereignty is also a major cultural matter in Canada. Several matters currently define Canadian sovereignty: the Canadian monarchy, telecommunication, the autonomy of the provinces, and Canada's Arctic border.

Canada is a constitutional monarchy. Though unitary, the Canadian Crown is also "divided" equally among the country's 11 jurisdictions: one federal (wherein the sovereign is represented by the governor general) and 10 provincial (the monarch being represented in each by a lieutenant governor). The greater autonomy of each province and territory within the construct of Canadian federalism is also important to Canadian sovereignty. Quebec has twice voted on seceding from Canada. Sovereignty has also been an issue for some of Canada's indigenous peoples.

Canada's Telecommunications Act "specifies the need for national ownership and control of Canadian carriers".

Since 2005, arctic ice melting in Northern Canada has caused issues affecting Canadian sovereignty, as some arctic countries have come in conflict over an agreement on who owns certain areas in the oil-rich Arctic.

The origins of Canada's sovereignty lie in the constitutional English and British crowns and the absolute French crown establishing, in the 17th and 18th centuries, governmental institutions in areas that today comprise Canada. As such, Canada was affected by the conflicts in England in the 17th century, between monarch and parliament, over which was the ultimate authority, culminating in the Glorious Revolution of 1688 and the Bill of Rights, 1689, which is today part of Canadian law. With the enactment of the British North America Act, 1867, the modern polity of Canada was founded and was granted self-government. Sovereignty was "carried over" into Canadian constitutional law, but the country's government and legislature were still under the authority of the monarch in her British Council and parliament at Westminster and the final court of appeal was the Judicial Committee of the Privy Council. According to the Supreme Court of Canada, Canadian "sovereignty was acquired in the period between its separate signature of the Treaty of Versailles in 1919 and the Statute of Westminster, 1931", which brought the Balfour Declaration of 1926 into law and its enactment is considered to be moment when the separate Canadian monarchy was established. The Constitution Act, 1982, removed the final few reliances Canada had on the British Parliament, making Canada a completely sovereign nation.

Charles III, King of Canada, as well as of the United Kingdom and 13 other Commonwealth realms, is the country's monarch and, as such, is the focus of the Oath of Allegiance taken by various government officials, civil servants, military members, and new citizens.

The King is constitutionally vested with legislative, executive, and judicial power. However, sovereignty in Canada has never rested solely with the monarch, due to the constitutional theories of Edward Coke, refined by Albert Venn Dicey, and the Bill of Rights 1689, later inherited by Canada, establishing the principle of parliamentary sovereignty; the British model of legislative sovereignty vesting in the king-in-parliament. This was later superseded by the Canadian Charter of Rights and Freedoms (within the Constitution Act, 1982), which brought into Canada the American notion of the supremacy of the law. Nonetheless, the monarch is still the sovereign of Canada.

The term the Crown is used to represent the power of the monarch and the royal authority is symbolized by elements included in the insignia of various government institutions, the main one being the crest of the royal coat of arms of Canada—a gold lion standing on a wreath of the official colours of Canada, wearing the royal crown, and holding a red maple leaf in its right paw—a symbol of Canadian sovereignty. The King's coat of arms themselves are considered a symbol of Canada's sovereignty. The authority of the monarch is also communicated through the names of various government institutions, such as Court of King's Bench and King's Printer.

See all
User Avatar
No comments yet.