Loophole Means the Duke and Duchess of Sussex Could Become King and Queen of Canada (NOT!!!)

Sometimes monarchists can be our own worst enemies! The above headline appeared on an article published yesterday on Royal Central. This is one of the reasons I do not have this site in my listing of 'Resources for Monarchists' in the sidebar. This sort of legal ignorance and idiocy makes us look ridiculous!

About the only thing they got right is that, if Canada did have a resident Monarch, the Office of Governor General would be unnecessary and would cease to exist. Oh, and sort of, the fact that Rideau Hall, and La Citadelle de Québec which they seem not to know about, are already Royal Palaces!

As I commented on the article on the site,

I strongly suggest that the author of this article, and whatever numpty wrote the piece in the National Post, look up O'Donohue v Canada, Ontario Superior Court of Justice and Ontario Court of Appeal. The Justices quoted Louis St Laurent, Prime Minister of Canada, who said during the debate on the Royal Titles Bill in 1953. "Her Majesty is now Queen of Canada but she is the Queen of Canada because she is Queen of the United Kingdom ... It is not a separate office ... it is the sovereign who is recognized as the sovereign of the United Kingdom who is our Sovereign".

I don't care what the NatPo says, they're wrong. It's settled law that the Act of Settlement, 1701 is an entrenched part of the Canadian Constitution and certainly can't be changed by a simple Parliamentary Statute.

I have omitted the pictures, which is another reason this site doesn't appear in my sidebar. One or two pictures with a point is one thing, but this is the 'US' or 'People' magazine of the 'royal internet'!
  
From Royal Central

There is nothing that prevents the Duke and Duchess of Sussex from becoming the King and Queen of Canada, thanks to a loophole in the law. This has been reported in various Canadian newspapers the last few days. According to Canadian law, the Canadian constitution says the North American nation needs to be a monarchy, but it does not specify who the monarch must be. Therefore, theoretically, the Canadians, when they wish, can swap out Queen Elizabeth II, or a future King Charles, with any royal they might wish.

The discovery of this particular loophole in Canadian law was discovered first by professor Philippe Lagasse back in 2017. He then stated: “According to the federal government’s interpretation of royal succession in Canada, we could arguably make Harry the King of Canada with a simple parliamentary statute”. The Canadian newspapers National Post suggests, therefore, that Canada should establish its own monarchy with the new Duke of Sussex and his American Duchess as monarch and consort of Canada.

Canada had an earlier law that said that the Canadian monarch had to be a descendant of Queen Victoria, or even that the ruler of Canada has to be the same person as the monarch of the U.K. This law was removed back in 1893.

Canada has, as almost every monarchy, a republican organisation who wants to abolish the monarchy. The debate in Canada is at this point low, and a process of turning Canada into a republic is long and complicated. Under section 41 of the Canadian Constitution, changing anything about the “office of the Queen” requires the unanimous consent of all ten provinces. Something that is highly improbable ever to happen. However, according to the National Post, Harry and Meghan could become King and Queen possibly in less than a month if the Canadian Parliament so wishes.

It is not believed federal government lawyers would agree with the statement that Prince Harry could become King. This is due to the fact that in a 2003 Ontario Superior Court case, federal lawyers successfully argued that while it’s not explicitly written down, Canadian law is deeply encoded with the notion that the King or Queen of Canada has to be the same one as in the U.K. Most notably, it is still the written law in Canada that the country is “federally united into One Dominion under the Crown of the United Kingdom of Great Britain and Ireland.”

Making Harry to His Majesty King Henry of Canada, would, of course, require the Duke of Sussex’s consent. This is unlikely to happen that this would mean that Harry needed to betray his own family to become king himself. However, if Harry would agree to become King of Canada, how would that be practical? Harry and Meghan would likely make Rideau Hall in Ottawa (the Canadian capital) the new royal palace of Canada and their primary residence. The office of the Governor General would cease to exist, as well.