Introduction
In 2013, the Government of Canada has claimed that succession does not form part of Canadian law, except inasmuch as the preamble of the Constitution Act, 1867 contains an implied principle of symmetry such that the Sovereign of the United Kingdom is automatically the Sovereign of Canada. Therefore, any alteration to the laws on succession that the British Parliament adopts automatically applies to Canada by virtue of the preamble of the Constitution Act, 1867. This political trickery has allowed the Government of Canada to acknowledge the fact that the British Parliament can no longer legislate for Canada. The Government of Canada maintains that no other laws or principles of succession form part of Canadian law and that therefore Canada cannot alter any law on succession, whether by statute or by a constitutional amendment.
Warren Newman, Senior General Counsel in the Department of Justice, explained before the Senate Standing…
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