Queen's Privy Council for Canada
Encyclopedia
State (polity)
A state is an organized political community, living under a government. States may be sovereign and may enjoy a monopoly on the legal initiation of force and are not dependent on, or subject to any other power or state. Many states are federated states which participate in a federal union...
and constitutional affairs, though responsible government
Responsible government
Responsible government is a conception of a system of government that embodies the principle of parliamentary accountability which is the foundation of the Westminster system of parliamentary democracy...
requires the sovereign or her viceroy
Viceroy
A viceroy is a royal official who runs a country, colony, or province in the name of and as representative of the monarch. The term derives from the Latin prefix vice-, meaning "in the place of" and the French word roi, meaning king. A viceroy's province or larger territory is called a viceroyalty...
, the Governor General of Canada
Governor General of Canada
The Governor General of Canada is the federal viceregal representative of the Canadian monarch, Queen Elizabeth II...
, to almost always follow only that advice
Advice (constitutional)
Advice, in constitutional law, is formal, usually binding, instruction given by one constitutional officer of state to another. Especially in parliamentary systems of government, Heads of state often act on the basis of advice issued by prime ministers or other government ministers...
tendered by the Cabinet
Cabinet of Canada
The Cabinet of Canada is a body of ministers of the Crown that, along with the Canadian monarch, and within the tenets of the Westminster system, forms the government of Canada...
a committee within the Privy Council composed of elected Members of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
. Those summoned to the QPC are appointed for life by the governor general as directed by the Prime Minister of Canada
Prime Minister of Canada
The Prime Minister of Canada is the primary minister of the Crown, chairman of the Cabinet, and thus head of government for Canada, charged with advising the Canadian monarch or viceroy on the exercise of the executive powers vested in them by the constitution...
, meaning that the group is composed predominantly of former cabinet ministers, with some others having been inducted as an honorary gesture. Those in the council are accorded the use of an honorific style
Style (manner of address)
A style of office, or honorific, is a legal, official, or recognized title. A style, by tradition or law, precedes a reference to a person who holds a post or political office, and is sometimes used to refer to the office itself. An honorific can also be awarded to an individual in a personal...
and post-nominal letters, as well as various signifiers of precedence.
Queen-in-Council
The government of CanadaGovernment of Canada
The Government of Canada, formally Her Majesty's Government, is the system whereby the federation of Canada is administered by a common authority; in Canadian English, the term can mean either the collective set of institutions or specifically the Queen-in-Council...
, which is formally referred to as Her Majesty's Government, is defined by the Canadian constitution
Constitution of Canada
The Constitution of Canada is the supreme law in Canada; the country's constitution is an amalgamation of codified acts and uncodified traditions and conventions. It outlines Canada's system of government, as well as the civil rights of all Canadian citizens and those in Canada...
as the Queen acting on the advice of the Queen's Privy Council for Canada; what is technically known as the Queen-in-Council
Queen-in-Council
The Queen-in-Council is, in each of the Commonwealth realms, the technical term of constitutional law that refers to the exercise of executive authority, denoting the monarch acting by and with the advice and consent of his or her privy council or executive council The Queen-in-Council (during...
, or sometimes the Governor-in-Council, referring to the Governor General of Canada
Governor General of Canada
The Governor General of Canada is the federal viceregal representative of the Canadian monarch, Queen Elizabeth II...
as the Queen's stand-in. The group of people is described as "a Council to aid and advise in the Government of Canada, to be styled the Queen's Privy Council for Canada," though, by convention, the task of advising
Advice (constitutional)
Advice, in constitutional law, is formal, usually binding, instruction given by one constitutional officer of state to another. Especially in parliamentary systems of government, Heads of state often act on the basis of advice issued by prime ministers or other government ministers...
the sovereign and governor general on how to exercise the Royal Prerogative
Royal Prerogative
The royal prerogative is a body of customary authority, privilege, and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy as belonging to the sovereign alone. It is the means by which some of the executive powers of government, possessed by and...
is carried out by the Cabinet
Cabinet of Canada
The Cabinet of Canada is a body of ministers of the Crown that, along with the Canadian monarch, and within the tenets of the Westminster system, forms the government of Canada...
a committee of the Privy Council made up of other ministers of the Crown
Minister of the Crown
Minister of the Crown is the formal constitutional term used in the Commonwealth realms to describe a minister to the reigning sovereign. The term indicates that the minister serves at His/Her Majesty's pleasure, and advises the monarch, or viceroy, on how to exercise the Crown prerogatives...
who are drawn from and responsible to the elected
Canadian House of Commons
The House of Commons of Canada is a component of the Parliament of Canada, along with the Sovereign and the Senate. The House of Commons is a democratically elected body, consisting of 308 members known as Members of Parliament...
and appointed chambers of parliament. This body is distinct but also entwined within the QPC, as one of its members customarily serves as the President of the Queen's Privy Council for Canada
President of the Queen's Privy Council for Canada
In the Canadian cabinet, the President of The Queen's Privy Council for Canada is nominally in charge of the Privy Council Office. The President of the Privy Council also has the largely ceremonial duty of presiding over meetings of the Queen's Privy Council for Canada, a body which only convenes...
, and cabinet ministers receive assistance in the performance of their duties from the Privy Council Office
Privy Council Office (Canada)
In Canada the Privy Council Office is the secretariat of the federal cabinet, providing officially non-partisan advice and support to the Prime Minister and leadership, coordination, and support to the departments and agencies of the government...
, headed by the Clerk of the Privy Council
Clerk of the Privy Council (Canada)
The Clerk of the Privy Council is the senior civil servant in the Canadian government. The Title and Office is in fact "Clerk of the Privy Council and the Secretary to the Cabinet"...
.
The sovereign or her federal viceroy
Viceroy
A viceroy is a royal official who runs a country, colony, or province in the name of and as representative of the monarch. The term derives from the Latin prefix vice-, meaning "in the place of" and the French word roi, meaning king. A viceroy's province or larger territory is called a viceroyalty...
govern by issuing Orders in Council, certified by the royal or viceroyal sign-manual
Royal sign-manual
The royal sign manual is the formal name given in the Commonwealth realms to the autograph signature of the sovereign, by the affixing of which the monarch expresses his or her pleasure either by order, commission, or warrant. A sign-manual warrant may be either an executive actfor example, an...
and Great Seal of Canada
Great Seal of Canada
The Great Seal of Canada is a seal used for official purposes of state in Canada such as the certification of Acts of Parliament that have been granted Royal Assent....
. In the construct of constitutional monarchy
Constitutional monarchy
Constitutional monarchy is a form of government in which a monarch acts as head of state within the parameters of a constitution, whether it be a written, uncodified or blended constitution...
and responsible government
Responsible government
Responsible government is a conception of a system of government that embodies the principle of parliamentary accountability which is the foundation of the Westminster system of parliamentary democracy...
, this is done on ministerial advice that is typically binding, though the sovereign and his or her representative may unilaterally use these powers in exceptional constitutional crisis
Constitutional crisis
A constitutional crisis is a situation that the legal system's constitution or other basic principles of operation appear unable to resolve; it often results in a breakdown in the orderly operation of government...
situations. While the Cabinet specifically deals with the regular, day-to-day functions of the Crown-in-Council, occasions of wider national importance such as the proclamation of a new Canadian sovereign following a demise of the Crown
Demise of the Crown
In relation to the shared monarchy of the Commonwealth realms and other monarchies, the demise of the Crown is the legal term for the end of a reign by a king, queen, or emperor, whether by death or abdication....
, or conferring on royal marriages will be attended to by more senior officials in the QPC, such as the prime minister, the chief justice of the Supreme Court of Canada
Chief Justice of Canada
The Chief Justice of Canada, like the eight puisne Justices of the Supreme Court of Canada, is appointed by the Governor-in-Council . All nine are chosen from either sitting judges or barristers who have at least ten years' standing at the bar of a province or territory...
, and other senior statesmen; while all privy councillors are invited to such meetings in theory, in practice the composition of the gathering is determined by the prime minister of the day. The quorum
Quorum
A quorum is the minimum number of members of a deliberative assembly necessary to conduct the business of that group...
for Privy Council meetings is four.
Membership
The Constitution Act, 1867Constitution Act, 1867
The Constitution Act, 1867 , is a major part of Canada's Constitution. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system...
, outlines that persons are to be summoned and appointed for life to the Queen's Privy Council by the governor general, though convention dictates that this be done on the advice of the sitting prime minister. As its function is to provide the vehicle for advising the Crown, the members of the QPC are predominantly all living current and former ministers of the Crown. In addition, the chief justices of Canada and former governors general are appointed. From time to time, the leader of Her Majesty's Loyal Opposition
Leader of the Opposition (Canada)
The Leader of Her Majesty's Loyal Opposition , or simply the Leader of the Opposition is the leader of Canada's Official Opposition, the party with the most seats in the House of Commons that is not a member of the government...
and heads of other opposition
Opposition (parliamentary)
Parliamentary opposition is a form of political opposition to a designated government, particularly in a Westminster-based parliamentary system. Note that this article uses the term government as it is used in Parliamentary systems, i.e. meaning the administration or the cabinet rather than the state...
parties will be appointed to the QPC, either as an honour or to facilitate the distribution of sensitive information under the Security of Information Act
Security of Information Act
In Canada, the Security of Information Act is part of the Canadian Anti-Terrorism Act which received Royal Assent on December 18, 2001 and came into effect on December 24, 2001. This Act renamed and replaced Official Secrets Act 1981...
, and, similarly, it is required by law that those on the Security Intelligence Review Committee
Security Intelligence Review Committee
The Security Intelligence Review Committee is an independent agency of the government of Canada empowered to oversee and review the operations of Canada's security service, the Canadian Security Intelligence Service and investigate complaints against CSIS...
be made privy councillors, if they are not already. To date, only Prime Minister Paul Martin
Paul Martin
Paul Edgar Philippe Martin, PC , also known as Paul Martin, Jr. is a Canadian politician who was the 21st Prime Minister of Canada, as well as leader of the Liberal Party of Canada....
advised that Parliamentary Secretaries
Parliamentary Secretary
A Parliamentary Secretary is a member of a Parliament in the Westminster system who assists a more senior minister with his or her duties.In the parliamentary systems of several Commonwealth countries, such as the United Kingdom, Canada and Australia, it is customary for the prime minister to...
be admitted to the QPC.
Provincial premier
Premier (Canada)
In Canada, a premier is the head of government of a province or territory. There are currently ten provincial premiers and three territorial premiers in Canada....
s are not commonly appointed to the QPC, but have been made members on special occasions, such as the centennial of Confederation
Canadian Centennial
The Canadian Centennial was a year long celebration held in 1967 when Canada celebrated the 100th anniversary of the Canadian Confederation. Celebrations occurred throughout the year but culminated on Dominion Day, July 1. 1967 coins were different from previous years' issues, with animals on each...
in 1967 and the patriation
Patriation
Patriation is a non-legal term used in Canada to describe a process of constitutional change also known as "homecoming" of the constitution. Up until 1982, Canada was governed by a constitution that was a British law and could be changed only by an Act of the British Parliament...
of the constitution of Canada in 1982. On Canada Day
Canada Day
Canada Day , formerly Dominion Day , is the national day of Canada, a federal statutory holiday celebrating the anniversary of the July 1, 1867, enactment of the British North America Act , which united three British colonies into a single country, called Canada, within the British Empire...
in 1992, which also marked the 125th anniversary of Canadian Confederation
Canadian Confederation
Canadian Confederation was the process by which the federal Dominion of Canada was formed on July 1, 1867. On that day, three British colonies were formed into four Canadian provinces...
, Governor General Ramon Hnatyshyn appointed eighteen prominent Canadians to the Privy Council, including former Premier of Ontario
Premier of Ontario
The Premier of Ontario is the first Minister of the Crown for the Canadian province of Ontario. The Premier is appointed as the province's head of government by the Lieutenant Governor of Ontario, and presides over the Executive council, or Cabinet. The Executive Council Act The Premier of Ontario...
David Peterson
David Peterson
David Robert Peterson, PC, O.Ont was the 20th Premier of the Province of Ontario, Canada, from June 26, 1985 to October 1, 1990. He was the first Liberal premier of Ontario in 42 years....
, retired hockey star Maurice Richard
Maurice Richard
Joseph Henri Maurice "the Rocket" Richard, Sr., was a French-Canadian professional ice hockey player who played for the Montreal Canadiens of the National Hockey League from 1942 to 1960. The "Rocket" was the most prolific goal-scorer of his era, the first to achieve the feat of 50 goals in 50...
, and businessman Conrad Black
Conrad Black
Conrad Moffat Black, Baron Black of Crossharbour, OC, KCSG, PC is a Canadian-born member of the British House of Lords, and a historian, columnist and publisher, who was for a time the third largest newspaper magnate in the world. Lord Black controlled Hollinger International, Inc...
. The use of privy council appointments as purely an honour was not employed again until 6 February 2006, when Prime Minister Stephen Harper
Stephen Harper
Stephen Joseph Harper is the 22nd and current Prime Minister of Canada and leader of the Conservative Party. Harper became prime minister when his party formed a minority government after the 2006 federal election...
advised the governor general to appoint former Member of Parliament John Reynolds
John Reynolds (Canadian politician)
John Douglas Reynolds, PC was the Member of Parliament for the riding of West Vancouver—Sunshine Coast—Sea to Sky Country in the Canadian House of Commons from 1997 to 2006...
, along with the new Cabinet. Harper, on 15 October 2007, also advised the vicereine to appoint Jim Abbott
Jim Abbott (politician)
James "Jim" Abbott, PC, MP was a Conservative member of Canada's House of Commons. Abbott was a member of the Reform Party from 1993 to 2000 and a member of the Canadian Alliance from 2000 to 2004...
.
Privy councillors are entitled to the style The Honourable
The Honourable
The prefix The Honourable or The Honorable is a style used before the names of certain classes of persons. It is considered an honorific styling.-International diplomacy:...
or, for prime minister, chief justice, or certain other eminent individual, The Right Honourable
The Right Honourable
The Right Honourable is an honorific prefix that is traditionally applied to certain people in the United Kingdom, Canada, Australia, New Zealand, the Anglophone Caribbean and other Commonwealth Realms, and occasionally elsewhere...
, and the post-nominal letters
Post-nominal letters
Post-nominal letters, also called post-nominal initials, post-nominal titles or designatory letters, are letters placed after the name of a person to indicate that the individual holds a position, educational degree, accreditation, office, or honour. An individual may use several different sets of...
PC (in ). Prior to 1967, the style The Right Honourable was only employed in Canada by those appointed to the Imperial and later British Privy Council in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
, such persons usually being prime ministers, Supreme Court chief justices, certain senior members of the Canadian Cabinet, and other eminent Canadians. These appointments ended under Lester Pearson
Lester B. Pearson
Lester Bowles "Mike" Pearson, PC, OM, CC, OBE was a Canadian professor, historian, civil servant, statesman, diplomat, and politician, who won the Nobel Peace Prize in 1957 for organizing the United Nations Emergency Force to resolve the Suez Canal Crisis...
, though the traditional style remained in use, limited to only prime ministers and chief justices. In 1992, several eminent privy councillors, most of whom were long-retired from active politics, were granted the style by the governor general, and, in 2002, Jean Chrétien
Jean Chrétien
Joseph Jacques Jean Chrétien , known commonly as Jean Chrétien is a former Canadian politician who was the 20th Prime Minister of Canada. He served in the position for over ten years, from November 4, 1993 to December 12, 2003....
recommended that Herb Gray
Herb Gray
Herbert Eser Gray, is a retired Canadian politician. He was Canada's first Jewish federal cabinet minister, and is one of only a few Canadians ever granted the title The Right Honourable who was not so entitled by virtue of a position held.-Early life:Born in Windsor, Ontario, the son of Harry...
, a privy councillor of long standing, be given the style The Right Honourable upon his retirement from parliament.
History
The Queen's Privy Council has assembled in the presence of the sovereign on two occasions: First, at 10:00 am on Thanksgiving MondayThanksgiving (Canada)
Thanksgiving, or Thanksgiving Day , occurring on the second Monday in October , is an annual Canadian holiday to give thanks at the close of the harvest season....
of 1957, at the monarch's residence in Ottawa
Ottawa
Ottawa is the capital of Canada, the second largest city in the Province of Ontario, and the fourth largest city in the country. The city is located on the south bank of the Ottawa River in the eastern portion of Southern Ontario...
, Rideau Hall
Rideau Hall
Rideau Hall is, since 1867, the official residence in Ottawa of both the Canadian monarch and the Governor General of Canada. It stands in Canada's capital on a 0.36 km2 estate at 1 Sussex Drive, with the main building consisting of 170 rooms across 9,500 m2 , and 24 outbuildings around the...
. There, Queen Elizabeth II chaired a meeting of 22 of her privy councilors including her consort, Prince Philip, Duke of Edinburgh
Prince Philip, Duke of Edinburgh
Prince Philip, Duke of Edinburgh is the husband of Elizabeth II. He is the United Kingdom's longest-serving consort and the oldest serving spouse of a reigning British monarch....
, whom Elizabeth appointed to the QPC at that conference and therein approved an Order in Council. Two years later, the QPC again met before the Queen in Halifax to confirm the appointment of Georges Vanier
Georges Vanier
Major-General Georges-Philéas Vanier was a Canadian soldier and diplomat who served as Governor General of Canada, the 19th since Canadian Confederation....
as governor general. There was originally some speculation that the coming together of the sovereign and her council was not constitutionally sound; however, the prime minister at the time, John Diefenbaker
John Diefenbaker
John George Diefenbaker, PC, CH, QC was the 13th Prime Minister of Canada, serving from June 21, 1957, to April 22, 1963...
, found no legal impropriety in the idea, and desired to create a physical illustration of Elizabeth's position of Queen of Canada being separate to that of Queen of the United Kingdom.
The last formal meeting of the Privy Council was held in 1981 to give formal consent to the marriage of the Prince of Wales
Charles, Prince of Wales
Prince Charles, Prince of Wales is the heir apparent and eldest son of Queen Elizabeth II and Prince Philip, Duke of Edinburgh. Since 1958 his major title has been His Royal Highness The Prince of Wales. In Scotland he is additionally known as The Duke of Rothesay...
to the Lady Diana Spencer
Diana, Princess of Wales
Diana, Princess of Wales was the first wife of Charles, Prince of Wales, whom she married on 29 July 1981, and an international charity and fundraising figure, as well as a preeminent celebrity of the late 20th century...
. According to a contemporary newspaper account, the 27 March conference at Government House
Rideau Hall
Rideau Hall is, since 1867, the official residence in Ottawa of both the Canadian monarch and the Governor General of Canada. It stands in Canada's capital on a 0.36 km2 estate at 1 Sussex Drive, with the main building consisting of 170 rooms across 9,500 m2 , and 24 outbuildings around the...
consisted of 12 individuals, including Chief Justice Bora Laskin
Bora Laskin
Bora Laskin, PC, CC, FRSC was a Canadian jurist, who served on the Supreme Court of Canada for fourteen years, including a decade as its Chief Justice.-Early life:...
, who presided over the meeting, Prime Minister Pierre Trudeau
Pierre Trudeau
Joseph Philippe Pierre Yves Elliott Trudeau, , usually known as Pierre Trudeau or Pierre Elliott Trudeau, was the 15th Prime Minister of Canada from April 20, 1968 to June 4, 1979, and again from March 3, 1980 to June 30, 1984.Trudeau began his political career campaigning for socialist ideals,...
, several cabinet ministers, Stanley Knowles
Stanley Knowles
Stanley Howard Knowles, PC, OC was a Canadian parliamentarian. Knowles represented the riding of Winnipeg North Centre from 1942 to 1958 on behalf of the Co-operative Commonwealth Federation and again from 1962 to 1984 representing the CCF's successor, the New Democratic Party .Knowles was widely...
of the New Democratic Party
New Democratic Party
The New Democratic Party , commonly referred to as the NDP, is a federal social-democratic political party in Canada. The interim leader of the NDP is Nycole Turmel who was appointed to the position due to the illness of Jack Layton, who died on August 22, 2011. The provincial wings of the NDP in...
, and Alvin Hamilton of the Progressive Conservative Party
Progressive Conservative Party of Canada
The Progressive Conservative Party of Canada was a Canadian political party with a centre-right stance on economic issues and, after the 1970s, a centrist stance on social issues....
. There, all gathered were informed of the Prince's engagement, nodded their approval, and then toasted their decision with champagne. David Brown, an official in the machinery of government section of the Privy Council Office, told The Globe and Mail
The Globe and Mail
The Globe and Mail is a nationally distributed Canadian newspaper, based in Toronto and printed in six cities across the country. With a weekly readership of approximately 1 million, it is Canada's largest-circulation national newspaper and second-largest daily newspaper after the Toronto Star...
that, had the Privy Council rejected the Prince of Wales' engagement, none of his children would have been considered legitimate heirs to the Canadian throne, thus setting up a potential break in the unified link to the Crown throughout the Commonwealth realm
Commonwealth Realm
A Commonwealth realm is a sovereign state within the Commonwealth of Nations that has Elizabeth II as its monarch and head of state. The sixteen current realms have a combined land area of 18.8 million km² , and a population of 134 million, of which all, except about two million, live in the six...
s, in contradiction to the conventional "treaty" laid out in the preamble to the 1931 Statute of Westminster
Statute of Westminster 1931
The Statute of Westminster 1931 is an Act of the Parliament of the United Kingdom. Passed on 11 December 1931, the Act established legislative equality for the self-governing dominions of the British Empire with the United Kingdom...
. Following the announcement of the Prince of Wales' engagement to Camilla Parker-Bowles, however, the Department of Justice
Department of Justice (Canada)
The purpose of the Department of Justice is to ensure that the Canadian justice system is fair, accessible and efficient. The Department also represents the Canadian government in legal matters...
announced its decision that the Privy Council was not required to meet to give its consent to the marriage, as the union would not result in offspring that would impact the succession to the throne.
See also
- List of current members of the Queen's Privy Council for Canada
- List of members of the Queen's Privy Council for Canada (1867–1911)
- List of members of the Queen's Privy Council for Canada (1911–1948)
- List of members of the Queen's Privy Council for Canada (1948–1968)
- List of members of the Queen's Privy Council for Canada (1968–2011)
- Executive Council (Canada)Executive Council (Canada)Executive Councils in the provinces and territories of Canada are constitutional organs headed by the Lieutenant Governor.The Cabinet is an informal grouping within the Council, headed by a provincial Premier, whom hold de facto power over the body...
- Executive Council (Commonwealth countries)Executive Council (Commonwealth countries)An Executive Council in Commonwealth constitutional practice based on the Westminster system is a constitutional organ which exercises executive power and advises the governor or governor-general. Executive Councils often make decisions via Orders in Council.Executive Councillors are informally...