Canada’s legal system, like its stamps and currency, will need to adapt to Queen Elizabeth II’s death and King Charles III’s accession to the British throne.온라인카지노
These changes will affect how criminal cases are named, as well as the oaths or affirmations of allegiance required of new legislators, court justices, and others to the Canadian monarch.
“It’s really a series of formalities,” said Allan Hutchinson, a legal theorist and law professor at York University. “However, some very minor changes in the wording of court documents, oaths, and other such things will be required.”
The Crown, or “Her Majesty the Queen,” is the prosecuting party in Canadian criminal proceedings. In case titles, “Her Majesty the Queen” has been abbreviated to “The Queen” or simply the letter “R” to represent the Latin word for queen, regina; for example, R. Smith v.
Following the Queen’s death, all court cases involving the Canadian government must now refer to “His Majesty the King,” though the “R” can remain because the Latin word for king is rex.
“Criminal prosecutions are carried out in the name of the Crown, the head of state,” said David Schneiderman, a law and political science professor at the University of Toronto, to CTVNews.ca. “That’s all it is; it’s just a symbolic placeholder for us.”
OATH OF ALLEGIANCE
Legislators such as senators and members of Parliament, federal and provincial justices, lawyers in many provinces and territories, and others such as new citizens and members of the Canadian Armed Forces are all required by law to take an oath or affirm their allegiance to the monarchy.
The Oath of Allegiances Act of Canada clearly states that if “there is a demise of the Crown, the name of the Sovereign for the time being shall be substituted in the oath of allegiance.” This means that Canada’s Oath of Allegiance will now begin with the words: “I, [NAME], do swear that I will be faithful and bear true allegiance to His Majesty King Charles the Third.”
“The wording will need to be changed,” Hutchinson said. “Those who did swear allegiance to Queen Elizabeth will not have to do it all over again.”바카라사이트
A SEAMLESS TRANSITION
Names on government documents and legal contracts will also be changed. The Court of Queen’s Bench of Manitoba has already announced that it will be renamed the Court of King’s Bench of Manitoba.
Hutchinson and Schneiderman both anticipate that the wording changes will be simple and seamless.
“The Government of Canada, and probably provincial governments, will take steps to do that pretty soon,” Schneiderman predicted. “But, you know, those aren’t absolutely necessary changes, because the Queen and her heirs serve as Crown in Canada, and the Crown is the head of state, and the Crown lives on, whoever occupies the office.”
“Those are all very formal, superficial things,” Hutchinson added. “The Crown’s personification has changed, but the Crown’s nature has not changed at all.”카지노사이트