A Tale of Two Ex-dominions: Why the Procedures for Changing the Rules of Succession Are So Different in Canada and Australia

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In October 2011, the leaders of the sixteen nations that have Queen Elizabeth as their head of state agreed to change the succession rules so as to eliminate gender bias and reduce the element of religious discrimination. There is almost universal agreement that the proposed changes are desirable, but there is disagreement over the correct procedure for implementing the reform. For reasons that will be explained below, changing the rules of succession requires the passage of legislation in Canada, Australia, and New Zealand as well as in the British parliament. In those of the Commonwealth Realms that are unitary states, the procedure for changing the rules of succession is quite straightforward. Canada and Australia are, however, federations which raises the question of whether their sub-national units (Canadian provinces and Australian states) should be involved in the process for changing the rules of succession. Australia has decided to include its states in the process. In Canada, the federal government adopted the view that the consent of the provinces under section 41s of the Constitution Act, 1982, was unnecessary and that approval by the provincial legislatures was therefore unnecessary.