Wednesday, July 13, 2005

Over on Gay Orbit

A blog I like to read even though periodically my head explodes from looking at some of the ads has brought up a protest move by some folks in Canada.
Now the LP's gay marriage bill was widely unpopular even in their own party to the point the prime minister had to use some of his powers to force people to vote for it...That little caveat having been said

*here*

He wants the Queen to order Gov. Gen. Adrienne Clarkson to refuse to grant royal assent once the bill is passed.

"Our beloved Queen Elizabeth II, I know that the refusal of the Governor General to give royal consent would precipitate a crisis. Millions have nowhere else to turn but you," Mainse wrote in a letter he sent last week to Buckingham Palace.

"Should you act in this, millions of us would surely become more fervent supporters of the monarchy than ever," he wrote.


Ok.... Due to some hinkiness in previous Canadian constitutional law and by my rough reading of it here are some possible outcomes.

  1. The Queen gets temporarily removed as Queen of Canada ala what happened to the King of Belgium when he vetoed a Anti-Abortion bill
  2. The Prime Minister refuses to allow it to happen. The Prime Minister exercises under law many of the powers of the crown. I do not know if this is one of them.
So no matter what Paul Martin wins... though under option 1 it would be debatable if the queen could be divested of the crown of canada .... though precident would suggest it is possible

UPDATE:

To be clear Prime Ministers often force their cabinets to vote for things they may disagree with. this is an aspect of the "democracy" in Canada that i find silly. Not just on this issue but as a rule. I am stating that Martin used this aspect of the canadian system to run roughshod over his cabinet members... just as he could over (say) a budget provision... and it is wrong then to.

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