The Crown
Head of state of Canada: foreign
Canada has no head of state of its own. Its throne passes by the law of the United Kingdom; its executive power is vested in that throne; it cannot release itself without every province. Every new citizen swears allegiance to it.
Grounds
The succession to the throne of Canada is determined by the legislature of a foreign state, with the assent of the Parliament of Canada.
Section 2 assents to the alteration of the law of succession “set out in the bill laid before the Parliament of the United Kingdom and entitled A Bill to Make succession to the Crown not depend on gender; to make provision about Royal Marriages; and for connected purposes”. Assented to 27 March 2013.
Executive authority over Canada is vested in a foreign monarch.
“The Executive Government and Authority of and over Canada is hereby declared to continue and be vested in the Queen.”
Canada cannot remove a foreign monarch without the consent of every province.
An amendment in relation to “the office of the Queen, the Governor General and the Lieutenant Governor of a province” may be made only where authorized by resolutions of the Senate, the House of Commons and the legislative assembly of each province.
The courts of Canada hold the monarch of the United Kingdom to be the monarch of Canada.
Quebec Court of Appeal, 28 October 2019: by the principle of symmetry drawn from the preamble and section 9 of the Constitution Act, 1867, the rules of succession of the United Kingdom govern the throne of Canada. The Supreme Court of Canada refused leave to appeal, 2020.
Citizenship of Canada is conditional on allegiance to a foreign monarch.
“I swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors”. The text in force names the monarch; the reigning one takes the place by law.
Citizenship Act, Schedule, Oath or Affirmation of Citizenship