Secrétariat aux affaires intergouvernementales canadiennes - Gouvernement du Québec.
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Legal Challenge to the Determination of the Head of State

The Parliament of Canada adopted the The following content may contain barriers to its accessibility. Succession to the Throne Act, 2013 (S.C. 2013, c. 6) (PDF, 5 pages, 134 Kb), which amends, without the consent of the provinces, the rules governing the determination of Canada’s Head of State. The Act repeals the precedence of brothers over their elder sisters as successor when the Head of State passes away.

A motion to institute proceedings for declaratory judgment challenging the constitutionality of this Act was filed in the Superior Court of Québec in June 2013 by Ms. Geneviève Motard and Mr. Patrick Taillon, who are both constitutional law professors at the Université Laval. They mainly argue that the Act is unconstitutional on the grounds that it did not follow the constitutional amendment procedure.

The Government of Québec chose to participate in the legal debate as an intervener.

The case was heard from June 1 to June 8, 2015. The parties are currently drafting their closing statements in writing given the complexity of the arguments and the high number of case documents filed. The case will subsequently be taken under advisement by the Court.