These changes will affect the way criminal cases are called, as well as the oaths or affirmations of allegiance new lawmakers, judges and others are required to take to the Canadian monarch. “It’s really a series of wordings,” Alan Hutchinson, a legal theorist and law professor at York University, told CTVNews.ca. “But there will need to be some very minor changes in terms of wording in court documents, affidavits, things like that.” COURT CASES The party prosecuted in Canadian criminal proceedings is Her Majesty the Queen or the Crown. In case titles, “Her Majesty the Queen” is abbreviated to “The Queen” or simply the letter “R” representing the Latin word for queen, regina. for example, R. v. Smith. Following the Queen’s death, court cases involving the Canadian government must now refer to “His Majesty the King”. The “R” however can remain, as the Latin word for king is rex. “Criminal prosecutions are being made in the name of the Crown, the head of state,” David Schneiderman, a professor of law and political science at the University of Toronto, told CTVNews.ca. “Well, that’s all it means; it’s just a symbolic placeholder for us.” OATH OF LOYALTY Oaths or declarations of allegiance to the monarchy are legally required for legislators such as senators and members of parliament, federal and provincial judges, lawyers in many provinces and territories, and others such as new citizens and members of the Canadian Armed Forces. Canada’s Oath of Allegiance Act clearly states that if “there is a death 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 Pledge of Allegiance will now begin with the words: “I, [NAME]swear that I will be faithful and show true allegiance to His Majesty King Charles the Third.’ “The wording will have to change,” Hutchinson explained. “But those who pledged allegiance to Queen Elizabeth will not all have to do so again.” A DIRECT TRANSITION There will also be name changes in government documents and legal contracts. Manitoba Courts has already announced that the Court of Queen’s Bench of Manitoba will now be the Court of King’s Bench of Manitoba. Both Hutchinson and Schneiderman expect these wording changes to be simple and seamless. “The Government of Canada, and possibly the provincial governments, will be taking steps very soon to do that,” Schneiderman said. “But, you know, these are changes that aren’t absolutely necessary because the Queen and her heirs serve as the Crown in Canada, and the Crown is the head of state, and the Crown lives on, whoever occupies the office.” “It’s all very formal, superficial,” Hutchinson added. “The personification of the Crown has changed, but the nature of the Crown has not changed at all.”
