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I hear some people claiming this is correct. I genuinely have not even the slightest understanding of how someone could reach that conclusion.

Treaties do not require any of the parties to maintain their current system of government unless they state otherwise, and they are between sovereign powers. Nobody annulled treaty obligations with Nepal just because they became a republic a decade and a half ago.

The only limitation should be the agreement of the House of Commons and all ten provincial legislatures. It might be nice to have Indigenous support but this is purely optional, and are each one voter among the millions of voters in Canada.

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  • The theory that it might be a concern would flow from the notion that indigenous tribes entered into treaties with the monarch and the heirs of that monarch, that did not expressly permit the unilateral substitution of a successor republic as a counterparty.
    – ohwilleke
    Feb 14 at 7:16
  • The concept of successor states have existed for a long time. The successor state has all the rights and duties their predecessor signed and ratified. And even if it was not, one party doesn't get to complain if the other party changes aspects of themselves if a treaty never bound them to anything like that. If it was, then everyone would be yelling at Nepal for changing to a republic without the agreement of those with whom they have treaties. Feb 16 at 12:33

1 Answer 1

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No

Amendments to the Constitution of Canada affecting the office of the Monarch (becoming a republic would require its abolition) require the unanimous consent of the legislative assemblies of all of the Provinces plus both Houses of Parliament.

There is no requirement to consult indigenous peoples or any other part of the population. It’s all done by the 10 provincial and 1 federal parliaments.

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  • Does "unanimous consent" here mean that all the legislatives have to agree or that the legislatives have to agree unanimously (= every member of each of the legislatives has to agree)?
    – PMF
    Feb 12 at 11:34
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    @PMF All the legislatures have to agree.
    – Sneftel
    Feb 13 at 8:38
  • @PMF Each of the legislatures in Canada with sovereign power, the provincial ones and federal parliament, possibly without the senate because of an override clause, must agree, but each one only needs a majority vote to approve of the same amendment. Unanimous consent is handy if you can get it though via the rules of procedure. Feb 14 at 0:39
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    I suspect there might arguably be a Section 35 requirement to consult but not bindingly. Feb 14 at 0:40

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