Government of Newfoundland and Labrador
Department of Justice and Public Safety
Saturday, September 10, 2022

The Department of Justice and Public Safety joins in the mourning of Queen Elizabeth II.

For a remarkable 70 years she showed unwavering dedication to the Commonwealth and Newfoundland and Labrador.

In Canada’s constitutional monarchy, the Crown and its symbols are woven in the fabric of our legal system. With the passing of Queen Elizabeth II, King Charles III is now King.

There is no immediate need for a general rewrite of legislation, existing official documents, or the renegotiation of agreements involving the Crown upon the demise of the Crown. The Crown’s legal capacity remains unchanged.

Moreover, the Government of Newfoundland and Labrador has legislation which is applicable in this circumstance, including the Demise of the Crown Act and the Interpretation Act. The Demise of the Crown Act states that where there is a demise of the Crown, it does not affect the holding of any office under the Crown or the right or capacity of a person to engage in any profession, occupation or calling, and that a person is not required to retake an oath of office or oath of allegiance. This Act also provides that a civil or criminal process or proceeding of the court is not affected but remains in full force as though there had been no demise. According to the Interpretation Act, any references to “Her Majesty”, “His Majesty”, “the Queen”, “the King” or “the Crown” mean the Sovereign of the United Kingdom, Canada and the Crown’s other Realms.

As it relates to those who have been appointed Queen’s Counsel (QC), with King Charles III becoming Sovereign of Canada on the passing of Queen Elizabeth II, it would now be appropriate for appointees to begin using the King’s Counsel (KC) title.

Sincerely,
Honourable John Hogan, KC
Minister of Justice and Public Safety and Attorney General