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Harry and Meghan's decision to move to Canada could be unlawful under country's constitution, claims expert

This comes in the wake of Canada's biggest newspaper, in an editorial, slamming the royal couple saying they shifting to the country would 'break an unspoken constitutional taboo'
PUBLISHED JAN 17, 2020
Prince Harry and Meghan Markle (Getty Images)
Prince Harry and Meghan Markle (Getty Images)

Prince Harry and Meghan Markle's decision to spend more of their time in Canada could be unlawful, according to a constitutional expert. 

On January 8, the Duke and Duchess of Sussex had announced that they would step back as senior members of the royal family and work to become financially independent. This move could see the couple splitting their time between the UK and Canada.

Critics, however, say that the royal couple is not welcome to settle down in Canada as their move could cost the Canadian taxpayers $ 10million and likely result in a constitutional crisis. The Globe and Mail, Canada's biggest newspaper, in an editorial on Wednesday, had stated that the royals' move to the country would "break an unspoken constitutional taboo."

Constitutional expert Michael Behiels, in a statement to The Times, said that Canada's Supreme Court could be asked to rule on whether it was lawful to allow the Sussexes to live in the country as there "is no constitutional role of the Duke and Duchess of Sussex." Behiels is an emeritus professor of political and constitutional history at Ottawa University and a fellow of the Royal Society of Canada.

Prince Harry and Meghan smile during their visit to Canada House in thanks for the warm hospitality and support they received during their recent stay in Canada, on January 7, 2020, in London (Getty Images)

"They can visit Canada on behalf of the Queen but they can't take on any other royal family responsibilities or live in Canada permanently or part-time," Behiels told the outlet. "I hope that [the] Prime Minister Justin Trudeau and his cabinet fully respect the nature and scope of Canada's Constitution Acts of 1867 and 1982."

Concerns have emerged in the country over Harry and Meghan's possible move to Canada as no British royal has ever settled in the country and the nation takes pride in not having any aristocracy on its soil. 

The expert's comments come after The Globe and Mail's editorial, which clearly stated that the Sussexes were not welcome to live in the country. "Canada is not a halfway house for anyone looking to get out of Britain while remaining a royal," the scathing piece stated.

The editorial slammed the couple's "vague and evolving plan to move to Canada while remaining part of the Royal Family," adding, "The Trudeau government’s response should be simple and succinct: No." "If they were ordinary private citizens, plain old Harry and Meghan from Sussex, they would be welcome," the editorial said. "But this country’s unique monarchy, and its delicate yet essential place in our constitutional system, means that a royal resident – the prince is sixth in the line of succession – is not something that Canada can allow. It breaks an unspoken constitutional taboo."

The Queen, after the crisis talks at Sandringham on Monday, announced, "There will be a period of transition in which the Sussexes will spend time in Canada and the UK." The meeting was attended by Harry, Prince William, Prince Charles, and the Queen while Meghan remained in Canada with Archie. It is not yet clear how long this "period of transition" will last.

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