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{{Short description|States in the Commonwealth realms}}{{About|the term referring to the state in some nations|the television series|The Crown (TV series){{!}}The Crown (TV series)|other uses|Crown (disambiguation)}}{{EngvarB|date=November 2018}}{{Use dmy dates|date=March 2024}}File:Coat of arms of New Zealand.svg|thumb|The image of St Edward's Crown is included in the coat of arms of New Zealand, and located atop the escutcheon, to symbolize the New Zealand CrownNew Zealand CrownThe Crown broadly represents the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states).{{Citation| last=Jackson| first=Michael D.| title=The Crown and Canadian Federalism| url=https://books.google.com/books?id=ZcIf46DzpfUC&pg=Pnto| year=2013| publisher=Dundurn| isbn=978-1-4597-0989-8}} The term can be used to refer to the office of the monarch or the monarchy as institutions; to the rule of law; or to the functions of executive (the Crown-in-council), legislative (the Crown-in-parliament), and judicial (the Crown on the bench) governance and the civil service.BOOK, Carroll, Alex,weblink Constitutional and Administrative Law, Pearson/Longman, 2003, 978-0-582-47343-0, 7, The concept of the Crown as a corporation sole developed first in the Kingdom of England as a separation of the physical crown and property of the kingdom from the person and personal property of the monarch. It spread through English and later British colonisation and is now rooted in the legal lexicon of all 15 Commonwealth realms, their various dependencies, and states in free association with them. It is not to be confused with any physical crown, such as those of the British regalia.WEB, CharlotteDunn, 4 June 2018, Crown Dependencies,weblink 1 September 2021, The Royal Family, en, The term is also found in various expressions such as Crown land, which some countries refer to as public land or state land; as well as in some offices, such as minister of the Crown, Crown attorney, and Crown prosecutor.{{TOC limit|3}}

Definition

The term the Crown does not have a single definition. Legal scholars Maurice Sunkin and Sebastian Payne opined, "the nature of the Crown has been taken for granted, in part because it is fundamental and, in part, because many academics have no idea what the term the Crown amounts to".{{citation| last1=Sunkin| first1=Maurice| last2=Payne| first2=Sebastian| title=The Nature of the Crown: A Legal and Political Analysis| publisher=Oxford University Press| location=Oxford| year=1999}} Nicholas Browne-Wilkinson theorised that the Crown is "an amorphous, abstract concept" and, thus, "impossible to define",COURT, Town Investments v Department for the Environment, Lord Morris of Borth-y-Gest, Lord Simon of Glaisdale, Lord Kilbrandon, Lord Edmund-Davies, 359, House of Lords, 1978,weblink 2 March 2023, while William Wade stated the Crown "means simply the Queen".{{citation| last=Wade| first=William| chapter=The Crown, Ministers, and Officials: Legal Status and Liability| editor-last1=Sunkin| editor-first1=M.| editor-last2=Payne| editor-first2=S.| title=The Nature of the Crown| page=24}} Warren J. Newman described the Crown is "a useful and convenient means of conveying, in a word, the compendious formal, executive and administrative powers and apparatus attendant upon the modern constitutional and monarchical state."{{citation| url=https://www.constitutionalstudies.ca/wp-content/uploads/2022/05/22.1-Full-Issue.pdf| editor-last1=Lagassé| editor-first1=Philippe| editor-last2=MacDonald| editor-first2=Nicholas A.| title=The Crown in the 21st Century| last1=Newman| first1=Warren J.| series=Some Observations on the Queen, the Crown, the Constitution, and the Courts| journal=Review of Constitutional Studies| volume=22| issue=1| year=2017| page=56| publisher=Centre for Constitutional Studies| location=Edmonton| access-date=5 June 2023}} The Lord Simon of Glaisdale stated, "the crown is a piece of bejewelled headgear under guard at the Tower of London; but, one that symbolises the powers of government, which were formerly wielded by the wearer of the crown". The Lord Diplock suggested the Crown means "the government [and] all of the ministers and parliamentary secretaries under whose direction the administrative work of the government is carried out by the civil servants employed in the various government departments." This interpretation was supported by Section 8 of the Pensions (Colonial Service) Act 1887, which set the terms "permanent civil service of the state", "permanent civil service of Her Majesty" and "permanent civil service of the Crown" as having the same meaning.{{harvnb| Torrance| 2023| pp=9–10}}

Concept

{{multiple image| total_width =250| direction =vertical| image1 =Ottawa - Rideau Hall.JPG| caption1 =Rideau Hall in Ottawa, Ontario, held in perpetuity by the Canadian monarch, presently Charles III| image2 =2019-05-16 09-59-18 Großbritannien Aboyne, Upper Deeside and Donside Ward Carnaquheen 331.4.jpg| caption2 =Balmoral Castle in Aberdeenshire, Scotland, the privately owned property of Charles III| footer =}}The concept of the Crown took form under the feudal system.JOURNAL, The Crown as Corporation, Frederic William Maitland, Maitland, Frederic, Law Quarterly Review, 17, 1901, 131–46,weblink Though not used this way in all countries that had this system, in England, all rights and privileges were ultimately bestowed by the ruler. Land, for instance, was granted by the Crown to lords in exchange for feudal services and they, in turn, granted the land to lesser lords. One exception to this was common socage: owners of land held as socage held it subject only to the crown. When such lands become ownerless, they are said to escheat; i.e. return to direct ownership of the Crown (Crown land). is the royal prerogative by which unowned property, primarily unclaimed inheritances, becomes the property of the Crown.{{#tag:ref|Jurisdictions in which this prerogative does not apply include Cornwall, where unowned property becomes the property of the duke of Cornwall, and Lancashire, where it becomes the property of the duke of Lancaster.|group=n|name=Jurisdictions}}BOOK, Nguyen, Nam H.,weblink Essential 25000 English-Cebuano Law Dictionary, 18 March 2018, Nam H Nguyen, en, As such, the physical crown and the property belonging to successive monarchs in perpetuity came to be separated from the person of the monarch and his or her private property. After several centuries of the monarch personally exercising supreme legislative, executive, and judicial power, these functions decreased as parliaments, ministries, and courts grew through the 13th century.{{citation| url=https://researchbriefings.files.parliament.uk/documents/CBP-8885/CBP-8885.pdf| last=Torrance| first=David| title=The Crown and the Constitution| date=11 January 2023| publisher=House of Commons Library| page=8| access-date=1 March 2023}} The term the Crown then developed into a means by which to differentiate the monarch's official functions from his personal choices and actions.{{harvnb| Torrance| 2023| p=7}} Even within mediaeval England, there was the doctrine of capacities separating the person of the king from his actions in the capacity of monarch.BOOK, Claire, Valente, The Theory and Practice of Revolt in Medieval England, Aldershot, Ashgate, 2003, 0-7546-0901-4, 30, When the kingdom of England merged with those of Scotland andIreland, the concept extended into the legal lexicons of the UnitedKingdom and its dependencies and overseas territories and, eventually, all of the independent Commonwealth realms. There are, thus, now many distinct crowns, as a legal concept, "worn by"—or many different offices of monarch occupied by—one person as sovereign (supreme monarch) of each country.{{citation| url=https://www.constitutionalstudies.ca/wp-content/uploads/2022/05/22.1-Full-Issue.pdf| title=The Role of Monarchy in Modern Democracy: European Monarchies Compared| editor-last1=Hazell| editor-first1=Robert| editor-last2=Morris| editor-first2=Bob| chapter=Royal Succession, Abdication, and Regency in the Realms| last=Twomey| first=Anne| date=17 September 2020| page=34| publisher=Bloomsbury Publishing| location=London| isbn=978-1-5099-3103-3| access-date=2 May 2023}} However, the Crown can also mean the pan-national institution shared by all 15 Commonwealth realms.File:Carl III af Det Forenede Kongerige.jpg|thumb|left|King Charles III (wearing the Imperial State Crown), the living embodiment of the state/crown in each of the Commonwealth realmCommonwealth realmIn each Commonwealth realm, the term the Crown, at its broadest, now means the government or the polity known as the state, while the sovereign in all realms is the living embodiment of the state,{{Citation| last=Elizabeth II| author-link=Elizabeth II| publication-date=1 April 2005| title=Interpretation Act| section=46.1.b| location=Ottawa| publisher=Queen's Printer for Canada| url=http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-i-21/latest/rsc-1985-c-i-21.html| access-date=7 August 2009| year=2005}} or symbolic personification of the Crown.{{#tag:ref|In the Canadian context, the monarch has been described by Eugene Forsey as the "symbolic embodiment of the people—not a particular group or interest or party, but the people; the whole people";JOURNAL, Forsey, Helen, As David Johnson Enters Rideau Hall..., The Monitor, Canadian Centre for Policy Alternatives, Ottawa, 1 October 2010,weblink 23 January 2011, his daughter, Helen Forsey, said of his opinion on the Crown, "for him, the essence of the monarchy was its impartial representation of the common interests of the citizenry as a whole, as opposed to those of any particular government." The Department of Canadian Heritage said the Crown serves as the "personal symbol of allegiance, unity, and authority for all Canadians,"{{citation| url=http://www.pch.gc.ca/pgm/ceem-cced/symbl/101/102-eng.cfm| author=Department of Canadian Heritage| title=Ceremonial and Canadian Symbols Promotion > The crown in Canada| publisher=Queen's Printer for Canada| access-date=19 February 2009}}{{Citation| author=Department of Canadian Heritage| author-link=Department of Canadian Heritage| title=Canada: Symbols of Canada| place=Ottawa| publisher=Queen's Printer for Canada| year=2010| url=http://publications.gc.ca/collections/collection_2011/pc-ch/CH4-130-2010-eng.pdf| page=3| access-date=4 December 2016}} a concept akin to that expressed by King Louis XIV: "", or, "I am the state".{{Citation| first=Shea| last=Derwyn| author-link=Derwyn Shea| contribution=Bill 22, Legislative Assembly Oath of Allegiance Act, 1995 > 1720| contribution-url=http://www.ontla.on.ca/web/committee-proceedings/committee_transcripts_details.do;jsessionid=c72d607830d68e75be455a5244a3950ae2235bd3f36e.e3eQbNaNa3eRe34KaN4RaNeRb310n6jAmljGr5XDqQLvpAe?locale=en&Date=1996-04-10&ParlCommID=45&BillID=&Business=Bill+22%2C+Legislative+Assembly+Oath+of+Allegiance+Act%2C+1995&DocumentID=19205| title=Committee Transcripts: Standing Committee on the Legislative Assembly| date=10 April 1996| place=Toronto| publisher=Queen's Printer for Ontario| url=http://www.ontla.on.ca/web/committee-proceedings/committee_transcripts_details.do?locale=en&Date=1996-04-10&ParlCommID=45&BillID=&Business=Bill+22%2C+Legislative+Assembly+Oath+of+Allegiance+Act%2C+1995| access-date=16 May 2009| archive-url=https://web.archive.org/web/20110611135306weblink| archive-date=11 June 2011| df=dmy-all}} Robertson Davies stated in 1994, "the Crown is the consecrated spirit of Canada",BOOK, Davies, Robertson, Robertson Davies, Hunting Stuart and The Voice of the People, Simon & Pierre, 8 August 1996, Toronto, 978-0-88924-259-3,weblink and past Ontario chairman of the Monarchist League of Canada Gary Toffoli opined, "the Queen is the legal embodiment of the state at both the national and the provincial levels [...] She is our sovereign and it is the role of the Queen, recognized by the constitutional law of Canada, to embody the state."{{Citation| first=Gary| last=Toffoli| contribution=Bill 22, Legislative Assembly Oath of Allegiance Act, 1995 > 1620| contribution-url=http://www.ontla.on.ca/web/committee-proceedings/committee_transcripts_details.do;jsessionid=c72d607930d600b4e9b4ead54d5496d1d6b94ab16cbc.e3eRb3iNcheNe34OaN4La3yRa3j0n6jAmljGr5XDqQLvpAe?locale=en&Date=1996-04-10&ParlCommID=45&BillID=&Business=Bill+22%2C+Legislative+Assembly+Oath+of+Allegiance+Act%2C+1995#P58_1620| title=Committee Transcripts: Standing Committee on the Legislative Assembly| date=10 April 1996| place=Toronto| publisher=Queen's Printer for Ontario| url=http://www.ontla.on.ca/web/committee-proceedings/committee_transcripts_details.do?locale=en&Date=1996-04-10&ParlCommID=45&BillID=&Business=Bill+22%2C+Legislative+Assembly+Oath+of+Allegiance+Act%2C+1995| access-date=16 May 2009| archive-url=https://web.archive.org/web/20110611135306weblink| archive-date=11 June 2011| df=dmy-all}}|group=n|name=State}}{{refn|WEB, Table Research Branch of the House of Commons, House of Commons of Canada, Compendium of Procedure, Queen's Printer for Canada, March 2008, Ottawa, 1,weblinkweblink" title="web.archive.org/web/20121025024722weblink">weblink 25 October 2012, live, 14 October 2009, {{Citation| author=Cabinet Secretary and Clerk of the Executive Council| title=Executive Government Processes and Procedures in Saskatchewan: A Procedures Manual| location=Regina| publisher=Queen's Printer for Saskatchewan| date=April 2004| page=10| url=http://www.gov.sk.ca/adx/aspx/adxGetMedia.aspx?DocID=635,617,534,206,Documents&MediaID=752&Filename=2004Manual.pdf |access-date=30 July 2009}}{{citation| url=http://www.royal.gov.uk/MonarchAndCommonwealth/Canada/TheQueensroleinCanada.aspx| author=The Royal Household| title=The Queen and the Commonwealth > Queen and Canada > The Queen's role in Canada| publisher=Queen's Printer| access-date=15 May 2009}}{{Citation| last=MacLeod| first=Kevin S.| author-link=Kevin S. MacLeod| title=A Crown of Maples| page=51 |place=Ottawa| publisher=Queen's Printer for Canada| year=2012| edition=2| url=http://canadiancrown.gc.ca/DAMAssetPub/DAM-CRN-jblDmt-dmdJbl/STAGING/texte-text/crnMpls_1336157759317_eng.pdf?WT.contentAuthority=4.4.4 |isbn=978-0-662-46012-1| access-date=28 November 2012| archive-date=4 February 2016| archive-url=https://web.archive.org/web/20160204231448weblink}}{{Citation| last=Marleau| first=Robert| author2=Montpetit, Camille| title=House of Commons Procedure and Practice| publisher=Queen's Printer for Canada |year=2000| location=Ottawa| section=1. Parliamentary Institutions > Institutional Framework > The Crown| url=http://www2.parl.gc.ca/MarleauMontpetit/DocumentViewer.aspx?DocId=1001&Sec=Ch01&Seq=3&Lang=E |isbn=2-89461-378-4| archive-url=https://web.archive.org/web/20121008170948weblink| archive-date=8 October 2012}}{{Citation| author=Citizenship and Immigration Canada| author-link=Citizenship and Immigration Canada| title=Discover Canada| location=Ottawa| publisher=Queen's Printer for Canada| year=2009| page=2| url=http://www.cic.gc.ca/english/pdf/pub/discover.pdf| isbn=978-1-100-12739-2| access-date=3 December 2009}}{{Citation| last=Tidridge| first=Nathan| title=Canada's Constitutional Monarchy: An Introduction to Our Form of Government| page=17| publisher=Dundurn Press| location=Toronto| year=2011| isbn=978-1-4597-0084-0| url=https://books.google.com/books?id=JvGsvHsAtDgC}}}} The body of the reigning sovereign thus holds two distinct personas in constant coexistence, an ancient theory of the "King's two bodies"—the body natural (subject to infirmity and death) and the body politic (which never dies). The Crown and the sovereign are "conceptually divisible but legally indivisible [...] The office cannot exist without the office-holder".{{#tag:ref|As Peter Boyce put it, "the Crown as a concept cannot be disentangled from the person of the monarch, but standard reference to the Crown extends well beyond the Queen's person."{{Citation| last=Boyce| first=Peter John| title=The Queen's Other Realms: The Crown and Its Legacy in Australia, Canada and New Zealand| page=81| publisher=Federation Press| location=Sydney| year=2008a| isbn=978-1-86287-700-9}}|group=n|name=Boyce}}{{citation| url=https://ottawacitizen.com/opinion/op-ed/Succeeding+Canadian+throne/7651371/story.html| last1=Bowden| first1=James| last2=Philippe| first2=Lagassé| title=Succeeding to the Canadian throne| date=6 December 2012| work=Ottawa Citizen| access-date=6 December 2012| archive-url=https://archive.today/20130110062651weblink| archive-date=10 January 2013}}The terms the state, the Crown,{{citation| url=http://laws.justice.gc.ca/eng/acts/F-11/FullText.html| author=Elizabeth II| title=Financial Administration Act| date=9 October 2012| section= 83.1| publisher=Queen's Printer for Canada| access-date=6 December 2012}} the Crown in Right of [jurisdiction], His Majesty the King in Right of [jurisdiction],WEB, Elizabeth II, Elizabeth II, Memorandum for Understanding of Cooperation on Addressing Climate Change, 21 May 2004, 1, Toronto, Queen's Printer for Canada,weblink 16 May 2009, and similar, are all synonymous and the monarch's legal personality is sometimes referred to simply as the relevant jurisdiction's name.WEB, Elizabeth II, Elizabeth II, A First Nations–Federal Crown Political Accord,weblink 1, 2004, 3, Ottawa, Assembly of First Nations,weblink" title="web.archive.org/web/20051006193757weblink">weblink 6 October 2005, 29 September 2009, (In countries using systems of government derived from Roman civil law, the state is the equivalent concept.{{citation| url=https://books.google.com/books?id=ZcIf46DzpfUC&pg=PA20| last=Jackson| first=Michael D.| title=The Crown and Canadian Federalism| page=20| publisher=Dundurn Press| location=Toronto| year=2013| isbn=978-1-4597-0989-8}}) However, the terms the sovereign or monarch and the Crown, though related, have different meanings: The Crown includes both the monarch and the government. The institution and powers of the Crown are formally vested in the king, but, conventionally, its functions are exercised in the sovereign's name by ministers of the Crown{{refn|Executives who are themselves servants of the Crown.|group=n}} drawn from and responsible to the elected chamber of parliament.BOOK, Turpin, Colin, Tomkins, Adam, British Government and the Constitution: Text and Materials, 28 June 2007, Cambridge University Press, 978-1-139-46536-6, 366,weblink 3 March 2024, en, Still, the king or queen is the employer of all government officials and staff (including the viceroys, judges, members of the armed forces, police officers, and parliamentarians),{{#tag:ref|The Supreme Court found in the 1980 case Attorney General of Quebec v. Labrecque that civil servants in Canada are not contracted by an abstraction called the state, but, rather, they are employed by the monarch, who "enjoys a general capacity to contract in accordance with the rule of ordinary law."{{Citation| last=Smith| first=David E.| title=The Invisible Crown| publisher=University of Toronto Press| year=1995| location=Toronto| isbn=0-8020-7793-5| page=79}}|group=n|name=Court}} the guardian of foster children (Crown wards), as well as the owner of all state lands (Crown land), buildings and equipment (Crown property),WEB,weblink Department of National Defence, DCBA 414 011759Z Apr 09 MFSI Annual Rates for the Fiscal Year 2009/2010, Queen's Printer for Canada, 16 May 2009,weblink" title="web.archive.org/web/20090828111747weblink">weblink 28 August 2009, state-owned companies (Crown corporations or Crown entities),WEB,weblink Crown Entities Act 2004, New Zealand Legislation, Parliamentary Counsel Office, 25 February 2024, and the copyright for government publications (Crown copyright).MAP, Queen's Printer for Canada, Canada,weblink PDF, 2006, 16 May 2009, 26 March 2009,weblink" title="web.archive.org/web/20090326043231weblink">weblink This is all in his or her position as sovereign, not as an individual; all such property is held by the Crown in perpetuity and cannot be sold by the sovereign without the proper advice and consent of his or her relevant ministers.File:Ceremonial Mace of the Queensland Parliament.jpg|thumb|The mace of the Parliament of Queensland, symbolising the power of the Australian Crown-in-Parliament ]]The Crown also represents the legal embodiment of executive, legislative, and judicial governance. While the Crown's legal personality is usually regarded as a corporation sole,{{citation| url=http://www.legislation.gov.uk/ukpga/Geo5/15-16/20| author=George V| title=Law of Property Act 1925| location=London| publisher=King's Printer| date=9 April 1925| section=s. 180}} it can, at least for some purposes, be described as a corporation aggregate headed by the monarch.{{citation| title=The Crown as Corporation| first=Frederic| last=Maitland| author-link=Frederic William Maitland| journal=Law Quarterly Review| issue=17| year=1901| pages=131–46| url=http://socserv2.socsci.mcmaster.ca/econ/ugcm/3ll3/maitland/crowncor.mai}}{{Citation| author=The Law Commission| type=Affidavit| date=November 1996| location=Lincoln County, Nevada| title=Paper 143: The execution of deeds and documents by or on behalf of bodies corporate| journal=Halsbury's Laws of England| publication-date=1974| volume=9| edition=4| id=1206| url=http://www.lawcom.gov.uk/wp-content/uploads/2015/03/cp143_Execution_of_Deeds_and_Documents_Consultation.pdf}} Frederic William Maitland argued the Crown is a corporation aggregate embracing the government and the "whole political community".{{citation| last=Maitland| first=Frederic William| title=The Constitutional History of England| publisher=Cambridge University Press| location=Cambridge| year=1908| page=418}} J.G. Allen preferred to view the Crown as a corporation sole; one office occupied by a single person, enduring "through generations of incumbents and, historically, lends coherence to a network of other institutions of a similar nature."{{citation| last=Allen| first=J.G.| title=The Office of the Crown| journal=Cambridge Law Journal| location=Cambridge| volume=77| issue=2| date=July 2018| page=300| doi=10.1017/S0008197318000338| s2cid=149843556| url=http://edoc.hu-berlin.de/18452/22408}} Canadian academic Philippe Lagassé found the crown "acts in various capacities, as such: crown-in-council (executive); crown-in-parliament (legislative); crown-in-court (judicial). It is also an artificial person and office as a corporation sole. At its most basic, "the Crown" is, in the UK and other Commonwealth realms, what in most other countries is "the state"."{{citation| last=Lagassé| first=Philippe| title=The State, The Crown, and Parliament, lecture given at Carleton University| location=Ottawa| date=2 November 2021}}{{anchor|Divisible}}

Divisibility of the Crown

{{further|Commonwealth realm#The Crown in the Commonwealth realms}}{{further|Monarchy in the Canadian provinces}}Historically, the Crown was considered to be indivisible.JOURNAL, The Concept of the Crown, Saunders, Cheryl, Melbourne University Law Review, 38, 883, 2015, Two judgments—Ex parte Indian Association of Alberta (EWCA, 1982) and Ex parte Quark (House of Lords, 2005)—challenged that view. Today, it is considered separate in every country, province, state, or territory, regardless of its degree of independence, that has the shared monarch as part of the respective country's government; though, limitations on the power of the monarch in right of each territory vary according to relevant laws, thus making the difference between full sovereignty, semi-sovereignty, dependency, etc. The Lords of Appeal wrote, "the Queen is as much the Queen of New South Wales and Mauritius and other territories acknowledging her as head of state as she is of England and Wales, Scotland, Northern Ireland, or the United Kingdom."Lords of Appeal, Ex parte Quark, 2005The Crown in each of the Commonwealth realms is a similar, but separate, legal concept. To distinguish the institution's role in one jurisdiction from its place in another, Commonwealth law employs the expression the Crown (wikt:in right of|in Right) of [place]; for example, the Crown in Right of the United Kingdom,{{refn|BOOK, Lauterpacht, E., Greenwood, C. J., International Law Reports, Cambridge University Press, 1992, Cambridge, 286, 713,weblink 87, 978-0-949009-99-9, BOOK, Royal Institute of International Affairs, British Institute of International Affairs, The British Year Book of International Law, 53, H. Frowde, 1983, Oxford, 253, 257, 258,weblink BOOK, Bourne, C.B., Canadian Yearbook of International Law, 23, UBC Press, 1986, Vancouver,weblink 978-0-7748-0259-8, BOOK, The Australian law journal, 52, Law Book Co. of Australasia Ltd., 1978, North Ryde, 58, 203, 207,weblink 3910867, }} the Crown in Right of Canada, the Crown in Right of the Commonwealth of Australia, etc. Because both Canada and Australia are federations, there are also crowns in right of each Canadian province{{Citation |author=Ministry of Natural Resources |title=Disposition of Public Land to Other Governments and Agencies |date=24 January 2006 |page=2, at 3.2.B |url=http://files.ontario.ca/environment-and-energy/crown-land/mnr_e000096.pdf |place=Toronto |publisher=Queen's Printer for Ontario |quote=When public land is required by the federal government or one of its departments, or any provincial ministry, the land itself is not transferred. What is transferred is the responsibility to manage the lands on behalf of Her Majesty the Queen (HMQ). This is accomplished by an Order-in-Council or a Minister's Order that transfers management of land either from HMQ in right of Ontario to HMQ in right of Canada as represented by a department or to HMQ in right of Ontario as represented by another ministry. The Crown does not transfer ownership to itself. |access-date=25 April 2010}} and each Australian state. When referring to the Crown in multiple jurisdictions, wording is typically akin to "the Crown in right of [place], and all its other capacities".WEB, Clayton Utz, Clayton Utz, Retail Leases Comparative Analysis - The Act Binds the Crown,weblink Clayton Utz, 14 April 2023,weblink 14 July 2022, The powers of a realm's crown are exercised either by the monarch, personally, or by his or her representative on the advice of the appropriate local ministers, legislature, or judges, none of which may advise the Crown in any other realm.{{multiple image| align = center| total_width = 700| perrow = | image1 = Her Majesty Queen Elizabeth II and her Canadian Ministers at Rideau Hall 1 July 1967.jpg

Elizabeth II, Queen of Canada, with her Cabinet of Canada>Cabinet in Rideau Hall, 1 July 1967| image2 = New Zealand Cabinet, 1981.jpg

Queen of New Zealand, with her Cabinet of New Zealand>Cabinet, 1981| image3 = Second Keating Cabinet 1994.jpg

Governor-General of Australia>Governor-General Bill Hayden, representing Elizabeth II, Queen of Australia, with Cabinet of Australia

outside Government House, Canberra>Government House, 25 March 1994| image4 = The Queen attending Cabinet to mark her Diamond Jubilee.jpg

Queen of the United Kingdom, with her Cabinet of the United Kingdom>Cabinet at 10 Downing Street, 18 December 2012| footer = Queen Elizabeth II in her various capacities as sovereign of different countries, demonstrating the divisibility of the crown}} New Zealand In New Zealand, the term the Crown (WEB, Karauna,weblink Te Aka Māori Dictionary, 20 January 2023, en, ) is used to mostly mean the authority of government; its meaning changes in different contexts.JOURNAL, Shore, Cris, Kawharu, Margaret, 17 June 2014, The Crown in New Zealand: Anthropological Perspectives on an Imagined Sovereign,weblink Sites: A Journal of Social Anthropology and Cultural Studies, en, 11, 1, 17–38, 10.11157/sites-vol11iss1id267, 1179-0237, free, WEB, 15 November 2019, Definition of 'the Crown' a difficult matter,weblink 12 May 2021, New Zealand Law Society {{!, Te Kāhui Ture o Aotearoa| language=en}} In the context of people considering the claims and settlements related to the Treaty of Waitangi, professor of history Alan Ward defines the Crown as "the people of New Zealand—including Māori themselves—acted through elected parliament and government."BOOK, The Waitangi Tribunal–Te Roopu Whakamana i te Tiriti o Waitangi, 2004, Bridget Williams Books, 1-877242-32-2, Hayward, Janine, Janine Hayward, Wellington, N.Z., 60361482, Wheen, Nicola R., Nicola Wheen, Crown Dependencies In the Bailiwick of Guernsey, legislation refers to the Crown in Right of the Bailiwick of GuernseyWEB, Review of the Roles of the Jersey Crown officers,weblink 7 November 2011, 22 November 2011,weblink" title="web.archive.org/web/20111122163301weblink">weblink or the Crown in Right of the BailiwickWEB, The Unregistered Design Rights (Bailiwick of Guernsey) Ordinance, 2005,weblink 7 November 2011, 21 July 2011,weblink" title="web.archive.org/web/20110721031210weblink">weblink and the law officers of the Crown of Guernsey submitted that, "the Crown in this context ordinarily means the Crown in right of the république of the Bailiwick of Guernsey"WEB, Review of the Roles of the Jersey Crown officers,weblink 7 November 2011, and that this comprises "the collective governmental and civic institutions, established by and under the authority of the monarch, for the governance of these islands, including the states of Guernsey and legislatures in the other islands, the royal court and other courts, the lieutenant governor, parish authorities, and the Crown acting in and through the Privy Council".NEWS, It's a power thing…,weblink 21 June 2010, Guernsey Press, 7 November 2011, 10 June 2011,weblink" title="web.archive.org/web/20110610140928weblink">weblink File:Flag of Jersey.svg|thumb|left|The flag of Jersey, displaying the badge of Jersey surmounted by a Plantagenet crown ]]In the Bailiwick of Jersey, statements by the law officers of the Crown define the Crown's operation in that jurisdiction as the Crown in Right of Jersey,WEB, Review of the Roles of the Crown Officers,weblink 7 November 2011, with all Crown land in the Bailiwick of Jersey belonging to the Crown in Right of Jersey and not to the Crown Estate of the United Kingdom.WEB, Written Question to H.M. Attorney General,weblink 7 November 2011, 27 September 2011,weblink" title="web.archive.org/web/20110927015030weblink">weblink The Succession to the Crown (Jersey) Law 2013 defined the Crown, for the purposes of implementing the Perth Agreement in Jersey law, as the Crown in Right of the Bailiwick of Jersey.WEB, Succession to the Crown (Jersey) Law 2013,weblink States of Jersey, 6 October 2021, Legislation in the Isle of Man also defines the Crown in Right of the Isle of Man as being separate from the Crown in Right of the United Kingdom.WEB,weblink The Air Navigation (Isle of Man) Order 2007 (No. 1115), 7 November 2011, British Overseas Territories Following the Lords' decision in Ex parte Quark, 2005, it is held that the King, in exercising his authority over British Overseas Territories, does not act on the advice of the Cabinet of the United Kingdom, but, in his role as king of each territory, with the exception of fulfilling the UK's international responsibilities for its territories. To comply with the court's decision, the territorial governors now act on the advice of each territory's executive and the UK government can no longer disallow legislation passed by territorial legislatures.Overseas Territories: Seventh Report of Session 2007–08, Vol. 2: Oral and Written Evidence. London, UK: The Stationery Office, 6 July 2008, pp. 49, 296–297 In the courts {{more citations needed|date=December 2021}}In criminal proceedings, the state is the prosecuting party; the case is usually designated (in case citation) as R v [defendant],WEB,weblink The Queen v Brenton Harrison Tarrant, In the High Court of New Zealand Christchurch Registry, 22 July 2022, where R can stand for either rex (if the current monarch is male) or regina (if the monarch is female), and the v stands for versus. For example, a criminal case against Smith might be referred to as R v Smith and verbally read as "the Crown against Smith".File:Royal coat of arms, Westminster Magistrates' Court - geograph.org.uk - 2844500.jpg|thumb|The coat of arms of the sovereign of the United Kingdom on the Westminster Magistrates' Court building in LondonLondonThe Crown is, in general, immune to prosecution and civil lawsuits. So, R is rarely (albeit sometimes{{#tag:ref|For exceptions in the United Kingdom, see Crown Proceedings Act 1947.|group=n|name=Exceptions}}) seen on the right hand side of the 'v' in the first instance. To pursue a case against alleged unlawful activity by the government, a case in judicial review is brought by the Crown against a minister of the Crown on the application of a claimant. The titles of these cases now follow the pattern of R (on the application of [X]) v [Y], notated as R ([X]) v [Y], for short. Thus, R (Miller) v Secretary of State for Exiting the European Union is R (on the application of Miller and other) v Secretary of State for Exiting the European Union, where "Miller" is Gina Miller, a citizen. Until the end of the 20th century, such case titles used the pattern R v Secretary of State for Exiting the European Union, ex parte Miller. Either form may be abbreviated R (Miller) v Secretary of State for Exiting the European Union.In Scotland, criminal prosecutions are undertaken by the lord advocate (or the relevant procurator fiscal) in the name of the Crown. Accordingly, the abbreviation HMA is used in the High Court of Justiciary for His/Her Majesty's Advocate, in place of rex or regina; as in, HMA v Al Megrahi and Fahima.Most jurisdictions in Australia use R or The King (or The Queen) in criminal cases. If the Crown is the respondent to an appeal, the words The King will be spelled out, instead of using the abbreviation R (i.e. the case name at trial would be R v Smith; if the defendant appeals against the Crown, the case name would be Smith v The King). In Western Australia and Tasmania, prosecutions will be brought in the name of the respective state instead of the Crown (e.g. The State of Western Australia v Smith). Victorian trials in the original jurisdiction will be brought in the name of the director of public prosecutions. The Commonwealth director of public prosecutions may choose which name to bring the proceeding in. Judges usually refer to the prosecuting party as simply "the prosecution" in the text of judgments. In civil cases where the Crown is a party, it is a customary to list the body politic (e.g. State of Queensland or Commonwealth of Australia) or the appropriate government minister as the party, instead. When a case is announced in court, the clerk or bailiff may refer to the Crown orally as our sovereign lord the king (or our sovereign lady the queen).In reporting on court proceedings in New Zealand, news reports will refer to the prosecuting lawyer (often called a Crown prosecutor, as in Canada and the United Kingdom) as representing the Crown; usages such as, "for the Crown, Joe Bloggs argued", being common.The Crown can also be a plaintiff or defendant in civil actions to which the government of the Commonwealth realm in question is a party. Such crown proceedings are often subject to specific rules and limitations, such as the enforcement of judgments against the Crown. lawsuits on behalf of the Crown were once common, but have been unusual since the Common Informers Act 1951 ended the practice of allowing such suits by common informers. Crown forces {{anchor|Crown forces}}The term "Crown forces" has been used by Irish republicans and nationalists, including members of paramilitary groups, to refer to British security forces which operate in Ireland. The term was used by various iterations of the Irish Republican Army (IRA) during conflicts such as Irish War of Independence and the Troubles. As noted by Irish republican Danny Morrison, "[t]he term 'security forces' suggests legitimacy, which is why republicans prefer terms like 'the Brits' or 'the Crown Forces', which undermines their authority."{{Efn|In Danny Morrison's words, "[t]he term 'security forces' suggests legitimacy, which is why republicans prefer terms like 'the Brits' or 'the Crown Forces', which undermines their authority."WEB,weblink Saving 'Bobby Sands Street' > Words of Freedom, Morrison, Danny, 24–26 January 2004, Irish History, Irlandinitiative Heidelberg, 25 August 2015, |name=Morrison}}BOOK, Hawes-Bilger, Cordula, War Zone Language: Linguistic Aspects of the Conflict in Northern Ireland, 2007, Francke, 978-3-7720-8200-9, 148, ; JOURNAL, O'Neill, Conor, 2004, Terrorism, insurgency and the military response from South Armagh to Falluja, The RUSI Journal, 149, 5, 22–25, 0307-1847, 10.1080/03071840408523120, 152582870, ; JOURNAL, Tomaney, John, 2000, End of the Empire State? New Labour and Devolution in the United Kingdom, International Journal of Urban and Regional Research, 24, 3, 675–688, 0309-1317, 10.1111/1468-2427.00271, Due to the Irish War of Independence, "the phrase 'Crown Forces' came to represent something abhorrent in the Republican narrative".BOOK, Ferriter, Diarmaid, Ambiguous Republic: Ireland in the 1970s,weblink 21 August 2015, 1 November 2012, Profile Books, Because of the events of the War of Independence, the phrase 'Crown Forces' came to represent something abhorrent in the Republican narrative., 978-1-84765-856-2, 247, See also Crown Court Notes {{Reflist|group=n|30em}}{{notelist}} References {{reflist}} Further reading BOOK, The Nature of the Crown: A Legal and Political Analysis, Oxford University Press, 1999, 978-0-19-826273-2, Sunkin, Maurice, 10.1093/acprof:oso/9780198262732.001.0001, Payne, Sebastian, {{Commonwealth realms}}{{Monarchies}}{{Property navbox}}