Editing Sovereign immunity (section)

===Canada===
Canada inherited the common law version of Crown immunity from British law. However, over time, the scope of Crown immunity has been steadily reduced by statute law. As of 1994,<ref>The law was passed during the reign of Elizabeth&nbsp;II, but now uses male pronouns after amendment by the [https://www.govtmonitor.com/page.php?type=document&id=4644662 Demise of the Crown (Statutes) Amendment Regulation, AR 217/2022], to reflect the accession of Charles&nbsp;III as King of Canada in 2022.</ref> section 14 of Alberta's [[Interpretation Act]] states, "no enactment is binding on His Majesty or affects His Majesty or His Majesty's rights or prerogatives in any manner, unless the enactment expressly states that it binds His Majesty."<ref>{{cite book |author=Alberta Law Reform Institute |archive-url=https://web.archive.org/web/20130722211401/http://www.law.ualberta.ca/alri/docs/fr071.pdf |title=The Presumption of Crown Immunity |id=Report No. 71 |date=July 1994 |publisher=Alberta Law Reform Institute |isbn=0-8886-4193-1 |url=http://www.law.ualberta.ca/alri/docs/fr071.pdf |archive-date=22 July 2013 |access-date=1 January 2018}}</ref> However, in more recent times "all Canadian provinces&nbsp;... and the federal government (the [[Crown Liability Act]]) have now rectified this anomaly by passing legislation which leaves the Crown liable in tort as a normal person would be. Thus, the tort liability of the government is a relatively new development in Canada, statute-based, and is not a fruit of common law."<ref>{{Cite web| url=http://www.duhaime.org/LegalResources/TortPersonalInjury/LawArticle-77/Government-Liability.aspx| title=Government Liability| website=Duhaime.org - Learn Law| access-date=November 3, 2012| archive-date=January 1, 2018| archive-url=https://web.archive.org/web/20180101135916/http://www.duhaime.org/LegalResources/TortPersonalInjury/LawArticle-77/Government-Liability.aspx| url-status=dead}}</ref>

Since 1918, it has been held that provincial legislatures cannot bind the federal Crown, as [[Charles Fitzpatrick]] noted in ''Gauthier v The King'': "Provincial legislation cannot {{lang|la|proprio vigore}} [i.e., of its own force] take away or abridge any privilege of the Crown in right of the Dominion."<ref>{{cite CanLII|litigants=Gauthier v The King|link=|year=1918|court=scc|num=85|format=canlii|pinpoint=p. 194|parallelcite=[1918] 56 SCR 176|date=1918-03-05|courtname=auto|juris=}}</ref>

It has also been a constitutional convention that the [[Monarchy in the Canadian provinces|Crown in right of each province]] is immune from the jurisdiction of the courts in other provinces. However, this is now in question.<ref>{{cite journal| last=Walker| first=Janet| title=Interprovincial Sovereign Immunity Revisited| url=http://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?article=1608&context=ohlj| journal=[[Osgoode Hall Law Journal]]| date=1997| volume=35 |issue=2| pages=379–397| doi=10.60082/2817-5069.1608| s2cid=141661165| doi-access=free}}</ref>

[[Lieutenant governor (Canada)|Lieutenant governors]] do not enjoy the same immunity as the sovereign in matters not relating to the powers of the office. In 2013, the [[Supreme Court of Canada|Supreme Court]] refused to hear the request of former Lieutenant Governor of Quebec [[Lise Thibault]] to have charges against her dropped. She was being prosecuted by the [[Ministry of Justice (Quebec)|Attorney General of Quebec]] for misappropriation of public funds, but invoked royal immunity on the basis that "the Queen can do no wrong". As per convention, the court did not disclose its reasons for not considering the matter. Thibault later petitioned the [[Court of Quebec]] for the same motives. Judge St-Cyr again rejected her demand, noting that constitutional law does not grant a lieutenant governor the same benefits as the monarch and that, in her case, royal immunity would only apply to actions involving official state functions, not personal ones.<ref>{{cite web| url=http://www.cbc.ca/news/canada/montreal/lise-thibault-ex-quebec-lieutenant-governor-testifies-at-her-fraud-trial-1.2720523| title= Lise Thibault, ex-Quebec lieutenant-governor, testifies at her fraud trial| date=2014| work=CBC News}}</ref> She was eventually found guilty and sentenced to 18 months in jail, but was granted conditional release after serving six months.<ref>{{cite web| url=http://www.cbc.ca/news/canada/montreal/lise-thibault-conditional-release-1.3723189| title=Lise Thibault granted conditional release after serving 6 months| date=August 16, 2016| work=CBC news}}</ref>