Princess Charlotte might be Queen in UK but not in Canada after court battle is launched against new rules to give female royals the same status as men

  • New rules brought allow firstborn to inherit throne regardless of gender
  • Also scraps rules which bans anyone who marries a Roman Catholic
  • Legal challenge could give Canada different monarch to Commonwealth

By Hannah Parry For Mailonline

Published: 04:18 EST, 2 June 2015 | Updated: 09:59 EST, 2 June 2015

A legal challenge to the new royal succession law could see Princess Charlotte crowned as Queen in Britain and all across the Commonwealth - except Canada.

The law was introduced to remove traditional male succession rules to allow the first born of any gender to inherit the throne. It also scrapped the ban for anyone marrying a Roman Catholic.

But now, efforts to change the law of succession across Commonwealth countries - where the Queen is head of state - could now be thrown into chaos.

A legal challenge to the new royal succession law could see Princess Charlotte, pictured with the Duke and Duchess of Cambridge, crowned as Queen in Britain and all across the Commonwealth - except Canada

A legal challenge to the new royal succession law could see Princess Charlotte, pictured with the Duke and Duchess of Cambridge, crowned as Queen in Britain and all across the Commonwealth - except Canada

Two professors from Laval University in Quebec have challenged the law claiming that the ­Canadian government acted unconstitutionally by failing to seek the approval from the country's ten provinces before it agreed to the changes.

If successful, the challenge could result in the law being overturned in Canada, meaning a firstborn girl could lose the right to succession to a younger brother or someone marrying a Roman Catholic would be barred from the throne.

Both Prince William and Kate's children could be affected by the Canadian rules.

If Prince George were to marry a Catholic, he could go on to be crowned King in 15 of the 16 Commonwealth countries, including Britain, but not in Canada

If Prince George were to marry a Catholic, he could go on to be crowned King in 15 of the 16 Commonwealth countries, including Britain, but not in Canada

If Prince George were to marry a Catholic, he could go on to be crowned King in 15 of the 16 Commonwealth countries, including Britain, but not in Canada. 

THE NEW SUCCESSION RULES 

The Succession to the Crown Act 2013 altered the laws of succession to the British throne.

It replaced male-preference to allow the eldest child, regardless of gender, to precede their siblings.

The act also ended the disqualification of a person who married a Roman Catholic from the line of succession, and removed the requirement of those outside the first six persons in line to the throne to seek the Sovereign's approval to marry.

It was brought in accordance with the 2011 Perth Agreement - made by the prime ministers of the 16 Commonwealth realms.

Princess Charlotte is currently fourth in line to the throne but she could be superseded by a potential younger brother. 

Professors Genevieve Motard and Patrick Taillon, lodged their case in Quebec Superior Court which is expected to  take anywhere up to five years to resolve.

Professor Taillon told the Daily Express: 'We are not against the modifications. We only want to respect the Canadian constitution.

'The government of Canada has created a diplomatic crisis by not respecting the Canadian constitution.' 

Royal historian Hugo Vickers said: 'You can't have a Queen of England and a King of Canada, for example. But if the Act has already received royal assent in Canada, they might well argue it's too late mate.' 


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