The Sovereign is deemed
the "fount of justice,"
and is responsible for
rendering justice for
all subjects. The
Sovereign does not
personally rule in
judicial cases; instead,
judicial functions are
performed in his or her
name. The common law
holds that the Sovereign
"can do no wrong"; the
monarch cannot be
prosecuted in his or her
own courts for criminal
offences. Civil lawsuits
against the Crown in its
public capacity (that
is, lawsuits against the
government) are
permitted; however,
lawsuits against the
Monarch personally are
not cognizable. The
Sovereign, and by
extention the Governor
General, also exercises
the "prerogative of
mercy," and may pardon
offences against the
Crown. Pardons may be
awarded before, during,
or after a trial.
In Canada the legal
personality of the State
is referred to as "Her
Majesty the Queen in
Right of Canada", and
likewise for the
provinces and
territories (i.e., "in
Right of Ontario,"
etc.). For example, if a
lawsuit is filed against
the federal government,
the respondent is
formally described as
Her Majesty the Queen in
Right of Canada. The
monarch as an individual
takes no more role in
such an affair than in
any other business of
government. For example,
a case in which a
province sues the
federal government would
formally be called
Her Majesty the Queen in
Right of Prince Edward
Island v. Her
Majesty the Queen in
Right of Canada. In
addition, the Monarch
also serves as a symbol
of the legitimacy of
Courts of Justice, and
of their judicial
authority.