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Quebec’s top court rejects challenge to British royal succession law

FILE - In this Monday, July 9, 2018 file photo, Kate, Duchess of Cambridge carries Prince Louis as they arrive for his christening service at the Chapel Royal, St James's Palace, London. The youngest child of Prince William and his wife Kate is about to celebrate his first birthday. Prince Louis will mark the milestone Tuesday, April 23, 2019.
FILE - In this Monday, July 9, 2018 file photo, Kate, Duchess of Cambridge carries Prince Louis as they arrive for his christening service at the Chapel Royal, St James's Palace, London. The youngest child of Prince William and his wife Kate is about to celebrate his first birthday. Prince Louis will mark the milestone Tuesday, April 23, 2019. Dominic Lipinski/Pool Photo via AP, file

Quebec’s top court has rejected a case that sought to challenge the rules governing ascension to the British throne. It would have had Canada’s law on royal succession declared unconstitutional.

In a decision published Monday, the court ruled that the Quebec Superior Court justice who first heard the case did not err in rejecting the claims.

READ MORE: Quebec court to hear appeal of challenge to British royal succession law

The conflict dates back to 2011, when leaders of Commonwealth countries agreed to modify the succession rules so that a woman can become queen if she is the oldest heir to the throne.

Before the change, a woman would have been passed over in favour of her younger brother.

READ MORE: Quebec law profs declare federal monarchy succession law ‘unconsitutional’

Law professors Patrick Taillon and Geneviève Motard argued that the change, which was enshrined in Canadian law in 2013, amends the Canadian Constitution and should have required the consent of the provinces.

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But Justice Claude Bouchard ruled the person designated king or queen of the United Kingdom is automatically Canada’s monarch too and the change in law did not require Ottawa to amend the Canadian Constitution.

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