Marvel 1602 & Treason in the Common Law World

Neil Gaiman is one of those authors who is great at taking an everyday concept like history or religion and turning it into a fantastic romp of thought provoking fiction. American Gods, the story of America’s antiquated religious traditions, remains one of my favourite novels and we recently heard some great news from New York Comic Con about reprints of Gaiman's time on Marvelman. Recently, I got around to reading Gaiman’s Marvel 1602, an eight issue mini-series published in 2003 and 2004 that takes the mainstay characters of the Marvel Universe and drops them into Tudor-Stuart Britain and America. 

Cover of Marvel 1602 #1 (November 2003) Written by Neil Gaiman, art by Andy Kubert, digital printing by Richard Isanove, letters by Todd Klien, cover by Scott McKowen and edited by Joe Quesada.

One of the key plot points of Marvel 1602 revolves around the well known yet little understood crime of treason. Set against a tumultuous transitional period -- one which saw the end of the last Tudor, Queen Elizabeth I and the first Stuart, King James I (VI of Scotland) -- the story captures the religious, political and dynastic turmoil of early modern Britain very well. Because Elizabeth’s forty-four years as the Queen of England did not result in an immediate heir to her throne, the kingdom of England was inherited by the next in line, Elizabeth's first cousin once removed James Stuart, King of Scotland. Upon Elizabeth's death in 1603, England and Scotland entered into what is called a “personal union” with both countries sharing the same monarch, yet maintaining separate parliaments, judges, laws, etc. Because England was much bigger than Scotland, as soon as he was declared king, James moved south to reign in London. 

Counsel to Queen Elizabeth I in Marvel 1603 include Sir Nick Fury and Dr. Strange. Image from Marvel 1603 #1 (November 2003)

But even before the new king arrived in London he set about making a mark on his new country. For example, as he travelled south he named knights along the route to London, and in one instance extra-judicially executed an alleged thief who had been hounding the royal procession along the route. This was disconcerting for many in the English political and legal establishment, but the example of Sir Walter Raleigh, a one time favourite of Queen Elizabeth and someone who Sir Nick Fury appears to be a surrogate for in Marvel 1602, quickly convinced them to keep their mouths shut. The most serious crime alleged against Sir Walter was treason. 

Sir Nick and Queen Elizabeth I in Marvel 1602 #3 (January 2004)

Raleigh’s trial saw the prosecution use hearsay evidence and judges who were plainly on the side of the Crown. The case itself was led by Attorney-General of England Sir Edward Coke, but uncharacteristic to Coke's stellar judicial work years later, the trial involved procedural irregularities that would only be found in the most backward and rule-of-law deprived states of today. The treason alleged in this case involved Sir Walter's supposed involvement to replace the Scottish king with his cousin Lady Arbella Stuart. The word treason comes from the Latin trāditiōn or trāditiō meaning "a handing over or betrayal" and is an ancient crime involving disloyalty to the monarch and state. In the common law world it was first codified by the English parliament in the Treason Act 1351 with the law distinguishing between two forms of the crime: High Treason, which involved various forms of disloyalty to the Sovereign and Petty Treason (which will not be discussed beyond this point) which involved disloyally towards a Lord, employer, etc. The biggest difference between the two was that High Treason meant a death sentence with hanging, drawing and quartering for a man or the burning at the stake for a woman. 

Crimes against the king were considered as equal as a crime against the state in early modern Britain. The essence of that still survives in the treason laws of today. Image from Marvel 1603 #5 (March 2004).

The Treason Act of 1351 enumerated treason as working towards the death of the sovereign or members of the sovereign's immediate family; levying war against the sovereign in the realm; joining with the sovereign's enemies or giving them aid and comfort; and killing senior public servants or justices. Perhaps the most striking pillar of early High Treason was that it was also illegal to have sexual relations with the sovereign’s immediate family, thereby contaminating the royal bloodline. One hundred and seventy odd years later, the framers of the United States constitution -- undoubtedly cognizant of their revolutionary origins -- mentioned treason by name in Section 3 of Article 3 of that document, the only crime given that honour. Naturally, the founders of the young republic omitted the bit about having sex with the president's family. It read: 

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted. 

Currently, treason can be found in Section 80.1 of the Criminal Code Act 1995 in Australia, Section 46 of the Criminal Code of Canada, and in the Treason Felony Act 1848 of United Kingdom. In all of these constitutional monarchies one of the key themes of the crime is that it's against the Queen and country and manifested in some type of revolutionary activity. This is what differentiates treason from crimes such as murder which while running counter to laws passed in the name of the monarch and prosecuted in her name (as in Regina v Smith) it is never-the-less not against her per se and therefore not treason.    

Behold the Traitors' Gate of the infamous Tower of London on the River Thames! Originally built as a palace for the Norman kings, it eventually became the a prison for the monarch's enemies.

And in modern democracies where people are free to vote against their government; protest the wars in which their countries participate, or even argue that the President of the United States is ineligible to hold his office, creates a situation where treason cases are exceedingly rare. The last treason trial in the United Kingdom was in 1946 and the last Canadian treason trial was in 1947; both of which had to do with activities in the Second World War. However, in the United States, treason has made a come-back with the Department of Justice recently issuing an indictment for one Adam Gadahn, an alleged American-born Al-Qaeda operative. He is currently at large, so we will have to wait to see what happens at any trial, but it will never-the-less be interesting.  

Addendum to the Previous Post on the Uncanny X-Men, Alpha Flight & Criminal Code of Canada

It's not very often that one can write a blog entry and only weeks later enjoy a conversation with one of the creators you wrote about. But this happened for me yesterday when I had a delightful conversation (and got a few autographs too) with legendary comics creator Chris Claremont at a comic shop here in Toronto.

Some of the autographed comics from Sunday's signing with Chris Claremont. 

I can’t tell you what a thrill it was to finally meet Mr. Claremont. I've been a fan for as long as I've been reading comics (1986?) and found him to be every bit as friendly as I could have hoped. In chatting I mentioned my previous blog entry about Section 16 of the Criminal Code of Canada and we had a nice discussion about it. He mentioned that the point of the story was not to imply that Georges Baptiste would be punished automatically. Rather, that it was to explain that the Canadian justice system would have to go to work and ensure Mr. Baptiste was treated fairly and received the help, punishment or a combination of both that justice required. This is exactly what Section 16 and the mental disorder defence is about.  

Anyways, it was a fantastic little Sunday vingette and I encourage anyone who has an opportunity to meet Chris Claremont to get out and do so. I'm sure he'll be as appreciative of the encounter has you'll be.

Alpha Flight, X-Men and Secton 16 of the Criminal Code of Canada

I was reading the Uncanny X-Men: Days of Future Past trade paperback by Chris Claremont and John Byrne recently. Alpha Flight fans may remember that the arch immediately prior to Days of Future Past (and featured in its trade) is an Wendigo-focused story that happens in northern Canada and has the X-Men and Alpha Flight working together, something that had been a rarity up until that point. One of the later panels of Uncanny X-Men #141 particularly caught my attention. Have a look: 

Wendigo reverts to Georges Baptiste and is promply arrested in Uncanny X-Men #140 (December 1980).

Later, Guardian explains what will happen to Mr. Baptiste after his arrest. Also from Uncanny X-Men #140 (December 1980).

Alpha Flight has always been somewhat of an anomaly in comics because its an early state-sponsored superhero group. Of course, we saw groups like this in Golden Age WWII comics; the aftermath of Marvel's Civil War event in late 2000s; and even the U.S. government employed Superman in Frank Miller’s Dark Knight Returns in 1986. But from their very beginnings Alpha Flight has always seemed to be working on behalf of the Canadian government in peacetime. Which is what brought these “super-mounties” into contact with the X-Men and Wendigo in the first place. 

But what exactly would happen “under Canadian law” in this instance? Could Mr. Baptiste be held responsible for any crimes while possessed by the spirit of the Wendigo? And what defences could his lawyers use so the courts "aren't too hard on him" as Guardian suggests? In this short piece I'm going to examine Section 16 of the Criminal Code of Canada and how Mr. Baptiste might use the defence of a mental disorder to prove to the court that he should not be found criminally responsible for his actions.

Defences

Simply put, defences are the means by which defence lawyers prove to the “trier of fact” (which in most cases is a jury in Canada, but at times can also be a judge) that the Accused should not be found guilty of the alleged crime. Serious crimes in Canada must have both a Mens Rea (a guilty mind) and an Actus Reus (a corresponding guilty act). This is very important because it's against natural justice, the Canadian Charter of Rights and Freedoms and even common sense to seriously punish someone who didn't have a guilty mind when they committed a crime.

In Canada, our bedrock document relating to criminal law is the Criminal Code of Canada. This massive tome, while not containing all Canadian criminal law, contains the vast majority of it. First created in the 1892 in an effort to put into statute or "codify" the criminal law of Canada, the text has been amended over the years as Canada's changed. The Code not only contains offences that a person can be charged with, but also defences that can be used by the Accused to prove they are not guilty or criminally responsible. These range from age capacity (Section 13) to the defence of property (Section 40). For the purposes of today's discussion, the defence that applies to the events of Uncanny X-Men #139 and #140 is the mental disorder defence, which is Section 16.  

The "Super-Mounties" of the Marvel universe. Here's Alpha Flight from X-Men and Alpha Flight Vol. 2 #2 (June 1998)

Section 16

Taken directly from the Criminal Code, Canada's mental disorder (we do not say "Insanity") defence is:  

No person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of: 1) appreciating the nature and quality of the act or omission or; 2) of knowing that it was wrong.   

Like much of Canadian law, this section of the Criminal Code reaches back to English criminal law, specifically the judgment of M'Naghten's Case of 1843. In M'Naghten, the accused, a Mr. Daniel M'Naghten (pronounced, and sometimes spelled, McNaughtan or McNaughton), attempted to kill British Prime Minister Robert Peel. He was unsuccessful, but in the melee ended up killing one of the prime minister's aides. The resulting trial eventually found its way to the House of Lords, then the court of last resort in the United Kingdom, where the judgment reflected the longstanding idea that mental illness should not be met with retribution, but with mercy.   

Of course, the press and many elected officials vociferously denounced the verdict, something that happened when John Hinkley, Jr. successfully used the defence after his failed assassination attempt on Ronald Reagan almost 140 years later. Congress and a number of states took immediate action to ban the so-called "insanity defence" outright, but the M'Naghten defence still remains on the books in a number of US jurisdictions, just as it is used in Canada and in England and Wales.  

Guardian getting it done in X-Men and Alpha Flight Vol. 2 #2 (June 1998)

Which takes us to the case at hand. In defending Mr. Baptiste, I would say counsel's best move is a Section 16 defence, something Guardian even alludes to. Of course, because the curse of the Wendigo is enacted by the consumption of human flesh, we would have to prove that Mr. Baptiste did not consume the flesh with the intent of becoming a monster, but only out of a desire to survive in the wilderness. This is because we would not want to use the analogous logic of someone using "liquid courage" to commit a crime and then claiming intoxication as a defence. But if Mr. Baptiste didn't understand that his actions would lead to him becoming Wendigo and this subsequent magical mental illness made him loose control of his actions (thereby negating any Mens Rea) I think a Section 16 defence would work. 

It is important to understand that what constitutes a "mental disorder" is a question of law and therefore left to the judge to decide. So while cases involving Section 16 inevitably involve psychiatric experts testifying under oath (and there are provisions to prevent an endless "battle of the experts"), ultimately the judge will decide if there is a disease of the mind in play. She or he will then instruct the trier of fact (jury) to answer: 1) at the relevant time of the crime the accused was incapable of appreciating the nature and quality of his/her action, and if so; 2) he or she did not know that it was wrong. 

And as in all Canadian criminal law, there is case law to guide a Section 16 defence, such as what "appriciate" actually means or how Section 16 relates to specific illnesses, but that is beyond the scope of our piece today. Hopefully however you're leaving here with a better understanding of Canadian criminal law, The Criminal Code of Canada and the Claremont/Byrne run on Uncanny X-Men. Using Section 16 with regard to a magical possession seems a little bit of a stretch, but that's the fun of comics and may even have even been on Guardian's mind he says Mr. Baptiste's actions were those of an "insane man". Thanks again for stopping by and I hope you're having a great September.

WGTB Reviews Two Books on Superman

With Superman having turned 75 this year, it's a truism to say he is one of the most enduring fictional characters in pop-culture. But where did he come from and how has he changed over the decades? If you’ve ever asked yourself this question or just want to brush up on the Man of Steel’s history, then you’re in luck: in recent months two great books released that will help you get to know Superman better. 

 

Superboys: The Amazing Adventures of Jerry Siegel and Joe Shuster -- the Creators of Superman, Brad Ricca, St. Martin's Press, 2013, pp. 448, $33.99

The first we'll look at today is Superboys: The Amazing Adventures of Jerry Siegel and Joe Shuster -- The Creators of Superman written by Brad Ricca. Superboys is an updated creator-focused account of Superman's origins and the personal highs and lows, two of the most famous men in comics experienced while creating their iconic character.

Ricca, educated at Case Western Reserve University and Cleveland-born himself, makes the Ohio roots and the personal and professional lives of Jerry and Joe the focus of his work. Examining early accounts of the Seigel and Shuster history, the book takes us all the way back to the Netherlands, Russia and Canada before we finally arrive at Glenville High School in Ohio, where the two met and became close friends and collaborators. The book also focuses on the early science-fiction fanzines of Joe, the famous Reign of the Superman story, and the sale of the rights of Superman to National Publications. Along the way the book explores the minds and personalities of the creators with special focus on how these two teenagers longed for something better and eventually found this in Superman, only to have it torn away by a bad deal.

The research of this book is extensive and it's especially good when dealing with the legal aspects of the early Superman story. Siegel and Shuster were paid very little ($130) for use of the character and Ricca does a fantastic job at detailing what exactly happened after they made their ‘work for hire’ deal. Because the book was published in 2013, the author was also able to draw, not just upon the widely known episodes of the early years of Superman, but the latest legal proceedings, the likes of which only recently wrapped up in the Ninth Circuit Court of Appeals. Reading dialogue taken almost directly from depositions is always interesting, and certainly fits the comprehensive nature of Superboys. Much of the story of Siegel and Shuster has been told before, but if you’re looking for an up-to-date version par excellence, you will enjoy this well written and comprehensive volume. 4.5/5 STARS.

Next we turn to Superman: the Unauthorized Biography by Glen Weldon. This book is a great place for anyone who wants to know the history of the Superman character as he appeared in the various mediums that have told his story. Weldon, a freelance writer who makes regular appearances on National Public Radio in the U.S., hasn't written an "origin story" per se and barely touches on the Siegel and Shuster aspect of Superman. Rather, he surveys how Superman has evolved over the course of his distinguished career in comics and other media. 

Superman: The Unauthorized Biography, Glen Weldon, Wiley, 2013, pp. 353, $27.45

Beginning with the Golden Age character -- who at times seemed more like a self-righteous bully than the superhero we know today -- Unauthorized tells us how Superman has evolved, how his powers changed, and even mentions some of the other stranger powers that have fallen on the wayside.

Whedon also goes through the early comic stories issue by issue, drawing on examples from the early comics to demonstrate how as the Golden Age gave way to the Silver, Bronze and Modern ages, Superman has evolved and changed with American society. We learn of the earliest and lasting villains; the Mad Men-esque conflicts with Lois Lane of the 50s and 60s; and the gimmicks, reboots and costume changes of later years that have all intended to sell more comics. 

Slogging through Golden and Silver Age comics (not to mention Superman IV: The Quest for Peace) is a challenge for even the most die-hard fan, and having done this Weldon proves his mantle as both fan and expert on the topic of Superman. Writing with a humour, style and detailed understanding of the subject matter, this book is without a doubt a great start for anyone who wants to get caught up on Superman and learn how the character has evolved over the years. The latter chapters – from the 1980s onward – are especially good at offering trade paperback suggestions for those lapsed fans looking to get caught up. As such, this book earns a 4/5 STARS. 

In the early part of his book, Glen Weldon boils down Superman's fundamental attributes to: 1) he always puts the needs of others ahead of himself; and, 2) he never gives up. Both of the above books, while focusing on different aspects of the Superman character, demonstrate that these common threads are what make him such an enduring and enjoyable character. Superman is and will remain one of the greatest superheroes, but his past remains just as interesting and worth knowing if you're willing to take the time. Thanks for stopping by and enjoy the rest of your summer. 

Fan Expo Canada 2013

I know its been a while since I've written on WGTB, but in my experience summer is prone to either a deluge of blog writing or very little. So to make up for the recent drought, I have a bunch of articles coming soon. But in the meanwhile, here are some choice photographs from Fan Expo Canada 2013 (August 22-25). Unfortunately, I was only able to attend the Friday of the four day show, but these pics should give you a sense of how Canada's largest fan and comics convention fared. It was pretty good, and certainly biggest and busiest I've seen yet.   

As usual, the Whovians and Deleks are out in force! 

As were the Trekkies as this convention featured some prominent Star Trek cast members. Here's the legendary George Takai signing autographs.

This year's Fan Expo was the first to use both halls of the Metro Toronto Convention Centre. Early attendance figures put it at over 100,000 people.

Sons of Anarchy was featured prominently this year and anecdotal t-shirt evidence says the fanbase is growing. Here's a SOA-themed Harley-Davidson.

Dark Horse brought a booth. Unfortunately DC and Marvel did not.

And Marvel heard about this perceived slight at the Marvel: Infinity panel. Left to right: An unidentified fan, Marvel SVP, Publishing Tom Brevoort, editor Ellie Pyle and creators Stuart & Kathryn Immonen. Highlights of this panel included: 

1) Re: the Ultimate universe: We must continue to expect the unexpected. But there is no confirmed information about Hunger and any Ultimate characters coming over to Earth-616.

2) Brian Michael Bendis is heavily involved in the upcoming X-Men: Battle of the Atom crossover, so we can expect something tying that arch to the recently completed Age of Ultron.

3) There may be more New Universe characters coming to Earth-616. This shouldn't surprise anyone after Jonathan Hickman's use of Star Brand in Avengers. 

Friday also featured a great panel with Walt and Louise Simonson. Seen here are an unknown tech-guy and host (left), Walt (middle) and Louise (right). It was fun hearing about the creation of Beta Ray Bill, Walt's upcoming creator-owned work with IDW, writing the Star Wars comics of the early 80s and why he changed Warren Worthington III in X-Factor. Louise offered some great stories about working with Walt and how the DC editorial team came up with the idea to kill Superman in the early 1990s.  

After the Simonson panel, there was another with the always engaging Neil Adams. Here, Adams spilled the beans about the Silver Age with stores about the Comics Code, the famous Green Lantern/Green Arrow issue involving a drug-using Speedy, and how he didn't get to finish The Kree/Skull War to his satisfaction.

Avatar Comics had a great display booth.

The Toronto Lego Users Group had a presence with a Death Star trench display and...

...a Lego Serenity from Firefly. I asked if any glue was involved and the host (left) said no.  

The Batmobile circa 1989. Looks like a homebuilt, but it's still very cool. 

80s icon KITT from Knight Rider.  

The cockpit of KITT. How would one do a U-turn in that thing?  

George Takei talks about working on the set of Star Trek, past convention practical jokes, his use of social media and a musical he co-wrote called Allegiance. It's about the experience of Japanese-Americans during the Second World War. He's such an engaging speaker!

While fellow Star Trek alum Nichelle Nichols spoke about her family history, her father's early support and encouragement and being one of the first  African-American women on network television.

And finally Ian McDiarmid a.k.a. the Emperor from the Star Wars universe spoke about his casting break as the Emperor in 1982, working on the subsequent trilogy as Palpatine and what it's like being a pop culture icon. The Scotsman was great and he even did that evil voice!

All in all it was a great day spent, and another successful FanExpo Canada. 

Interested in Canadian comics? Check out Lost Heroes: the Untold Story of Canadian Superheroes

Regular readers of this blog will know that I'm Canadian and proud of it! In fact, using Wolverine, Alpha Flight or even Canadian-born Joe Shuster to talk about all aspects of my country is a true joy of mine.  

Did you know that the Canadian equivalent to the Eisners are called the Shusters? Here's the 2007 logo -- all credit to the Joe Shuster Awards.

But the history of comics in Canada is so much more than Logan or Joe Shuster's birth city. Indeed, Canada has had some great comic titles and some truly interesting and inspiring comic book characters. 

Which is why I'd like to bring to your attention Lost Heroes: The Untold Story of Canadian Superheros, a feature-length documentary currently in post-production. Scheduled to air on Super Channel in late 2013, Lost Heroes looks at all those Canadians who have dawned a cape, cowl or helmet through the course of comics. It promises to be a real treat for anyone interested in the history our medium and I encourage everyone interested to keep an eye out for it. I have a friend currently working as a Researcher on the project and she promises me it will be amazing.

Y: The Last Man, 10 Downing Street, & Australian (and Canadian) Constitutional Law

First off, let me say that I love Y: The Last Man by Brian K. Vaughan. This entire 60 issue series is fantastic and I have never torn through trade paperbacks as quickly has I have these. If you have a friend who wants to try comics but isn't interested in Batman or Spider-Man, et al then I highly recommend Y. It’s a thought-provoking story with compelling characters and accessible and enjoyable art. 

Cover of Vertigo Comic's Y: The Last Man #1 (September 2002) Written by Brian K. Vaughan, pencils by Pia Guerra & inks by Jose Marzan, Jr. 

I also have a love of Constitutional history and being from Canada -- a country with a similar constitutional history as Australia -- I was struck by a page in issue 38 as I re-read one of my favourite parts of the series. The scene depicts an Australian government agent explaining to an American doctor how her country is being run after all the men were wiped out by mysterious plague. Take a look:
 

From Vertigo Comic's Y: The Last Man #38 (December 2005) Written by Brian K. Vaughan, pencils by art by Pia Guerra & Goran Zudzuka, inks by Jose Marzan, Jr.

From Vertigo Comic's Y: The Last Man #38 (December 2005)

In the timeline of Y, “10 Downing Street” – a metonym for the British government – is controlling Australia because Queen Elizabeth was forced to appoint her own Governor-General of Australia when no women were able to take the position. It's certainly an interesting situation, but is it plausible either legally or politically? To begin to answer this question we will first look at some constitutional history of the former British Empire and from there apply the existing law to the situation above. 

Let's begin with a survey of the history of the largely English speaking countries that are often very friendly with the United States and have Queen Elizabeth II as their Head of State, but are not the United Kingdom. These countries include a number of Caribbean nations as well as larger countries such as Australia and Canada. Australia and Canada until the post-war period were settled in large part by people from Great Britain and Ireland. Of course, they were never completely homogeneous (Canada had a signficant French-speaking population for example) and both are currently multicultural and pluralistic societies. But what they did have were largely British-styled political and legal institutions.

And these is a key point. Gradually as Australia and Canada built their legal and political institutions they were modelled after what they knew in Great Britain. However, as these societies started to expand across their continental land-masses (often to the consternation of the aboriginal populations living there: but that's for another blog entry) their political and legal institutions began to experience new demands. So it was towards the end of the nineteenth century that the various disparate colonies of Australia and Canada started to consider merging into federal states. It first happened in North America when the four colonies of British North America merged to become the self-governing Dominion of Canada in 1867. Then, in 1901, the same happened in Australia, with six colonies there forming a federation called the Commonwealth of Australia. 

Changing from colonies to "provinces" (Canada) or "states” (Australia) meant that the former colonies kept their own elected legislatures while at the same time having laws passed by a new federal parliament as well; similarly to what happened with the 13 colonies of North America in 1776. But unlike the USA, which cut all ties to Great Britain, Canadians and Australians were responsible for most things but not everything: the British still maintained a measure of control over imperial matters, especially as they related to defence. This is why when King George V declared war in 1914 on behalf of the British Empire he did so with Canada and Australia automatically in tow.

The flag of the State of New York. Notice the crown at the feet of Liberty on your left. This symbolizes the break the American Revolution made between the Crown and the 13 colonies. Canada and Australia did not have a similar cut of sovereignty until 1982 and 1986 respectively.   

But as wars are prone to do, the Great War changed things significantly. Both Canada and Australia made important and distinctive contributions – Canadians at Vimy Ridge and Australians (and New Zealanders) at Gallipoli – and rightfully took their places at the table when sorting things out at Versailles in 1919. This, in turn, led to an increased desire for autonomy and was eventually realised when the Statute of Westminster 1931 was passed by the British parliament. It declared in law, what was already a de facto truth: Canada and Australia were equals to the United Kingdom.

But is often the case with law, things were not that simple. Because the Westminster parliament was sovereign the Australian and Canadian parliaments were still creations of that body, even the Statute did not break the legal connection when they were adapted by Canada and Australia. Simply put, if Britain wanted to repeal the Statute of Westminster, and have Canada and Australia join them again as subservient colonies, it was legally possible because of the doctrine of the Sovereignty of Parliament. Practically impossible, yes, but still legally so.  

Pierre Trudeau, the Prime Minister of Canada talks with Guardian in Marvel's Uncanny X-Men #110 (March 1977). Art by John Byrne. It is actually an accurate depiction of what Trudeau looked like.

Trudeau was the driving force behind the patriation of the Canadian constitution. Art again from Uncanny X-Men #110 (March 1977)

Which brings us to the 1980s and the wave of patriation efforts that followed, starting in Canada with Prime Minister Pierre Trudeau. This former legal scholar wanted to bring home the constitution and sever all remaining legal ties to the British parliament. After substantial negotiations with provincial political leaders, this happened in 1982 with the passing of the Canada Act 1982 (UK) in London and the Constitution Act, 1982 in Ottawa. This was soon followed with the similar Australia Act 1986 (UK), and Australia's own Australia Act 1986. These four pieces of legislation changed the nature of the legal relationships between Canada and Australia and cut all sovereign ties with the former mother country's parliament. So while both countries kept Queen Elizabeth II as their head of state, she became the Queen of Canada and Queen of Australia respectively. Which takes us back to our original question. Could the Queen or British Prime Minister step in to govern Australia if there were no woman in Australia capable of doing so?

Personally, I would say this is both politically and legally impossible. While, I'm not overly familiar with Australian political affairs, I’m sure there are many well qualified women who would step in and run the federation if there were no men left alive. Moreover, although she was recently removed by a vote of her own party, a woman named Julia Gillard was prime minister from 2010 to 2013. Further to that, the current Governor-General of Australia (the Queen's representative) is also a woman. And while this position is ostensibly appointed by the Queen, by constitutional convention it is actually the prime minister who makes the pick. Because of this, it would be highly irregular for the Queen to appoint "her own Governor-General" after decades of deferring to her prime ministers. Because of this convention, even the most junior female minister of state in the government of Australia has a more practical right to choose a Govenor-General than the Queen. 

Also, the republican movement which has been much more active in Australia than in Canada (a 1999 referendum to replace the Queen was lost by a 54.8 to 45.2 margin) would  take umbrage with the legally impossible notion that the British could step in and make policy decisions on behalf of the Australian government.  

So there you have it. I don't think the scenario presented by Brian K. Vaughan could really happen. But it was fun thinking about it, and as I hope you enjoyed learning a little bit about British, Australian and Canadian constitutional law in the process. Of course, this slightly inaccurate seven panel exchange does not take anything from what is an amazing 60 issue story and I encourage any comic reader to check out Y: The Last Man. Thanks again for stopping by WGTB and have a great day.