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Gene Balfour's avatar

What took you so long? I have written posts about Canadian “democracy” as “political theatre” on My Life Lens (my Substack publication) since 2022. As a candidate in eleven federal and provincial elections, it became evident long ago that elections are held to create the illusion that elected representatives truly represent their constituency- the residents who they chose to do this important work. The fact that a “party whip” serves get all Party MPs (federal) and MPPs (Ontario provincial) to vote for bills in unison has been a well-known feature of “party politics” for decades. Aligned voting for legislation has more to do about maintaining Party power than serving riding constituents who are often disappointed in the actual representation they receive.

Democracy died long ago from a long and chronic illness - party politics. We need serious reform to reduce the size, cost and scope of authority that voters have naively placed in the hands of authority bodies - political parties with “majority” power and deep tentacles into government operations. Special interest groups like labour unions, NGO lobbies, and corporate crony relationships (public-private partnerships) are gaming the traditional purposes of government to serve the interests of their members at the expense of all other taxpayers.

Now that you are awake to the #1 PROBLEM IN CANADA = TOO MUCH GOVERNMENT, keep this ball rolling as a frequent theme in all your future writing.

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Roland Rioux's avatar

Agree with you Gene.

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Vic d'Obrenan's avatar

Canada CANNOT be governed with a Federal government. It must be a Confederation. Too much diversity for a "one size fits all". Must go back to being what the Fathers envisioned in the first place- a Confederation- a loose association of independent states. Alberta will be the first to declare independence to get the ball rolling. In the meantime Canada is a farce. a joke and a laughing stock on the world stage.

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Stephen's avatar

Excellent analysis.

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Randal's avatar

(note: There is nothing in the Canadian constitution that requires a PM or PMO.)

Easy to fix the problem of too much Government. Exercise our sovereignty! The people have had this power since 1931 but are unaware. All levels of Government, the Judiciary, etc. are all illegitimate and have no authority. Canada the country has been a fraud since 1931. Time to get together and show them the door.

Ye Who Owns The Land Makes The Rules

British North America Act 1867**

* BNA 1867 created the Dominion of Canada and established a parliamentary system.

* Dominion means Colony – Interpretation Act 1889.

* Then current Governors to retain title (Article 10).

* Viscount Monck 1st Governor General (was GG of Province of Canada and BNA).

* Privy Council for Canada (PCC) established.

* Governor General (GG) to appoint PCC members.

* GG to act on advice of PCC but can also act alone (Article 12).

* Parliament of Canada allowed to create it’s own Acts.

* Queen Victoria (and successors – Article 2*) declared Head of State (Article 9).

* Queens Representative in Canada and Commander in Chief to be GG.

* GG appointed by Monarch until 1931.

* Seat of ‘Federal’ government established as Ottawa.

* Federal government made up of elected members from the Provinces, and Senators.

* Senators appointed by GG on advice of Privy Council of Canada.

* March 23, 1931 – Last official Letters Patent issued re-affirming GG as Head of State.

*This article was repealed (along with the enactment part of the preamble [the last paragraph] - Statute Law Revision Act 1893) and never subsequently put back in force before the Statute of Westminster was enacted. Thus, after it was repealed the authority over Canada by the Monarchy would have ended with the death of Queen Victoria in 1901. (The BNA Act of 1867 still valid? Was it ever? See below.)

**The Colonies had never wanted to continue to be colonies of Great Britain and had rejected the agreement when presented to them. It appears the John A. MacDonald delegation who represented The Colonies undermined their wishes. Canadian MP Walter Kuhn and others tried to get this remedied but their efforts were undermined by the Government of the day. Later, in 1982 the Pierre Trudeau government performed a sleight of hand to further obfuscate and confuse the history of the land mass known as Canada.

The Crown

What is The Crown? Ask 10 different people, get 10 different answers. It is assumed to be the British Monarchy and is certainly associated with it. There are those who believe it is the Crown Temple in the City of London. It could even represent the Papal Tiara and the Vatican and by extension, the Holy Roman Empire. It may be all of the above.

As far as the Colonies of the U.K. are concerned, Crown Land was land owned and controlled by the British Royals, at first, and later, presumably, by the U.K. Government. The public lands of the Dominions (Dominion is just another word for Colony) of the U.K. were Crown Lands because they were colonies of (and therefore owned by) the U.K. The U.K. gave up ownership of the Colonies and by extension, ownership of the land in 1931. Many of the former Colonies still refer to the public lands as “Crown Land” even though the former Colonies now owned the land. Why? Likely due to ignorance or nefarious reasons, or both. The people of the Provinces collectively own those former Crown lands.

The Statute of Westminster - 1931

The Colonies wanted to be their own nation states. They wanted autonomy. They wanted to be on an equal footing with each other and with their owner, the U.K. With the enactment of the Statute of Westminster in 1931 the U.K. went one better and gave them their Sovereignty.

This Act removed colonial law from the Dominion of Canada* (section 2); the Colonies were no longer Colonies.

Section 11 of the Act made it clear that the Provinces were no longer joined as one Colony (Canada*) and that each Province was no longer a Colony. So, section 11 effectively raised the status of each Province from Colony to Sovereign State. There is no intermediate status between a Colony and a Sovereign State. This also effectively ended the Dominion of Canada*. It has been a land mass known as “Canada” since 1931. Thus, ownership of the land transferred to the people of the Provinces and the Governor General ceased being Head of State. Obviously, the Lieutenant Governors of the Provinces lost their status and power, as well.

Section 7(1), 7(3) of the Act is misleading and can generally be ignored. This is because the Governor General was no longer Head of State and the relationship between the Monarch and U.K. and the Colonies had been severed. The BNA Act of 1867 no longer applied to the Provinces with their new status as Sovereign States. Section 7(2) removed colonial law from each Province.

Politicians at the time carried on as though the Dominion of Canada still existed and that it was still part of the Monarchy. Likely, this was more to do with ignorance, however, since Canada as a country and the Federal Government ceased to exist with the passing of this Act, it makes one wonder. It does seem that many events (e.g. Trudeau and the Constitution Act of 1982, adding section 148 to the BNA Act of 1867 in 1936, Mackenzie King and “Letters Patent” in 1947, etc.) since the passing of this Act were done to obfuscate the situation to maintain business-as-usual. The reality is that since 1931 “Canada” hasn’t legally existed. That, in turn, means the Federal Government has been illegitimate since 1931 along with all levels of Government and their appointments, laws and statutes, enactments, treaties signed, trade deals, associations and memberships, etc. No international body has jurisdiction over the sovereign Provinces and their people. All bonds issued since 1931 by all levels of government are worthless and creditors have no claim to any collateral put forth.

The Provinces need to do what should have been done then, exert their Sovereignty. The people need to implement some temporary measures to keep things running while they consult each other to sort out the mess and decide their respective futures.

This history of Canada and it’s “Constitution” is a mess. Don’t be distracted by the shenanigans that have taken place over time. It really is this simple.

*Note: Canada was an amalgamation of Colonies referred to as a Dominion. It has never been a Confederation. Only Sovereign States can form a Confederation.

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