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Simple answers to Complex Questions and Complex Answers to Simple Questions. In real life, I'm a Greater-Toronto (Canada) Realtor with RE/MAX Hallmark Realty Ltd, Brokerage. I first joined RE/MAX in 1983 and was first Registered to Trade in Real Estate in Ontario in 1974. Formerly known as "Two-Finger Ramblings of a Forensic Acuitant turned Community Synthesizer"

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Tuesday, July 20, 2010

"Corporation Sole"- The Crown in Right of Canada

Corporation Sole

In English law, a corporation sole is a legal entity consisting of a single ('sole') incorporated office, occupied by a single ('sole') man or woman. This allows a corporation (usually a religious corporation) to pass vertically in time from one office holder to the next successor-in-office, giving the position legal continuity with each subsequent office holder having identical powers to his predecessor.

....snip

The Monarch of the Commonwealth realms is a corporation sole – she or he may possess property as monarch which is distinct from the property he or she possesses personally, and may do acts as monarch distinguished from their personal acts. In fact, Elizabeth II has several corporations soleHer Majesty the Queen in Right of the United Kingdom, Her Majesty the Queen in Right of Canada, Her Majesty the Queen in Right of Australia are all distinct corporations sole. Because Australia and Canada have federal systems of government, Elizabeth also has a distinct corporation sole for each of the Australian states and Canadian provinces - for example, Her Majesty the Queen in Right of Queensland and Her Majesty the Queen in Right of Ontario.





Personification of the Canadian state

As the living embodiment of the Crown,[54] the sovereign is regarded as the personification of the Canadian state,[n 11][10][32][66][67][68][69] the body of the reigning sovereign thus holding two distinct personas in constant coexistence: that of a natural-born human being and that of the state as accorded to him or her through law; even in private, the monarch is always "on duty".[70] The state is therefore referred to as Her Majesty The Queen in Right of Canada (French: Sa Majesté la Reine du chef du Canada),[71] or The Crown in Right of Canada and the monarch's legal personality is sometimes referred to simply as Canada.[68][72]


As such, the king or queen of Canada is the employer of all government staff (including the viceroys, judges, members of the Canadian Forces, police officers, and parliamentarians),[n 12] the guardian of foster children (Crown wards), as well as the owner of all state lands (Crown land), buildings and equipment (Crown held property),[74] state owned companies (Crown corporations), and the copyright for all government publications (Crown copyright).[75] This is all in his or her position as sovereign, and not as an individual; all such property is held by the Crown in perpetuity and cannot be sold by the sovereign without the proper advice and consent of his or her ministers.


As the embodiment of the state, the monarch tops the Canadian order of precedence, and is also the locus of oaths of allegiance,[n 13][62][68][77][78] required of many employees of the Crown, as well as by new citizens, as per the Oath of Citizenship laid out in the Citizenship Act. This is done in reciprocation to the sovereign's Coronation Oath,[79] wherein he or she promises "to govern the Peoples of... Canada... according to their respective laws and customs."[80]



Queen in Council

The Queen-in-Council (during the reign of a male monarch, King-in-Council) is, in each of the Commonwealth realms, the technical term of constitutional law that refers to the exercise of executive authority, denoting the monarch acting by and with the advice and consent of his or her privy council (in the United Kingdom or Canada) or executive council (in most other Commonwealth realms); casually, this is referred to as simply the government of [jurisdiction], though this phrase may mean more than one thing in certain areas.


In practice, the Queen-in-Council almost always gives formal effect to decisions made by the Cabinet, a subcommittee of the privy or executive council that includes the senior Ministers of the Crown, and meets often without the Queen or her local representative. An order made by the Queen-in-Council is known as an Order-in-Council, and such actions are subject to judicial review.[1]



Judicial review in Canada

See also: Judicial Review


Until 1982, Canada had parliamentary sovereignty like the United Kingdom, wherein the Supreme Court of Canada could only overturn acts of Parliament if those acts violated the division of powers between the federal and provincial levels of government. With the introduction of the Charter of Rights and Freedoms in 1982, Canadian courts gained the power to overturn primary legislation, a change that would have sweeping effects on both the operation of the Canadian government and on the relationship between the people and the government.



While the Constitution of Canada does have provisions that can allow the government to ignore a judicial ruling, such as the Notwithstanding Clause, such powers are rarely used, and in most cases they are politically very unpopular.




Let's have a Judicial Review of Order in Council P.C. 1940-1121


No one seems to know that only in the Spring of 1940 (in the few months between the GG's Tweedsmuir & Athlone tenures) was the office of Clerk of the Privy Council & the Office of PM's Secretary to the Cabinet) merged by an Order in Council (PC 1940-1121) .

The appointment of Wm L M King's man, Arnold Heeney (King's Diary March 13 1940) -an Order-in-Council-while-the-cat's-away usurpation (Part 1 of King's revenge for Lord Byng's refusal of dissolution - in itself a totally reasonable decision given the Official Opposition Party had more seats that the sitting PM) is at the root of the current dissolution/prorogation 08 & 09/ who's the Head of State in Canada debacle.

Clerk Deserts GG in Time of Greatest Need & nobody knows .... cares or is unsettled

More on Patriation of The Corporation Sole - by Deemed Disposition


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