Walk a Kb or Two in my Moccasins- Nobody 'splained it to me like that!

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"

Wednesday, March 17, 2010

Executive Decisions and the House of Commons

The Daily Digest and many Canadians are casting around for answers to why everything about politics and governance is so screwed up ---- Just like Carol/Jean Canuck were in 1992 when they said (on the precurser to YouTube ... a text only bulletin board):

"I know something is wrong with our government systems .... but I just can't put my finger on what it is!

Necessity (of research) is the Mother of epiphany

Sir & Madame,

The Executive Power of Canada is:
The Monarch -Authority from Divine Right & Rules in Place after Glorious Revolution 1668;
The Governor General - Authority from Monarch & Constitution/BNA 1867 + Letter Patent 1947;
The Privy Council (may contain a few Cabinet Members w important department).

The Legislative Power is:
Our One Parliament (s17)
Comprised (in hierarchy):
The Monarch;
The Upper House (must meet residency, net-worth & property ownership standards & take Special,Oath (5th Schedule);
The Lower House.

The Prime Minister gets its authority from the Commons, s/he represents the commonly elected members' will when making recommendations to the GG (only when consent of the Senate is also gained)

The Prime Minister is not supposed to be 'the decider', just one of the inputs (from the elected assembly w consent of the Propertied-class reps in the Senate) to the Executive.

The Privy Council (s11) is the independent advisors to the GG (optionally as above and as in Ontario's stipulated Executive committee)

The Governor General is the Commander in Chief (Letters Patent 1947 superseding s15 BNA 1867) and the final decider save and except for Bills disallowed w/in 2yrs by the Monarch as an individual since the UK's Privy Council, Commons and Lords having excused themselves from Canada in the UK's Canada Act of 1982 - Constitution Act 1982 Schedule 'B' -scroll to End Note 80. Note our "Constitution 1982" was a Sch "B" addendum to that UK bill -- NB Sch 'A' the french version was never completed)

The government of Canada is simply NOT following the as-written BNA/Constitution1867-1982 (as amended).

But don't believe me ... Here's the research (translated & annotated plus original versions) to satisfy your "necessity"

Plain Language Version -
Justice Dept Version


Attached Historical Evolution of Canada Chart .xls

Territorial Evolution Web Link --pls note the 'size' of Canada in 1867

FYI Canada Act 1982

Enacted as Schedule B to the Canada Act 1982, (U.K.) 1982, c. 11, which came into force on April 17, 1982. The Canada Act 1982, other than Schedules A and B thereto, reads as follows:
An Act to give effect to a request by the Senate and House of Commons of Canada
Whereas Canada has requested and consented to the enactment of an Act of the Parliament of the United Kingdom to give effect to the provisions hereinafter set forth and the Senate and the House of Commons of Canada in Parliament assembled have submitted an address to Her Majesty requesting that Her Majesty may graciously be pleased to cause a Bill to be laid before the Parliament of the United Kingdom for that purpose.
Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1. The Constitution Act, 1982 set out in Schedule B to this Act is hereby enacted for and shall have the force of law in Canada and shall come into force as provided in that Act.
2. No Act of the Parliament of the United Kingdom passed after the Constitution Act, 1982 comes into force shall extend to Canada as part of its law.
3. So far as it is not contained in Schedule B, the French version of this Act is set out in Schedule A to this Act and has the same authority in Canada as the English version thereof.
4. This Act may be cited as the Canada Act 1982.

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