Patriating the Original BNA Act document?
from National Post & Others
Campaign aims to bring BNA Act back to Canada
Mr Boswell (Canwest) and Editors,
Thanks for promoting the idea of importing the original BNA Document.
Pity, the campaign is doomed to fail.
Why? - simply because if the original document (an ordinary UK piece of Legislation) were to be on display ... people would be inclined to read it and perhaps study what it actually states. (Plain Language Version FYI)
If the BNA Act 1867 was widely studied and understood, that knowledge would "make fools" of just about every Commons/Senate Clerk & Speaker, Clerk of the Privy Council(yes & Secty to Cab), Cabinet Minister/Privy Councillor, Senator, Governor General, Federal & Supreme Court Judge AND every Constitutional lawyer and Law Professor since the Second World War - heavens ... we couldn't allow that!
Grade Six students might start asking about why the as-written de jure description of the Executive & the Legislative powers varies so much from the de facto daily operation of the machinery of government.
High School kids might wonder why the Privy Council (Executive) had become controlled/populated by the Legislative's Prime & otherwise Ministers-of-the-day (instead of being, as intended, the Governor General's independent 'Council of Grandmothers').
University students might discover that the Order in Council P.C.1940-1121 that merged the Privy Council Office with the Prime Minister's Office (by appointing the same individual to head both Offices) is a relatively recent "invention" (odd timing too ... 'twas just after the death of Lord Tweedsmuir (Feb 11/1940) and prior to the appointment (June 2/1940) of Major General The Earl of Athlone as his successor.)
After that all poop-hit-the-propeller, Canadians might start wondering "Why the government isn't following the as-written provisions of our Foundational Law?" "Why don't we enjoy the system of hierarchical checks and balances that were intended to keep any one person from being too powerful?"
Heck, the next election might be about "Who's Dominion is it, anyway?"
Perhaps someone can ask HRH, while She's here.
Your Fellow Crown-subject & Commonwealth Citizen in Canada,
rce
Campaign aims to bring BNA Act back to Canada
Mr Boswell (Canwest) and Editors,
Thanks for promoting the idea of importing the original BNA Document.
Pity, the campaign is doomed to fail.
Why? - simply because if the original document (an ordinary UK piece of Legislation) were to be on display ... people would be inclined to read it and perhaps study what it actually states. (Plain Language Version FYI)
If the BNA Act 1867 was widely studied and understood, that knowledge would "make fools" of just about every Commons/Senate Clerk & Speaker, Clerk of the Privy Council(yes & Secty to Cab), Cabinet Minister/Privy Councillor, Senator, Governor General, Federal & Supreme Court Judge AND every Constitutional lawyer and Law Professor since the Second World War - heavens ... we couldn't allow that!
Grade Six students might start asking about why the as-written de jure description of the Executive & the Legislative powers varies so much from the de facto daily operation of the machinery of government.
High School kids might wonder why the Privy Council (Executive) had become controlled/populated by the Legislative's Prime & otherwise Ministers-of-the-day (instead of being, as intended, the Governor General's independent 'Council of Grandmothers').
University students might discover that the Order in Council P.C.1940-1121 that merged the Privy Council Office with the Prime Minister's Office (by appointing the same individual to head both Offices) is a relatively recent "invention" (odd timing too ... 'twas just after the death of Lord Tweedsmuir (Feb 11/1940) and prior to the appointment (June 2/1940) of Major General The Earl of Athlone as his successor.)
After that all poop-hit-the-propeller, Canadians might start wondering "Why the government isn't following the as-written provisions of our Foundational Law?" "Why don't we enjoy the system of hierarchical checks and balances that were intended to keep any one person from being too powerful?"
Heck, the next election might be about "Who's Dominion is it, anyway?"
Perhaps someone can ask HRH, while She's here.
Your Fellow Crown-subject & Commonwealth Citizen in Canada,
rce
posted by Walk a Kb or Two in my cassins | 11:58 am
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