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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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Thursday, May 19, 2011

Neo-Con? Neo-Reform? Neo-Suckers -- Same anti-legal system, same result.


Executive Summary
...don't blame the Rt Hon Mr Harper, he's just blithely following the anti-legal footsteps in the snow of Messers King, Trudeau, Mulroney & Chretien.
If the government is not following the Constitution .... what rules ARE they following?


Mr Stinson & Editors,

I will be a little bit gentler on dear ol' Firewall Steve, more akin to the approach taken by Mr Corcoran in The government is too big, not the Cabinet - don't damn the sinner, damn the sin!  

The as-written Constitution has been raped and pillaged (right under our noses) and the whole as-written system of checks and balances has become bastardized into non-effect - just read the "in-Council Community's" bafflegab blatherings on Ministerial Responsibility as a sample of self-serving dis-information.
So don't blame the Rt Hon Mr Harper, he's just blithely following the anti-legal footsteps in the snow of Messers King, Trudeau, Mulroney & Chretien. 

Our hugely-overweight governance system is a function of two things - that every "ordinary Canadian" takes as given:

1) the government-in-the-Commons, created by an election, has a mandate to "manage" the Canadian economy, its industries, assets, treasury, its people, its currency, its communications & transportation systems ....in anyway it (an incumbent-seeking-re-election) sees fit;

2) the government-in-the-commons, created by an election, soon becomes as self-serving and arrogrant as "da bums" we just "threw out" for the same bad behaviour.

The quintessential fact that is widely-unknown (or purposely ignored) is that this same government-in-the-commons, created by an election is but the lowest "link" in a hierarchical 4-level, "chain of command" with elegant checks and balances, that is eminently suitable for today's Canada. (NB 3 small non-constitutional changes ARE required see below)


Huh?


Canada now & forever has been a constitutionally-limited Monarchy .... not a democracy - although we have a "democratic element" at the bottom of our foundational "power-sharing agreement".

Every official and elected representative is a "steward" of the Crown, who swears loyalty to the Crown, whose authority flows from the Crown, and who is ONLY accountable to the Crown (except when they need their 'contract' renewed by Jean/Carol Canuck and they pretend otherwise, in the oft-successful game of fooling enough of us to stay on the pension/power trip).

So the real question becomes -in 2011, what/who is the "Crown"?

Surely .... after all the fiddling with the Statute of Westminster of 1931, Letters Patent in 1947, Canadian Citizenship, partial-Patriation in 1982 (see EndNote 80), Charter of conditional-Rights and limits-to-Freedoms ... that the "Crown" has been "re-defined" or "re-formed" or modernized or "something"? .... or is the Crown still "legally" what it was in 1867?

Well, if HRH is the Boss ... why doesn't She stop some of the stupid stuff our trying-to-stay-in-office buffoons do? Why doesn't She exercise the still-existing Disallowance power (ss.56 + 90) that Mr Trudeau was complaining about in his opposition to Charlottetown speeches in 1992?

And if the Governor General is the "delegate/representation" of the Monarch's Canadian "sovereignty" why doesn't s/he Reserve a Bill or two, or Withhold Assent on a particularly odious patronage/payoff program when it's legislated into being?

Mr Trudeau challenged Mr Mulroney to also address this power of Reservation (ss. 55& 57 +90) at the same time!

And if the GG is the "legal" top of the totem pole, why has the GG's institutional-memory of independent advisors (s.11) been stripped from its place in the (superior) Executive Power and been allowed to continue (only since 1940 --see pdf at bottom of link) in the control of the (constitutionally-inferior) Legislative Power's kingpin-of-the day?

Never mind that the Kingpin is wielding all this power with as little as a 50%+1 majority in a House whose 'confidence' s/he controls with a mandate from ~40% of the electorate!

Further, the Upper House, styled "the Senate" is superior to the "Lower" House. It's the only office in Canada with a Property-ownership & Net Worth qualifications/disqualifications ss28+31 AND a special Oath Schedule 5 specifically banning 'collusively or colourably' obtaining those qualifications, but blatant patronage appointments & inflation ($4000 qualification has never been adjusted-for-inflation s/be ~$240-$320,000) have allowed the Plebes'-representatives to paint the Patricians-representatives into a corner via (social)"democratic demagoguery".


Where is this all "written down"? The BNA/Constitution Acts 1867-as amended (annotated Plain Language Version)

Yes, the Constitution --it's NOT about Quebec, it's about you!!

No need to take my word for it --read it!

There, in plain text, you discover "what's gone wrong that you can't quite put your finger on" and with a little poking around, you can discover how "your sovereignty" has been "kidnapped and locked in a tower" by the behind-the-barricades 'dogs of war' who want to keep "your inheritance" for themselves.

If the government is not following the Constitution .... what rules ARE they following?


Oh yes, the 3 small changes .... Rescind Order in Council P.C. 1940-1121, adjust the Senate's $4,000 qualifications for inflation & select our recommendation for GG by at-large election.

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