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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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Monday, May 16, 2011

"overseen by a new Treasury Board president " -the buck stops WHERE?

Executive Summary
If the government is not following the constitution .... what rules ARE they playing by?
 
Dear Mr I. & Editors, 
 
Within your Sunday 15th piece, Four challenges that could keep Harper up at night, I spotted a reference to my "favourite" topic - the anti-constitutional usurpation of the Executive Power's (1867, ss9-16) Privy Council (s.11) by the Legislative Power (ss.16-57).
 
"That will mean significant cuts ..., overseen by a new Treasury Board president ... in cabinet."
 
Further to the point you raise --
 
How can any Privy Council Treasury Board President "oversee" the Finance Dept:
 
a) when all are under the control of the same iron-fisted Rt Hon PM;
b) the individual holding the constitutionally "lesser" position has more political-oomph than the "greater one";
c) no one in cabinet, the Executive, the Legislative, the Judicial or the 4th column (never mind the blindly-trusting, benignly-neglectful public) seems to know (or care) that the government of Canada is not following the as-written BNA/Constitution Acts?
 
Indeed, how can any officer of the Privy Council, give any independent advice to the Governor General when the day-to-day Privy Council (vis a vis the complete Council), is wholly populated by members of the same cabinet-government-of-the-day that the Privy Council was intended to "check & balance"?
 
My essential point:
 
--If the government is not following the as-written text of the Constitution, what authority (beyond force & of course public nescience) do they have to act?
 
The quintessential point:
 
- If the government is not following the constitution .... what rules ARE they playing by?
 
 
Reverse aspect on same point:
 
--Did not Mr Harper ask some "Privy Council Office" administrator to fall on his/her sword as the patsy for the security clearance screw-up regarding Mr Bruce Carson?
--when in fact, due to PC 1940-1121 Mr Harper controls the Privy Council?
 
and despite the fact it was mid-election time, when any RT Hon PM is at his/her least powerful ......no press, no pundit, no Justice official pressed Mr Harper on the question of the buck stops here responsibility!
 
 
AGAIN ...
If the government is not following the constitution .... what rules ARE they playing by?
 
I attach the Order in Council (ed note; see pdf at bottom of linked page) that allowed this 'bloodless coup' by the Rt Hon Wm L M King that was accomplished in the brief period between the death of Lord Tweedsmuir & arrival of Lord Athlone in 1940 under cover of wartime expediency -please read the temporary & emergency nature of the "need" to merge the workload.
 
This Order in Council, P.C.1940-1121, prepared, recommended by Mr King and approved by Mr King & his Council on March 25, 1940 (effective March 23, 1940) was step 1 in Mr King's revenge for Lord Byng's refusal of a dissolution in 1926, (step 2 was the successful lobbying to switch to the appointment by the Monarch of a "Canadian" of the Cdn PM's choice as GovGen rather than the recommendation of the UK PM).
 
and again.... If the government is not following the constitution .... what rules ARE they playing by?
 
Recommendation
 
As citizen of Canada and as subject of the Canadian Crown in Right, I invite you to join me in an urgent recommendation that we immediately revert back to the as-written provisions of our foundational documents before any more excesses of power come to pass.
 
 

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