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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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Sunday, April 17, 2011

Governace Evolution- another format -- email me for ONE page Word.doc

Origins and Evolution of Canada's Constitutional-Monarchy
 - "Similar in Principle" means our system IS NOT "exactly the same" as the United Kingdom
 -  Sovereignty/Power Flows "Top Down" in Canada, NOT from "Bottom Up"
* Follow progression by dates
UNITED KINGDOM   COLONIAL - Upper & Lower CanadaCANADA 1867CANADA 1982
* since Glorious Revolution -1688Constitutional Act of 1791BNA/Constitution Act 1867Constitution Act 1982
& Bill of Rights 1689"Responsible Government"EXECUTIVE POWEREXECUTIVE POWER
 * no "written" Constitution
Monarch "in Council"Monarch "in Council"Monarch "in Council"Monarch-not obliged to Council
* Monarch MUST accept advice*can disallow Bills within 2yrs* can disallow Bills w/in 2yrs s.57* U.K.'s Canada Act 1982 removes
of Privy Council - NB. in exchange,*communication only by ship Lords & House from Cdn law
 Minister/Ministry must resign ifGovernor General s.12 & s.55* Disallowance w/in 2yr untouched
 Advice was 'bad' / needs reversing* acts with or without Advice* BNA Act becomes "Constitution"
Rebellions of 1837-38*can Withhold Assent or Reserve Bills wholly amendable here (see below)
Privy Council*taxes pre-announced Throne Speech
a.k.a.  U.K.Cabinet* Upper & Lower CanadiansGov Gen "in Council" s.13Charter
rebel against arbitrary acts* ONLY "by & with" Advice* conditions and limits on existing
House of Lordsof Governor, Chateau Cliquecommon-law rights added s.1, s.33
Appointed & Family CompactQueen's Privy Council of Canada*pre-existing rights became subject
House of Commons* Appointed for Life to Court interpretation & Prov/Prov. 
ElectedLord Durham's Report on* Independent advisors to GGdeclaration(s) of exception(s)
* Member with "support of House"Cdn. situation -"Two nations * could / should include top Cabinet* adds array of grounds for claims
asked by Monarch to "Form awarring in the bosom of a Ministers as ex officio membersof "group" discrimination and 
gov't " - i.e. assemble a Cabinetsingle state" -results in theexempts laws/programs designed
to run day-to-day affairsLEGISLATIVE POWERfor "amelioration of conditions of 
* Support of House is "source" of Act of Union 1840One Parliament s.17 (3 parts)disadvantaged individuals or groups"
Prime Minister's authority.* An experiment to 1) Monarch (rep'd. by GG)
assimilate/eliminate the2) Upper House, 'styled' SenateAmending Formulae
French& Catholic rights* Appointed for Life (now till age 75)* Array of math. and pop. ratios
ROYAL PROCLAMATION of 1763granted in Quebec Act 1774* Min. property ownership &net-worthest. to obtain Provincial Consent
* after War with France, Britain* Upper&Lower Cda. mergedQualifications & Disqualifications*100%consent items=unamendable
obtains Quebec, E.& W. Florida & into Canada East & West** $4,000 never adjusted for Inflation!!!* Bi-lateral amndmnts permit 1 prov.
Grenada as spoils of War* Complex double majorities*GG can add 4or8 Sen.(as tie-breaker)and Confed gov't to change items 
* Proclaims British Sovereigntyand dual capitals.3) Lower House - Commonsaffecting only that 1 province.
* Watershed Boundaries estblshd** Experiment fails"Democratic Element" - Part 1
~ lands drained by rivers & lakes* Legislative impasse in Can.* Individually Elected in Local N
flowing into St Lawrence RiverEast & West + threat of warConstituency ballot by citizensO
(s/to 13 Colonies & Labrdr bndries)from USA after Civil War* Member with "support of House"
* Lands draining into Hudson's Bayleads to 4 colony/provinceasked by GG to "Form a gov't" ieO
already licensed-Hudson's Bay Coconfederation in 1867assemble a Cabinet to run affairsT
* Lands beyond bndry "reserved"* Support of House is "source" of H
for "Nations or Tribes of Indians"Prime Ministers authority.E
"as their Hunting Grounds."R
* Prescribes exact process toColonial British N. AmericaPROVINCIAL
acquire title on behalf of CrownEXECUTIVE POWEREXECUTIVE POWERC
Gov Gen in Council s.13H
QUEBEC ACT 1774* ONLY "by & with" Advice Privy CncilA
* "Act for more effectual Provision* can disallow Prov Bill w/in 1yr s.90N
for the Government of … Quebec" G
* Approves French Language useGovernor/Lt GovernorLt Governor s.65E
* Removes penalties against* decisions subj. to Disallowanceappointed by Governor GeneralS
"persons professing the Religion * Assent "by&with" Advice and  * acts with or without Advice s.65
of the Church of Rome"Consent of Legis.C'ncil&Assembly* can refuse Assent or Reserve BillsT
* Re-instates Fr.Civil Code/Justice* Taxes pre-announced in SpeechLt Gov in Council s.66O
* Br. Criminal Law remains in forcefrom the Throne* ONLY "by & with" Advice
* Extends Boundary of Quebec toS
northern shore of Ohio RiverExecutive CouncilExecutive Council (Ont Que)T
Appointed by Governorspecific Mnstr's ex officio membersR
REACTION to Quebec ActNova Scotia & New BrunswickU
Declaration of Independence -1776carried on as before ConfederationC
* One of their "grievances" reads:T
"For abolishing the free system LEGISLATIVE POWERLEGISLATIVE POWERU
of English laws in a neighbouring Legislative CouncilLegislative Council (now disbanded)R
province [Quebec], establishing Appointed by GovernorAppointedE
therein an arbitrary government, 
and enlarging its boundaries, Legislative AssemblyLegislative AssemblyO
so as to render it at once an * Individually elected in Local "Democratic Element" - Part 2F
example and fit instrument for Constituency ballot by property* Individually elected in Local 
introducing the same absolute  owners & qualified ($) ratepayersConstituency ballottingG
rule into these colonies."* Member with "support of House"* Member with "support of House"O
asked by Lt.G to "Form a gov't" ieasked by Lt.G to "Form a gov't" ieV.
PLUS - Article # 11 of 1777assemble a Cabinet to run affairsassemble a Cabinet to run affairs
U.S. "Articles of Confederation"* Support of House is "source" of *Support of House is "source" of M
IX. "Canada acceding to this Prime Minister/Premier's authority.Prime Minister/Premier's authority.O
confederation, and adjoining in theD
 measures of the U.S., shall be E
 admitted into, and entitled to all L
 the advantages of this Union;"

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