Parents without children, Children with 3 parents - Canada without a Constitution

Ain't the DD's compilation of news and comment just about the best there is?


Niagara Joe has his pets, peeves and projects like the rest of us, but he often is ahead of the crowd and many times Socratic-ly engages us with questions-for-comment.

In this case, 'our Joe', (just after including Mr. Bob Taubman's excerpt from , "Dixie and the Dominion, Canada, the Confederacy, and the War for the Union", by Adam Mayers. "For Brown [of the Globe and Mail], this states' rights was "a great evil" and so the Canadians should ensure that any "implied" (ed. we call it residual) power rested with the federal government. The Civil War had proved this all too well. In the Canadian model there could never be a civil war, because there would be no basis to secede: the federal government would control the whole nation. ..." ) posed

"Two questions at this point:
(1) what do you believe was the "original deal" (struck in the British North American Act);
(2) what competencies/powers/jurisdictions ought to be transferred to the provincial governments and limitations placed on the federal?"

Word for consideration:
su·ze·rain
1.a sovereign or a state exercising political control over a dependent state.
2.History/Historical. a feudal overlord. –adjective
3.characteristic of or being a suzerain.

su·ze·rain·ty
1.the position or authority of a suzerain.
2.the domain or area subject to a suzerain.

IMHO, much discussion on the 'original 1867 intentions', (muddled and muddied by several, subsequent UK Privy Council decisions) can be avoided if the student of today starts with an examination of the Distribution of EXECUTIVE Powers in Canada i.e. in contrast to the written (and amended) BNA1867, Part VI, ss.91-95, Distribution on LEGISLATIVE Powers - NB make sure your reference copy has s.93A.)

This same student will see that there never was written and never has been any distribution of Executive Powers.

The only changes to the Executive Powers in Canada since 1867 are the Letters Patent 1947, re-stating the BNA1867, s.12 powers of the Governor General to Act on behalf of the Monarch-in-Council (also adding the role as Commander-in-Chief to reflect the independent foreign policy granted by the Statute of Westminster in 1931) and the Canada Act 1982,(U.K.) 1982, c.11 that excised the power of the UK Lords & Commons over Canada.

In other words, notwithstanding any prevarications, mis-information or dis-information that was widely circulated regarding "patriation" in 1982, TODAY, the Monarch still holds all the ultimate power and the Executive is just as superior to the Legislative as in 1867.

The Monarch (as an individual) holds suzerainty over Canada, albeit with most of those powers delegated to the Governor General (as an individual)

The General/Dominion government, through the Governor General IN COUNCIL holds suzerainty over the provinces.

Don't feel badly if this seems awkward or wrong ... with same-day news about Parents without children and Children with 3 parents - it's truly no wonder 21st Century Canadians cannot figure out what the 'Fathers' of Confederation intended.

Also, IMHO, until Canadians get a handle on how NOT-equal-to-the Dominion gov't the provinces are, (never mind the blatant inequality of their sizes, strengths, histories and futures)there is no point talking about transferring legislative powers.



S(dot)Leacock



Specifically,

-The Monarch is the Sovereign and the source of all Authority(s.9)
-The Monarch is the 'highest' office within our triune "One Parliament" s.17
-The Gov General holds all the Monarch's powers (save s.56's Imperial 2 yr Disallowance and the s.26 'GST senator' appointment-on-the-GG's-recommendation power) (s.12, Letters Patent)
-The Gov Gen chooses, appoints, removes members of the Executive's Privy Council s.11
-The Gov Gen assents to all of the General/Central/Federal Government's Bills and Orders
-The Gov Gen may withhold assent or reserve any Bill (s.55) "as an individual"(s.12)
-The Gov Gen appoints the Senators
-The Gov Gen must recommend any "Money" Bill before the Commons can adopt or pass such a measure (s.54)
-The Gov Gen IN COUNCIL (i.e. "by & with" the advice of the Privy Council for Canada s.13) appoints the Lieutenant Governors
-The Gov Gen IN COUNCIL may disallow any provincial Bill within 1 yr. (s.90)
-The Lt Governors assent to all provincial Bills & Orders and may withhold assent or reserve any Bill (s.90) "as an individual"(s.65)

Nowhere in the BNA/Constitution sections concerning the Executive is there one reference to Prime Minister, since that office is a creation of the House of Commons and the only source of that Office's power.