Skip to main content

“I am a Canadian, free to speak without fear, free to worship in my own way, free to stand for what I think right, free to oppose what I believe wrong, or free to choose those who shall govern my country. This heritage of freedom I pledge to uphold for myself and all mankind.” ~~ John G. Diefenbaker

FELDSTED -- That is how post-World War Two Prime Ministers can appear to act as autocrats -- and get away with it

Few people are aware that Canada has an Executive Branch. As a post-colonial, “Dominion” with a Constitutional Monarchy system “similar in Principle” to the United Kingdom, all Executive powers are vested in the Monarch and are exercised by the Governor General assisted his or her Privy Council.

Under Great Britain’s unwritten Constitutional system there is no Governor General (that’s the similar, but not-identical aspect) and the advisors to the UK Prime Minister are styled their Privy Council.

In Canada’s written Constitution, we have a Legislative Branch – The Upper House (the Senate) and Lower House (the Commons) and separate rules for provinces.
 
Our 1867 British North American Act states:
 
9. The Executive Government and Authority of and over Canada is hereby declared to continue and be vested in the Queen.

10. The Provisions of this Act referring to the Governor General extend and apply to the Governor General for the Time being of Canada, or other the Chief Executive Officer or Administrator for the Time being carrying on the Government of Canada on behalf and in the Name of the Queen, by whatever Title he is designated.

11. There shall be a Council to aid and advise in the Government of Canada, to be styled the Queen’s Privy Council for Canada; and the Persons who are to be Members of that Council shall be from Time to Time chosen and summoned by the Governor General and sworn in as Privy Councillors, and Members thereof may be from Time to Time removed by the Governor General.

12. All Powers, Authorities, and Functions which under any Act of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, or of the Legislature of Upper Canada, Lower Canada, Canada, Nova Scotia, or New Brunswick, are at the Union vested in or exerciseable by the respective Governors or Lieutenant Governors of those Provinces, with the Advice, or with the Advice and Consent, of the respective Executive Councils thereof, or in conjunction with those Councils, or with any Number of Members thereof, or by those Governors or Lieutenant Governors individually, shall, as far as the same continue in existence and capable of being exercised after the Union in relation to the Government of Canada, be vested in and exerciseable by the Governor General, with the Advice or with the Advice and Consent of or in conjunction with the Queen’s Privy Council for Canada, or any Members thereof, or by the Governor General individually, as the Case requires, subject nevertheless (except with respect to such as exist under Acts of the Parliament of Great Britain or of the Parliament of the United Kingdom of Great Britain and Ireland) to be abolished or altered by the Parliament of Canada.

13. The Provisions of this Act referring to the Governor General in Council shall be construed as referring to the Governor General acting by and with the Advice of the Queen’s Privy Council for Canada.

14. It shall be lawful for the Queen, if Her Majesty thinks fit, to authorize the Governor General from Time to Time to appoint any Person or any Persons jointly or severally to be his Deputy or Deputies within any Part or Parts of Canada, and in that Capacity to exercise during the Pleasure of the Governor General such of the Powers, Authorities, and Functions of the Governor General as the Governor General deems it necessary or expedient to assign to him or them, subject to any Limitations or Directions expressed or given by the Queen; but the Appointment of such a Deputy or Deputies shall not affect the Exercise by the Governor General himself of any Power, Authority, or Function.

 15. The Command-in-Chief of the Land and Naval Militia, and of all Naval and Military Forces, of and in Canada, is hereby declared to continue and be vested in the Queen.

 16. Until the Queen otherwise directs, the Seat of Government of Canada shall be Ottawa. 
 

There we have it – that is our constitutional executive.

However, that is not the current practice. Our government and the Legislative Branch of parliament are operating outside of our constitution and illegally. How? The Privy Council was moved from the domain of the Governor General to the control of Prime Minister, as an emergency measure in 1940 when Canada was at war.

As a result, the Executive oversight and advice to our government was erased and the powers of the Prime Minister were enormously enhanced. That is how post-World War Two Prime Ministers can appear to act as autocrats -- and get away with it.

The rest of the Constitution outlines the Legislative Order and describes what powers each order controls or shares.

If we want to return to democratic governance, we have to repair the damage done in 1940 and return the Privy Council and its oversight to the Governor General. In the following articles, I will explain why.

John Feldsted ... is a political commentator, consultant, and strategist. He makes his home in Winnipeg, Manitoba

Labels:

Comments

Post a Comment

Popular posts from this blog

FORSETH -- Given the noted infractions of this agreement with OneBC leader Dallas Brodie, I request the Party immediate suspend the leadership campaign of Yuri Fulmer

I have personally emailed the following to the Board and Administration of the Conservative Party of BC:   TODAY (03/30) Yuri Fulmer, a candidate for the leadership of the Conservative Party of BC, made a pact with ONEBC leader Dallas Broldie, that if he is elected will commit the Conservative Party to the following. Specifically, the pact states : This Memorandum of Understanding outlines the definitive electoral and governing alliance that will be executed upon Yuri Fulmer’s election as Leader of the Conservative Party of British Columbia OneBC Party commits to not nominating or authorizing candidates in 88 of British Columbia’s 93 electoral districts. In exchange, the Conservative Party of BC, under the leadership of Yuri Fulmer, commits to not nominating or authorizing candidates in five (5) specific electoral districts . OneBC will be the sole standard-bearer for the right in those five districts. The specific ridings will be determined through mutual negotiation and fin...
Post a Comment
Read more

FORSETH -- Focus on the nine things I mentioned. That’s what will allow the Conservative Party to win the next election

IMAGE CREDIT:   Darryl Dyck, the Canadian Press. I thought I had already made up my mind who I would be ranking on my ballot, in the Conservative Party of BC leadership race; now I am not so sure.  That means that, at least for me, and perhaps many others, it’s a good thing voting hasn’t already taken place. There were initially only one or two of the candidates that I thought might be a little too right of centre for my liking, now it seems that list is growing. I consider myself more closely aligned with what used to be called a Progressive Conservative, regardless, I feel more than comfortable within the Conservative Party of BC.  Some, however, in messages to me on my political Facebook page, have been rather, shall we say, a bit mean-spirited in comments they’ve made about my ‘purity’ as a conservative. To tell you the truth, I really don’t care! Some leadership candidates, in comments made online, have also been raising the issue of who is a pure enough conservati...
Post a Comment
Read more

Your government has a gambling problem (Troy Media)

Provinces call it “revenue,” but it looks a lot like exploitation of the marginalized The odds of winning Lotto Max are about 1 in 33 million. You’re statistically more likely to be struck by lightning than to win it. But your government is betting that statistics won’t hold you back; they’re counting on it. Across Canada, provincial governments not only regulate gambling, they also maintain a monopoly on lottery and gaming by owning and operating the entire legal market. That means every scratch card is government-issued, gambling odds are government-set, casino ads are government-funded and lottery billboards are government-paid. And these are not incidental government activities. They generate significant revenues that governments have powerful incentives to expand, not constrain. It would be one thing for our governments to encourage us to engage in healthy activities. We can quibble about whether the government should be trying to convince us to be more active or eat more vegetabl...
Post a Comment
Read more

Labels

Show more