The need for a constitutional reform in Canada

For discussion of Canadian constitutional issues, and the organization of the Republican Party of Canada.

Re: The need for a constitutional reform in Canada

Postby Gerry T. Neal » 04/ 21/ 10 4:06 am

Conservative Canuck wrote:Canada needs to move to a pure republican system of government.


That is the last thing Canada needs. It would be the ultimate completion of Pierre Trudeau's vision.

The idea that a republican form of government is superior or more conducive to personal liberty than a monarchy is a false idea. The British/Canadian system of parliamentary monarchy, as it developed over more than a millenium of history, embodies the mixed constitution Aristotle recommended (a constitution that combines the best elements of monarchy, aristocracy, and democracy) like no other system developed or instituted elsewhere. Our parliamentary monarchy tradition, has gone hand in glove, with the prescriptive rights of Englishmen, the common law tradition, and the other elements that made the English tradition uniquely libertarian centuries prior to the Enlightenment and the birth of "classical liberalism".

The man most responsible for the subversion of this tradition of liberty in Canada, Pierre Eliot Trudeau, wanted Canada to become a republic.

American conservatives are republicans because that is America's tradition. The recommendation that a monarchy become a republic, is not a conservative suggestion, however. Conservatism, by nature, leans towards monarchy. It is the heir of Toryism, which stood for the institutions of monarchy and the church. 18th Century, Irish statesman Edmund Burke is considered to be the first modern conservative. His conservative credentials, arise primarily out of his Reflections on the Revolution in France, which condemned the French Revolution and defended the institution of the British monarchy, and his remarks upon the death of Marie Antoinette. Russell Kirk, who more than anyone else provided the philosophical framework for the revival of conservatism in post-WWII America (the revival that lead eventually to the Reagan administration), began his most famous work on Anglo-American conservative thought, with Burke, and ended it with T. S. Eliot, an American ex-patriot, who relocated to the UK, and described himself as a royalist in politics, a classicist in literature, and an Anglo-Catholic in religion.

We do not need to look with envy on the Americans. They introduced the Communist measures of the progressive income tax and the central bank before we did, as they introduced the New Deal welfare state before we introduced our equivalent. They also introduced liberal immigration before we did, and yes, political correctness before we did. Their republican government did not prevent their Supreme Court from banning school prayer and Bible reading, ordering the Ten Commandments to be removed from courthouses, and forcing abortion on all states. "Affirmative Action", i.e., the hypocritical policy of de jure discrimination against whites, in the name of combating "racism", is practiced everywhere in the West now, and is even written into our constitution thanks to Trudeau, but it bears a "Made in the USA" stamp on it. Leftists in Europe and Canada have gone beyond the United States in their insane programs, but frequently, perhaps more often than not, they have been building on a foundation laid in the United States.

We have every reason to be proud of our parliamentary monarchy tradition. Let American conservatives restore their classical republicanism in the United States, while we recover the rights of Englishmen and our Common Law liberties within the framework of our British/Canadian tradition.
"I am not anti-American. But I am strongly pro-Canadian" - John G. Diefenbaker
Gerry T. Neal
 
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Postby Dogpatch » 04/ 21/ 10 11:34 am

doctorftf wrote:
Entropy Squared wrote:This is a long read but worth it.

I believe Canada needs an entirely new constitution. The Trudeau Constitution we are using now is doomed to failure, as we are seeing today in so many areas.
Our constitution was fine up until 1982. Its Trudeau and Quebec that pushed for this 1982 mess. Its pretty simple, repeal Trudeau's charter and give us back our BNA act. Problem solved. If Trudeau could force this upon the entire nation, why can't we repeal Trudeau's mess???

Shortcut to: http://www.languagefairness.com/Expensi ... nguage.php

Forwarding some authentic, documented statements, in no particular
order, that may be useful to you.

"My roll as Secretary of State of Canada is first and foremost to ensure
that my French compatriots in Canada feel with deep conviction, as I do,
that this is their country and that it reflects their image". "I too
had some difficult years as a politician; I'm still having them, in
fact, because everything we undertake and everything we are doing to
make Canada a French state is part of a venture I have shared for many
years with a number of people". "You know the idea, the challenge, the
ambition of making Canada a French country both inside and outside
Quebec -- an idea some people consider a bit crazy, is something a
little beyond the ordinary
imagination". - Serge Joyal, Secretary of State - Page 2 'ENOUGH' by
J.V.
Andrew.

"From one ocean to the other, Canada is presenting a bilingual image
that is stronger than ever, while in Quebec, for the first time since
1760, the official language is exclusively French. If one sticks to the
image, not only is Quebec sovereign, but it has succeeded in partially
annexing Canada". - Christian Dufour (1990) - Page 64, Lament for a
Notion by Scott Reid.

"The Canadian community must invest, for the defence and better
appreciation of the French language, as much time, energy, and money as
are required to prevent the country from breaking up" - Pierre Trudeau,
Page 32, "Federalism" (1968) also quoted in Farewell The Peaceful
Kingdom by Joe Armstrong.

" ....Given these facts, should French-speaking people concentrate their
efforts on Quebec. or take the whole of Canada as their base? In my
opinion, they should do both; and for the purpose they could find no
better instrument than federalism", Pierre Trudeau, Page 31 "Federalism"
(1968).

"The Canadian government is engaged in a task of spreading the French
language across the length and breadth of the country". Jules Lege,
l968

"Canada is going to be a French-speaking nation from coast to coast".
Leo Cadieux, Canadian Ambassador to France, 1973.

"There is no way two ethnic groups in one country can be made equal
before the law....and to say it is possible is to sow the seeds of
destruction".
Pierre Trudeau, 1966.

"Quebec can make French the only official language in spite of the
Constitution". Pierre Trudeau, 1967.

"There will be no retreat in Quebec on the French language policy".
P.M.
Brian Mulroney, Dec. 12th, 1986.

"The government of Canada has no right to promote English in Quebec".
Gil Remillard, Minister for Inter-Governmental Affairs, 1988.

"Bilingualism is unthinkable for Quebec". Robert Bourassa, 1988.

"Language legislation is utterly insane and is designed to encourage
bigotry. There is no precedence anywhere for unity being enhanced
through a policy of two official languages". Peter Worthington,
Financial Post, July 1988.

"Anyone with a pea for a brain knows that our Canadian federal
government is today firmly under French Canadian control". J.V. Andrew,
Ret. Lieut. Cmdr.
Navy, in his book 'ENOUGH' (Published 1988)

More quotes-Dion… http://www.languagefairness.com/Quotes.php


1 - it was not ES but Mark Fournier that wrote:
    This is a long read but worth it.

    I believe Canada needs an entirely new constitution. The Trudeau Constitution we are using now is doomed to failure, as we are seeing today in so many areas.
And he is right as usual.

Bilingualism in federal canada was due to Trudeau's response to quebec nationlism (separatism).

    "Our constitution was fine up until 1982. Its Trudeau and Quebec that pushed for this 1982 mess. Its pretty simple, repeal Trudeau's charter and give us back our BNA act. Problem solved. If Trudeau could force this upon the entire nation, why can't we repeal Trudeau's mess???"

Funny thing happened on the way to the Constitution Act 1982 - Quebec didn't want it and still hasn't signed it.

    ""Anyone with a pea for a brain knows that our Canadian federal
    government is today firmly under French Canadian control". J.V. Andrew,
    Ret. Lieut. Cmdr. Navy, in his book 'ENOUGH' (Published 1988)
    "


Ah yes, The Royal Canadian Navy. That same organization that fought tooth and nail against French-Canadiens joining Her Majesty's Canadian Forces. (And it still distrusts french-canadiens)

You have a beef against bilingualism and bully for you. But i doubt if official bilingualism actually harmed, hindered, or harassed you.

:2c:
[Or as someone once said (and I appropriated): "I try to become more cynical every day, but lately I just can't keep up."]
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Re: The need for a constitutional reform in Canada

Postby MrKilroi » 08/ 22/ 11 2:06 pm

It will be a mighty cold day in August before our politicians change/reform our constitution. If we want things to change then we need to obtain consensus then drive for popular public support. The downside is most people in Canada can't even tell you 3 of their constitutionally guaranteed rights.

There are more than 40 documents enacted over the centuries and years that form our Constitution. Some very important ones. Like the the English Bill of Rights 1689. There are also troubles with our "Rule of Law" which allows statute to override rights at Common Law and the Common Law in General.

A republic was very attractive a few years ago for me but less so today. Apart from the BNA. there is no law stating that the Governor General could not become the elected head of state. There is also no law against our provinces being sovereign states confederate together under a New Canadian Constitution derived and ratified from the people of Canada.

Quebec's refusal to sign the first one was because it gave them nothing that they didn't already have so what is the point of this exercise?

some points that must be addressed

1. each province needs to be a sovereign state. only these can form a confederation in law.

2.the division of powers must be crystal clear between the provinces and the federal government (as it has been mentioned on this thread)

3. Checks and balances on authority

4. All members of the legislative branch commons, senate must be elected

5. The Governor General and the Governors of each Province too should be elected by popular vote.

6. Rights at Common Law need to be guaranteed. it also needs to be unequivocally stated that rights belong to individuals, all collectivist references need to be removed.

this is just a brief list with few details. The current electoral system favours Ontario, perhaps with an elected senate each province could have senatorial seats as check against majoritarianism. The GG should have the power to veto an act of the legislative branch that is contrary to the constitution or law.

Bottom line is I agree we need something better than we have,
MrKilroi
 
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