The main provisions of the BC Constitution Act
Every citizen of BC should be aware of this document. This is the document that rules every aspect of the life of everyone in this province. This document is the proof that the government of British Columbia is unlawful (de facto).
The government of BC lacks legitimate authority because it enacted this Act or statute.
This statute gives all power in this province to the government. So the government gave itself the right to enact statutes that all British Columbians must obey or be punished.
The government simply took this awesome power.
This BC Constitution Act designs the present structure of the government of BC. It was drafted by the BC Cabinet and was given Royal Assent by the Lieutenant Governor of BC. It gives total power to the Lieutenant Governor of BC alone. That fact may be verified by reading the statute.
The Lieutenant Governor is the representative of the Governor General in Ottawa. The Governor General in Ottawa is the representative of the Queen of England (the Crown). The Queen (the Crown) has total power over Canada:
The Executive Government and Authority of and over Canada is hereby declared to continue and be vested in the Queen. [This Sec 9 of the BNA Act is part of the Constitution Act, 1982, and is still in force]
The Lieutenant Governor of BC is appointed by and paid by the Ottawa bureaucracy. Nothing happens in BC without the permission of the Lieutenant Governor. The BC Constitution Act says that the Lieutenant Governor may dismiss anyone in the BC government. The Act gives NO POLITICAL RIGHTS to the people of the province. The Act only gives the people one single permission, which can be removed - the permission to vote in a provincial election.
How can this be changed ?
The BC Refederation Party intends to take power in Victoria, decree the Doctrine of the Supremacy of the People, and make the citizens of BC the sole source of political rights in the province. A Constitution of British Columbia written by the voters will replace the BC Constitution Act. It will give government only those powers that the electorate decides. It will be the document under which the electorate consents to be governed. It will be the foundation of a de jure (lawful) government in BC. For the benefit of readers of this website, the main provisions of the present-day BC Constitution Act are listed below. After each quote from the Act is a commentary by RefedBC. Some of the commentaries highlight the contradictions in this situation of the Queen (the Crown).
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Comments and Excerpts from the BC Constitution Act. The Act that usurped power in BC
Note - This Act of the BC Legislature sets out the
Power of the Lieutenant Governor of BC
and of the Queen of England over
British Columbians
All quotes are taken from the BC Constitution Act (revised Statutes of BC, updated to 31 Oct 97)
This Act stipulates the way government in BC is to be organised, and under it, British Columbians are given no political rights. Our Legislature cannot be elected without the permission of the Lieutenant Governor, it cannot meet in session without his permission, it must dissolve on his order, and our Legislature cannot spend one dollar without the permission of the
Lieutenant Governor - without his prior permission.
- Start of quotes
Quote # 1 from the BC Constitution Act
“2 Despite anything in this Act to the contrary, this Act must be construed as subject to the Constitution Act, 1867 and amending Acts applicable to British Columbia, and to the order of Her late Majesty Queen Victoria in Council for the union of British Columbia with the Dominion of Canada under the authority of that Act.”
- “2. The provisions of this Act referring to Her Majesty the Queen extend also to the Heirs and Successors of Her Majesty, Kings and Queens of the United Kingdom and Ireland.”
Quote # 2 from the BC Constitution Act
- Lieutenant Governor 3. (1) The Lieutenant Governor is a corporation sole. (2) A bond, recognizance and other instrument required by law to be taken to the Lieutenant Governor in the Lieutenant Governor’s public capacity (a) must be taken to the Lieutenant Governor by the Lieutenant Governor’s name of office, and (b) may be sued for and recovered by the Lieutenant Governor, by the Lieutenant Governor’s name of office. (3) A bond, recognizance and other instrument referred to in subsection (2) does not go to or vest in the personal representatives of the Lieutenant Governor during whose government they were taken.
Quote # 3 from the BC Constitution Act
- Appointment to public office
4. (1) The appointment to public office under the government of British Columbia, whether vacant or created and whether salaried or not, is vested in the Lieutenant Governor, with the advice of the Executive Council, with the exception of the appointment
(a) of the officials who are also appointed members of the Executive Council, which appointments are vested in the Lieutenant Governor alone, or
(b) for which other provision is expressly made by an Act.
(2) All officers appointed by the Lieutenant Governor, whether by commission or otherwise, remain in office during pleasure only.
Quote # 4 from the BC Constitution Act
- Assent or signification date for legislation
5. (1) The Clerk of the Legislative Assembly must endorse on every Act
(a) the date when the Act was assented to by the Lieutenant Governor,
Quote # 5 from the BC Constitution Act
- Executive power 7. Executive power continues, so far as it is unaltered by this Act, as it existed on February 14, 1871, subject to sections 58, 59, 60, 61, 62, 66 and 67 of the Constitution Act, 1867, and to any other part of that Act affecting it and to the order of Her late Majesty in Council.
Quote # 6 from the BC Constitution Act
- Executive Council
9. (1) The Executive Council is composed of the persons the Lieutenant Governor appoints, including the Premier of British Columbia, who is president of the Executive Council.
(2) The Lieutenant Governor in Council must from among those persons appointed under subsection (1) designate
(a) those officials with portfolio and must designate the portfolio for each official, and
(b) those officials without portfolio.
Comment. Note that the Premier is not the person the people elect. The Lieutenant Governor has given the People no political right to vote for a Premier. The Premier is the person that the Lieutenant Governor appoints, and the Lieutenant Governor appoints all the Cabinet too.
Quote # 7 from the BC Constitution Act
- Transfer of powers and duties 10. (1) Any of the powers and duties assigned by law to any of the officials constituting the Executive Council may, by order in council, be assigned and transferred for any period to any other of the officials.
Quote # 8 from the BC Constitution Act
- Organization of executive government 13. (1) Despite any Act, the Lieutenant Governor in Council may determine the organization of the executive government and the various ministries.
Quote # 9 from the BC Constitution Act
- Legislative Assembly 17. There must be in British Columbia a Legislative Assembly constituted as provided by this Act, and the Lieutenant Governor has the power, by and with the advice and consent of the Legislative Assembly, to make laws in and for British Columbia in all cases, subject to the Constitution Act, 1867, and to the order of Her late Majesty in Council.
Quote # 10 from the BC Constitution Act
- Demise of the Crown
20. (1) A Legislative Assembly summoned or called is not determined or dissolved by a demise of the Crown, but continues, and may meet, convene, sit, proceed and act, despite the demise of the Crown, as if the demise had not happened.
(2) This section does not alter or abridge the power of the Crown to prorogue or dissolve the Legislative Assembly.
Quote # 11 from the BC Constitution Act
- Summoning and proroguing
21. (1) The Lieutenant Governor must, by proclamation in Her Majesty’s name, summon and call together the Legislative Assembly.
(2) It is not necessary for the Lieutenant Governor, in proroguing the Legislative Assembly, to name any day to which it is prorogued, or to issue a formal proclamation for a meeting of the Legislative Assembly, unless it is intended that the meeting is to be for the dispatch of business. Duration
23. (1) The Lieutenant Governor may, by proclamation in Her Majesty’s name, prorogue or dissolve the Legislative Assembly when the Lieutenant Governor sees fit.
Quote # 12 from the BC Constitution Act
- Oath of allegiance 24. (1) A member of the Legislative Assembly must not vote or sit until he or she has taken and subscribed the following oath before the Lieutenant Governor, or some other person authorized by the Lieutenant Governor to administer the oath: I, A.B., swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II [or her successor], her heirs and successors, according to law. So help me God.
Quote # 13 from the BC Constitution Act
- Lieutenant Governor may initiate Bills
46. The Lieutenant Governor may transmit, by message to the Legislative Assembly, the draft of any law that appears to the Lieutenant Governor desirable to introduce, and all drafts must be taken into consideration by the Legislative Assembly in a manner provided by the rules and orders. Appropriation by message of Lieutenant Governor
47. The Legislative Assembly must not originate or pass any vote, resolution, address or Bill for the appropriation of any part of the consolidated revenue fund, or of any tax or impost, to any purpose that has not been first recommended by a message of the Lieutenant Governor to the Legislative Assembly during the session in which the vote, resolution, address or Bill is proposed. Lieutenant Governor may return Bills
48. If a Bill is presented to the Lieutenant Governor for the Lieutenant Governor’s assent, the Lieutenant Governor may return it, by message, for the reconsideration of the Legislative Assembly, with amendments the Lieutenant Governor thinks fit.
Here are some excerpts from the Canadian BNA Act 1867:
- 9. The executive government and authority of and over Canada is hereby declared to continue and be vested in the Queen.
12. All powers,authorities and functions shall be vested in, and exerciseable by, the Governor General individually.
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.
- 58. For each province there shall be an officer, styled the Lieutenant Governor, appointed by the Governor General in Council by instrument under the great seal of Canada.
59. A Lieutenant Governor shall hold office during the pleasure of the Governor General.
60. The salary of the Lieutenant Governor shall be fixed and provided by the parliament of Canada.
61. Every Lieutenant Governor shall, before assuming the duties of his office, make and subscribe before the Governor General or some person authorised by him oaths of allegiance and office similar to those taken by the Governor General. (Oath of allegiance to the Queen (the Crown) )
62. The provisions of this act referring to the Lieutenant governor extend and apply to the Lieutenant Governor for the time being , or the chief executive officer or administrator for the time being carrying on the government of the province, by whatever title he is designated.
66. The provisions of this Act referring to the Lieutenant Governor in Council shall be construed as referring to the Lieutenant Governor of the province acting by and with the advice of the executive council thereof.
- 67. The Governor General in Council may from time to time appoint an administrator to execute the office and functions of the Lieutenant Governor during his absence, illness, or inability.
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