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Part 1 in this 7 part mini series explained that the Canadian people have never been allowed to choose how their government should be structured, which should have happened when Britain’s Statute of Westminster made them a sovereign people in 1931.

4 Continuation of unlawful government – 1982

In 1982 Trudeau persuaded federal and provincial politicians to sign his attempt to make Canadian governments lawful – the Constitution Act 1982. He proclaimed that this statute was now the Canadian constitution. However, several things are wrong with that –

1. The Canadian people have never ratified [or approved] Trudeau’s document, so the government does not have the consent of the governed. It means that the Trudeau document has no authority to be a constitution.
2. That Constitution Act 1982 retains the old BNA Act as the structure of government in Canada, and Sec 9 states - 9. The Executive Government and Authority of and over Canada is hereby declared to continue and be vested in the Queen. [that is, Queen Elisabeth ll]
3. But the British government has recently confirmed in the case of Australia that “The Queen, in her role as Head of State of the United Kingdom, has no executive powers exercisable within Australia”. Footnote 1. This is also true in the case of Canada. So Sec 9 of the Canadian Constitution Act 1982 must be repealed – the British Monarchy is the creation of the British Parliament and the British queen is not allowed to be the Queen of Canada.
4. A British Queen with no executive authority over Canada can not appoint a Governor General [GG] to exercise supreme power over Canada. But Sec 12 of the old BNA Act still gives the GG total power over Canada [with or without the advice and consent of anyone else - read Sec 12]. So Sec 12 must be repealed.
5. The GG is appointed to the GG position by a Letter Patent. But the British Queen is not allowed by the British Parliament to sign a Canadian Letter Patent because the people of Canada are sovereign. Therefore the GG can not claim to be the representative of the British Queen. [since 1947 the Letters Patent appointing GGs have been signed by the Canadian Prime Minister [PM]]. Footnote 2.
6. Competent Canadian politicians must know of this circular farce of an elected PM appointing a GG with the power to fire the Prime Minister. The Canadian GG has the power to fire the entire government [an Australian GG has not too many years ago fired the Australian GG, and a State government].
7. The Canadian people who have never approved of our present form of government did not elect this GG, who is also the Commander in Chief of our armed forces.
8. All public officials of this sovereign nation of Canada must swear an oath of allegiance. “I, [name], do Solemnly swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors according to law, forever. So help me God. This oath is not to support or protect the Canadian people or a proper Canadian constitution. It is an oath to be faithful to a foreign head of state. It must be changed. Ireland abolished the Oath of Allegiance to the British Monarch in the 1920s.
9. On 3 Dec 07 Australian Prime Minister Kevin Rudd was sworn in. He refused to swear an oath of Allegiance to the Queen. His Oath is “to well and truly serve the Commonwealth of Australia, her land and her people, so help me God”.

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Overview of the 7 parts

1 The Principle of Self Determination

2 The end of lawful government in Canada

3 The start of unlawful government in Canada

4 The continuation of unlawful government – 1982

5 Who is the Queen of Canada ?

6 The Crown – separating myth from reality

7 Giving Royal Assent to Canada’s laws

8 Law v Convention

9 Constitutions v Statutes

10 Democracy in Canada, for a change, at last

11 Democracy in Canada – a dream or a possibility ?

12 Setting up the BC model

13 Using the BC model to bring Ottawa under control

14 Back to the Queen and the Governor General issue

15 Summary

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