The proposed
Canadian Constitution 2000 A.D.

An explanation of intent by heading.

Preamble

The preamble is an overview of the intent and spirit of this document. Considering today’s spiritual climate within Canada, it is apparent that the values contributing to the inception of this nation have waned at the detriment of society; a reminder that God gave all that is before us, and the state cannot surpass God. Within that principle, we then align our orders of government. The preamble also indicates an active role of the citizenry in referendum. The supremacy of law will be palatable if the citizenry has direct influence in its’ development.

Union

Canada has not been federated by consultation of the citizenry through referendum. We intend to remedy that situation. This nation belongs to the citizenry and it is necessary that the citizenry define their nation and their orders of government in order to preserve democratic principle. Initially, the provinces came together to form a country; the central government did not create the provinces.

Executive Power

The Crown (Governor General) is the traditional protectorate of the citizenry, and we saw the necessity of enhancing that station. Whether the Canadian wants that station directly involved with the Queen/King of the Commonwealth, it will be the decision of future generations. A formula to establish the Governor General and Lieutenant Governors is explained in this section with the intent to have the provinces and their citizenry more involved. If a situation arises where the central government becomes completely autocratic, the Crown is the only authority that can establish a new capitol at the direction of the provinces and their councils. Establishing and maintaining constitutional legitimacy is the mandate of the Governor General.

The Federal Legislative Authority

The Westminster style of government is retained and the minimum annual number of sessions of Parliament is re-established.

The Senate

The number of Senators is equal for each province at four, and two shall sit for each territory. Equal representation by province, in the “upper house” of sober second thought was proposed as a means to counterbalance the representation by population of the House of Commons. It is necessary to provide a means for the provinces to protect their sovereignty of those things that are private and local in nature and have within those means, a safeguard against the possible intrusion of the more populated provinces. It is recognized that ethnic balkanization could be promoted by this proposal but it is reasonable to assume that human nature would be the greatest influence in that regard. Conduct and attendance are defined for a Senator in number fourteen. It is here where the authority of the citizenry is first presented through the process of petitioned recall. Half of the senate will be renewed every national election, to maintain continuity and provide a means to educate new members of procedure. A non-partisan membership would also increase the effectiveness of the Senate.

The House of Commons

Representation by population, much the way today’s House of Commons is established, gives a more diverse and experienced approach to formulating Law and Legislation. Here also the conduct and qualifications are defined loosely and the authority of the citizenry is presented through the possible process of petitioned recall. It is evident this process will downgrade the destructive influence of partisan politics as the elected officials will represent first, the home constituency. Debate will occur within party lines and the central government and is more likely to proceed with caution from a better-informed and less agenda driven basis. Quorum is established at sixty-five percent so as to prevent any further mischief of passing agenda driven legislation or orders in council, without diverse representation.

Money Votes; Royal Assent

Royal Assent is retained when appropriation and allocation of the public revenue occurs, or preceding imposition of a tax. Neither shall take place for purposes that are not incident to the specified jurisdiction of the central government.

Provincial Constitutions

Westminster Style of government is retained within the Provinces. Salaries of the Governor General are to be appropriated from a fund set up by the provinces and the fund be administered by the Senate. This was done to remove as much negative influence as possible that the central government might impose upon the Governor General. The provinces will be responsible for the salaries of their respective Lt. Governors. The Lt. Governors will as well scrutinize activity of the provincial legislatures including “orders in council”. Establishing and maintaining constitutional legitimacy is also the mandate of the Lt. Governors.

Provincial Legislative Authority

The provinces are directed to exercise their activities in accordance to their jurisdictions. This is a mandate that has no options and is specified twice in different terms to establish intent. Those who have lost their freedom because of offence against the law of the land shall not have a vote for a member of the provincial legislature (the civil law makers). Petitioned recall can also apply to members of the provincial legislatures.

Distribution of Legislative Power

Jurisdiction of the Parliament of Canada

A formula for the amendment of the Canadian Constitution is presented in the first paragraphs of this section. Referendum makes its debut here in this section. The jurisdiction of the central government is set, and is deemed to be fully national or inter-national in nature and it will continue to be unlawful by the strength and content of this proposal to inter-delegate or exchange jurisdictions with other orders of government.

Exclusive Jurisdiction of the Provincial Legislatures

Any subject that affects the citizen at the civil level is retained as the jurisdiction of the provinces. Referendum will be used as a process to amend or change the provincial constitution, except when those changes are made to be accordant with the Constitution of Canada.

Non-Renewable Natural Resources, Forestry Resources and Electrical Energy

This section provides the Provinces with the exclusive authority to directly and indirectly tax the resources or the developed resources of the province. It is the only place where provinces can indirectly tax. Recyclable material is defined as a resource in order to promote a sustainable public contribution towards the management of waste products and recyclable materials.

Coastal and Inland Fisheries

Because many people of our maritime provinces depend upon fish as a source to their livelihood, a matter that is local and private in nature, it is apparent that the commodity of fish should be considered local as well. Because those things that are local and private in nature are under the jurisdiction of the province, it lends to the position that the province closest to the resource should have jurisdiction of that resource. The only part that should be controlled by the central government is the activity upon the water, foreign intrusion, and arbitration between provinces or the provinces and foreign fishing entities. Laws could be made at the central level that would directly compensate the fisheries for loss of commodity when a foreign fisher is found within Canadian jurisdiction.

Agriculture

Balkanization of particular agricultural industries, exemplified in the dairy, beef, grain, and fruit sectors has much to do with climate restraints, however much balkanization at the detriment of agricultural diversification, has been created by disproportionate subsidization. This section places agriculture under exclusive provincial jurisdiction with the exception of central authority to maintain a level playing field regarding agriculture. Agricultural property and ownership and environmental concerns become an exclusive provincial jurisdiction.

Immigration

In the original BNA. Act, immigration and agriculture were under one heading, as agrarian demographics at the time required a larger proportion of the population during the mid 1800’s. 80% of the population during that era was directly involved in agriculture; today 3% of the population can produce 2000% per capita more agricultural product. The work force of the provinces has since diversified enormously. It is the government closest to the citizenry that understands the shortfall in a particular skill or trade and is also in a better position to prepare for the social consequences of an influx of ethnics not prevalent within the province. The provinces then, set the Quota and requirements to fulfill the civil needs. The central government is directed to screen immigrant applicants under a specific set of requirements.

Healthcare

It does not matter what an organization/person might propose, it will be interpreted as destroying the public health care system which in it’s present form has become a sacred cow of the central government and much of the Canadian citizenry. The concept of a publicly funded health care system was originally intended to provide equivalent health care to those who could not afford it. Those with cash in hand were not to receive preferential treatment and the system, although with two means of remunerating for service, was to operate on a first come first serve basis. The system we have today has detracted from that principle and the medical profession within Canada has suffered for it. On average throughout Canada, 67% of the monies appropriated by the central government are used for various administrations and the remaining 33% forwarded to the provinces. At the hospital bed only 3% of your tax dollar is applied to the hospital bed. It is for this reason that this proposal returns healthcare to the exclusive jurisdiction of the provinces as health care is a matter of local/private nature and any disparity of the public health system in other provinces, can be relieved through a process of “national equity” (described later under the same).

Education

The education of our children is our individual responsibility and is a local and private responsibility. No people understand a child more, or are motivated more, than the parents, as they seek to give their children the best possible advantage through education. This proposal outlines the means by which parents can, apply their tax dollar to the greatest advantage and tailor the education of their children while preserving the values of the family.

Seniors’ Pensions

This is the only section where the central government is involved in a matter that is local and private in nature. Having the central government involved in seniors’ pensions, will provide the flexibility seniors need when moving to more compatible climes or between multiple residences. The provinces have the option to establish their own senior pension plan.

Judicature

The major intent of this section was to distance as far as possible, those who interpret the law from those who create the law. The membership of the Supreme Court and those courts under the central jurisdiction are derived formally through the provinces. The salaries of those within the Supreme Court system are provided by the provinces, thereby distancing further, the influence of the central government over that court. The respective provinces derive civil courts so that the civil law is adapted to that local civilian. This is useful when addressing heavily populated vs. lightly populated areas and can more closely reflect the reality when addressing issues such as property and civil rights. It will be unconstitutional to create an entity that will pass judgment or sentence outside these institutions.

Assets, Debts, Revenue, Taxation,

This proposal followed closely the intent of the BNA. Act 1867 regarding assets of the provinces and the central government, debts incurred, and the administration of the public revenue at both levels. It does strengthen the position that neither the provinces nor the central government can appropriate and allocate monies to support programs that are not specified as their respective jurisdiction. Because the Senate is regionally based it was prudent that this House would be the allocating authority of a fund created by the provinces to ameliorate disparity within provinces. The movement of products and articles of growth including raw materials shall move unfettered by any tax or tariff of the provinces. This is a “Canada First” distribution plan that will encourage economic diversity and the only deterrent to production will be the physical environment. Any lands/property that belongs to the central or provincial governments shall continue to be nontaxable as is so in our present constitution but contrary to the habit of our current orders of government.

General Provisions

This section deals with incidentals that did not fit properly into any other section of the proposal. It strengthens the intent where necessary and might be seen as a duplication of previous entries, but was included to provide emphasis. Provision for the recognition of both official languages and the preservation of culture and language of each province is entrenched as a provincial responsibility. Balkanization of ethnics is a predisposition of human behavior and it is therefore necessary to empower the government closest to the people to address the cultural, linguistic and ethnic needs of localities. Property rights have long been considered as exclusive provincial jurisdiction and Canada as a nation has failed to recognize the importance of property rights and the civil responsibility to protect property. Section 119 (1) and (2) address this and offers remedy to both concerns.

The First Schedule

This section empowers the document. Other constitutional documents in Canada did not provide for consequence upon violation. Because this document is intended to be the property of the citizenry it is fitting that any violation of its’ intent or content must be answered and remedied. The citizenry much enjoy the benefit of the common law equally, and have the means collectively, to enhance it. The most important role of the Governor General/Lt. Governors is to provide adherence to the Constitution and in so doing protect the citizenry from abusive government.

The Second Schedule

“Initiative Referendum”

The second schedule empowers the citizenry to amend the constitutions of Canada, reject previous law found repugnant, alter or reject legislation or law, formulate alternatives or new law, accept or reject international law or treaty or remove noncompliant representatives by petition. Through these processes, information will be readily obtainable as to the performance of government and/or specific branches of government through independent audit. This section is designed to strengthen the sovereignty of the nation, keep government accountable and develop the nation’s society from the perspectives of the Citizenry rather than by the design of government.

The Third Schedule

The Public Works of Canada Within Canada

This schedule is almost verbatim to the BNA. Act 1867 in that it lists those properties under the control of the central government. Alteration has been made regarding navigatable inland waters so as to not encourage abuse of central authority over property along those waters.

The Fourth Schedule

Defence of Canada

Except in dire situation the central government will have to consult the entire parliament to commission any part of the Canadian Military or any of its’ components. Here, the central government is given instruction to provide all that is necessary to maintain and enhance the Canadian Armed Forces.

The Fifth Schedule

Oath Of Allegiance:

An oath not only to bear allegiance to the Crown, the Nation, but as well the Constitution.

Declaration of Qualification

This section was slightly revised to present to the Houses of government the best possible in character.

The Sixth Schedule

Referenda Criteria

Here, definition and particulars are proposed to establish the means by which the Citizenry may alter any action of previous or current government. The intent was to increase public influence and directly guide representatives during the governance of Canada. The outcome will assure Canadians of a home and native land defined by the citizenry.

Recall

This section defines the criteria and requirements necessary to recall an elected official and to bear pressure upon a department head to facilitate the removal of an official that is deemed as contrary to the desires of the immediately affected citizenry.