Posted: Tue Aug 24, 2004 2:10 pm-
/--- It’s misleading to state that 90% of the provinces agreed to one thing or another as this neglects to take into account their differences in population. ---/
The nine Premiers certainly could not give approval to the patriated constitution, with the added amending formula and Charter, without the backing of the majority of their legislatures. Those legislatures are made up of MPPs representing the different populations of the provinces.
Certainly not everyone was in agreement with the document, but the majority must have been.
/--- Although asking the provinces for their approval of the Constitution Act may have only been customary, the fact that the federal government is still tinkering with the constitution indicates that asking the provinces was more than customary; to some degree, it was a necessity. If it wasn’t, they would just leave things as they are. ---/
At the time when Trudeau was attempting to patriate the Constitution, the Supreme Court apparently ruled that it was not a necessity to ask the provinces for approval, but it was certainly customary, and was recommended.
Part of the amending formula that was later added to the Constitution when it became Canadian law was that any future change to the distribution of executive powers would need the unanimous consent of all ten provinces, the House of Commons and the Senate.
Thus, it is no longer simply custom to ask for provincial approval, but a constitutional necessity.
/--- Interpreting a party who creates the majority and forms the government as having support of a majority of Canadians is a simplistic interpretation of our first past the post electoral system. Going so far as to say Canadians supported a particular aspect of their platform is unbelievable. ---/
Well, its true enough that there is a lack of proportional representation in the parliament.
However, during constitutional debates everyone becomes involved- the entire legislature in each province, all MPs, and the Senate. As well, many organizations, groups, and communities are invited to give their input.
In '82 nowhere near enough people spoke out against the monarchy to warrant a change to a republic. In fact, Trudeau was at first a republican and wished to move Canada to that system when he had the chance. But, so many Canadians, both from the public and the government, spoke against this move that he backed down on it.
So, it can’t be argued that the monarchy was thrust upon us.
/--- The Queen was not given her position through a democratic process, she retains her position as head of state through constitutional inertia, more than anything. ---/
The Constitution IS the democratic means by which Elizabeth II is Queen of Canada. It is a law which was created in 1867, not rejected in 1982, and still not debated in 2004.
If a majority of the Canadian population were to find that a constitutional monarchy is indeed something truly offensive, then the Constitution would have to be changed to remove the Crown. There is a clause in the Constitution which allows this to happen.
Constitutional inertia will continue, with the monarchy riding along on it, until the People choose to alter its course. But the point is they have every freedom to do so.
/--- As for the Queen or her representative, the Governor General, serving as a means to protect us from a dictatorship – how exactly? ---/
The Constitution vests the Crown with the power to dissolve a government or dismiss a prime minister. Without this check a PM or government would have ultimate power, allowing them to alter laws to suit themselves and their motives.
There are many other checks and balances to a PM or government’s power, but sometimes a PM has control of so many seats in the House that a vote of no confidence will not work to bring him down, the Supreme Court can be stacked with controlled judges (there is already accusation of that happening), and so on. The Crown, however, as embodiment of the state, remains the absolute check on the PM or government.
Also, sometimes parliament will need an apolitical arbitrator to step in and resolve an issue which is preventing the government from governing. That is the Crown’s job.
It’s, of course, unlikely these types of thing would happen. But, the point is, it can. (In recent times King Juan-Carlos of Spain prevented a coup take over of the country's government.) So, though the Crown may not exercise these reserve powers very often, there do come moments when it is necessary (it has happened before in both Canada and Australia).
To use an analogy: we don’t want to have to use our fire-extinguisher, but we wouldn’t want to be without it either.
/--- The Queen, as far as I know, has never opposed things that were greatly unpopular in Canada. ---/
Such as what?
Remember, the Queen should not step into something political, even if it is unpopular. These things should be left to the politicians to resolve, not the Crown.
As I said, the Crown is there only for real crisis such as a government claiming victory with a fraudulent election, a government attempting to breach the Constitution, a government refusing to present a budget, etc.
However, I do know that in 1990, when Quebec separatism was at a fever pitch after the death of the Meech Lake Accord, the Queen did come to Canada, and though she did not outright criticize the separatists (after all, she must protect their democratic right to express themselves), she did, in many speeches, promote the maintenance of Canadian unity.
/--- The Governor General is appointed by the party in power and rubber stamps government legislation. ---/
Mmm…. Not quite true.
A person to fill the post of governor general is recommended by the prime minister, and the Queen officially appoints them.
The governor general, as representative of the Queen, has the power to refuse to give Royal Assent to legislation.
Just because it has not happened recently, as far as I know, does not mean it cannot happen. It has been done before.
/--- If the Governor General was elected by Canadians and was not affliated with a party, then you would have something approaching the protection Bambino asserts exists presently. ---/
Not necessarily.
Elections mean a competition between candidates. Affiliated with a party or not, this turns people running for the position of governor general into politicians. They will have to have election campaigns, platform promises, compete with each other for the position.
Whomever wins will not be approved by every Canadian, only those that voted for them. And, they will have donors who will have funded their campaigns.
When it comes to a time when they must step into a stalemate or resolve a crisis, how can they be trusted that they will not make a decision which benefits only those who voted for them, or worse, benefits those who donated funds?
A sovereign is trained from birth to be the head of state, and only owes their position to the constitution which places them there. They don’t have to compete for votes, sell themselves to the People any more than doing the best they can at their job, or appeal to donors for money.
That, to me, provides more protection than a politician.
/--- Government works from the people up? ---/
I believe so. If Canadians wanted things changed, then I think they would be. We can’t blame anybody but ourselves if things are not the way we like them.
Want the Senate to be elected? Lobby to get it changed.
Want MPs to have a stronger voice? Lobby to get it changed.
Want Canada to be a republic? Lobby to get it changed.
Just because we sit on our asses and let the government continue as it is doesn’t mean we don’t have the power to change it. I think we too often allow the government to feel omnipotent because we rarely challenge something we don't like.
/--- Regarding unbiased referendums. Be sure to direct that instruction to the government itself. ---/
Absolutely.
But, I suppose each side will have to have a bias.
What I was saying is that all the facts should be presented to Canadians, not made up stories or scare tactics (such as your “don’t destroy Canada” example).
/--- As for the Queen representing all Canadians, I have a separatist friend and a First Nations friend who would more than beg to differ. ---/
Perhaps they do.
But, ask them why.
It might be because of the same “British queen”, “foreign queen”, “Anglophone oppression” brainwashing that seems to affect a lot of people in Canada.
/--- But constitutional change is called a quagmire for good reason. I think most people are content enough with the situation to let it be, for now. I anticipate another stab at the constitution when the separatists move to hold another vote. ---/
Let there be as many stabs at the constitution as necessary to make Canada as good a country as it can be.
However, as I said before, change should come only from necessity, not simply for its own sake. And I have yet to hear a convincing reason why there should be a change towards a republic. Whatever problems there are in Canada – disproportionate representation, elected or unelected Senate, too much power in the PM’s office, etc.—none of these have to do with the Crown.