N o t e s
The Statute of Westminster,
December 11, 1931 finally
provided the freedom from Britain that Sir
John A. and so many
others after him had long desired. It was akin
to the earlier Treaty
of Paris. In this document not only did Britain give independence to
former colonies, including Australia, New Zealand, the Irish Free State,
South Africa and
Newfoundland,
but also to Canadian Provinces. The provinces are not obliged to Ottawa
because they have not formed a federal government, and the one that is
there since the Statute of Westminster, is there as the result of some
pretty devious.footwork.
Since this date, Canadians
are.no longer recognized
by Britain as British subjects, but rather are independent,
and by Eminent
Domain, possess the right to stay independent,
federate,
or form a union.
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By means of this document, Britain made the
Provinces eligible to be self governing.(no
longer colonies under a Dominion of Canada, controlled by Britain by means
of her BNA Act).sovereign
states, each in their own right, none were or are superior to the others.
Ottawa was never a colony. Ottawa never had Eminent Domain.
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In this document, England gave
up her rights to her colonies. In Canada the colonies were the Provinces,
collectively called the Dominion of Canada.
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This Statute of Westminster declared that the."Dominions
are autonomous
communities within the British Empire, equal in status, in no way subordinate
one to another in any aspect of their domestic or external affairs, though
united by a common allegiance
to the Crown, and freely associated.(friends).as
members of the British
Commonwealth of Nations."
The document provided for these now
autonomous communities to have a basis for legally forming their own parliaments,
and empowered them to reject any law the British Parliament left in its
trail.('in its trail' meaning
'expectation of successive things that come afterward').
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The day after this Statute was enacted, the Canadian
politicians, secretaries,
et
al, showed up for work as they normally would.
I mean, the buses still took them
to the same places for their work, the buildings were still there, the
paycheques would still be coming, the same faces were at their offices,
their work continued on from where they had left it when they went home
the previous afternoon, but from that moment to this day, the Provinces,
were absolutely, completely and totally supreme independent states in their
own right, just as the original American states were which framed
the true original US Constitution, the Articles of Confederation, not
the one we see today..(*)
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Individual colonies which were formerly under
the Dominion of Canada, once they were made free and independent sovereign
states, never understood enough of the impact of this document to do anything
meaningful regarding change. And of course, this would suit eastern central
control of all the Provinces just fine. 'Let 'em stay in the dark."
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Since that time the Provinces have not set aside
any land to be occupied by a federal government.(*).of
the Provinces creation, and a creation which, because of the way it
is possible to form it, represent what people in the Provinces have determined.
How? Citizens would relate their
ideas to representatives they have previously chosen and elected. These
elected representatives would in turn.re.present
(present
again).these desires of their electorate
in assemblies with other representatives. This would occur until a consensus
occurs. This may take a short time; so what, let's do it right).
The
US and others
have done it better and most of them have done it correctly, having given
land in order for Eminent Domain status to be possessed by the fed.
The individual sovereign states (Nebraska,
California, New York, Alaska, etc.) allow their creation, the fed (Washington,
District
of Columbia), to also exercise sovereign power on behalf of matters
of the nation.
Few people in Canada understood
enough of the impact of this document to do anything meaningful regarding
change, and, some of those who did, did all
they could to
circumvent
it. They either were threatened by it, or more probably, it just didn't
fit in with.their.design
for Canada, which would not have included the people setting up.their.country
the way.they.wanted
and now had authority to do. Looks to me like Ottawa's policy then was
'let 'em stay in the dark'.
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Section 2 (1.) and Section
2 (2.), when applied to the Provinces of Canada means the words 'Parliament
of a Dominion' and applies to the 'Legislature of any Province of
Canada'; as.now.(by
means of this Statute of Westminster) they have become sovereign.entities.
What other way could independence be
granted in more adequate language than that used to confer sovereignty
upon the Provinces of Canada?
Note that Newfoundland is mentioned as one of the
Dominions which has an equality of status no less than the others mentioned.
Today Newfoundland is one of the Provinces of Canada. Does Newfoundland
have a superior status to that of the other Provinces? Such is not the
case. The provisions of Section 2 apply equally to each and every Province,
the same as Newfoundland.
Sections 8,9 and 10 do not apply to Canada.
Section 11 talks of Acts of Britain up to this
time and from this time forward, will no longer be applicable.
The first page of the BNA Act was deleted sometime
after being presented in the British House of Lords and before it went
to their House of Commons for enactment.
So what does section 7. (1) mean? Imagine that
the
deleted page's words were still there, and again read section 7. (1.).
Get the meaning now?
It would not have been necessary
to repeal,
amend
or alter the fact of the document with the original words intact that."...they
have laws and regulations to guide them".
The delegates
from Canada wanted the BNA Act to be their.guide.in
creating a federal union, perhaps not fully understanding that it was never
created for this, and also, understanding that they had to tred very
carefully as Britain had the power over all Canada. The delegates request
was based upon the results of the
Imperial Conferences. They actually wanted Britain to know what they
really were desiring, a creation of their own design. But it was not to
be. Britain saw through it all and did what they did to ensure British
control over Canada would continue. If the first page of the BNA Act not
been deleted, Canada would have formed a federation of her own intentions.
That's what
England did to us! Conned us out of a union.(but
they did own us.then,
and weren't then about to give it up)..See
also
what Canada's prime ministers have done
to us as well.
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Why do provisions of section 2 extend to the provinces
of Canada and not to the States of Australia or to the States of South
Africa?
For the reason that the Commonwealth
or Federal Union of Australia, had been created by the States of Australia
to be effective from January 1, 1901.
And, the States of South Africa had
created the Federal Union of South Africa in 1909.
Both Australia and South Africa had
federated
their own.national.governing
bodies (federal governments), but until December 11, 1931, were still under
Great Britain's sanction..
As the lawyers
who drafted the Statute of Westminster knew and all constitutional authorities
agree, that no confederation of the Provinces in Canada had occurred.
It was imperative
that the Provinces of Canada should have an equality of status with the
other Dominions and no longer that of colonies, in order that they could
convene
a conference in Canada and create a federal union; something they couldn't
heretofore
do as their status was below that of the other Dominions.
This was discussed
in Canada in the House of Commons, Thursday November 8, 1945.
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The Statute of Westminster, 1931,
22 George V, Chapter 4.
An.Act.to
give effect to certain resolutions passed by Imperial
Conferences held in the years 1926 and 1930.(December
11th, 1931)
And whereas it is meet and
proper to set out by way of preamble to this Act that, inasmuch as the
Crown is the symbol of the free association of the members of the British
Commonwealth of Nations, and as they are united by a common allegiance
to the Crown, it would be in accord with the established constitutional
position of all the members of the Commonwealth in relation to one another
that any alteration in the law touching the Succession to the Throne or
the Royal Style and Titles shall hereafter require the assent as well of
the Parliaments of all the Dominions as of the Parliament of the United
Kingdom:
And whereas it is in accord
with the established constitutional position that no
law hereafter made by the Parliament of the United Kingdom shall extend
to any of the said Dominions as part of the law of that Dominion otherwise
than at the request and with the consent of that Dominion..(the
"established constitutional position" was that many of the dominions had
already federated {as explained in the column on the left here where it
talks about Section 2, close to the bottom}, yet were still under Britain.
It was a sort of 'pulling awat process'. Canada, however, was lagging way
behind the others)
And whereas it is necessary
for the ratifying, confirming and establishing of certain of the said declarations
and resolutions of the said Conferences that a law be made and enacted
in due form by authority of the Parliament of the United Kingdom:
And
whereas the.Dominion of Canada, the Commonwealth of Australia,
the Dominion of
New Zealand, the Union of
South Africa, the
Irish
Free State and Newfoundland have severally requested
and consented to the submission of a measure to the Parliament of the United
Kingdom for making such provision with regard to the matters aforesaid
as is hereafter in this Act contained:
Now, therefore, be it enacted by the
King's most Excellent Majesty
by and with the advice and consent
of the LordsSpiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:
(the King
at this time was a limited monarch; that's why it says 'by and with'; a
limited monarchy has reigned in England since Queen
Elizabeth I.(1508-1603).signed
away her rights to sovereignty. The King had no authority on his own
to sign this document, that why it says 'by and with the advice and consent
of ...' )
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1. In this Act the expression "Dominion" means
any of the following Dominions, that is to say, the
Dominion of Canada, the Commonwealth of Australia, the Dominion
of New Zealand, the Union of South Africa, the Irish Free State, and
Newfoundland.
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2..(1) The Colonial
Laws Validity Act, 1865, shall not apply to any law made after the
commencement of this Act by the Parliament of any Dominion.(Canada,
New Zealand, Australia, South Africa, etc.).
(2).(England
here saying that she's completely out of it now).No
law and no provision
of any law made after the commencement of this Act.(on
December 11, 1931).by
the Parliament of a Dominion.(or.the
Provinces.{as
section
7. (2) below imparts).shall
be void or inoperative on the ground it is repugnant
to the law of England, or to the provisions of any existing.('existing'
means it also would cover the BNA Act if it hadn't already been rendered
null and void.(*).or
future Act of Parliament of the United Kingdom, or to any order, rule or
regulation made under any such Act, and the powers of the Parliament of
a Dominion shall include the power to repeal
or amend any
such Act, order, rule or regulation in so far as the same is part of the
law of the Dominion.
(if a British
Act or a part of it is still being used after the enactment of this Statute,
and is unwanted, it can be gotten rid of or amended with no repercussive
effects from Britain; so, if the fed claims {and they will!} that the dead
BNA Act is stll valid and part of the law of this country, or that Trudeau's
'constitution' is in effect; by this, the Provinces then have the power
to rescind.any
law, as Section 7. (2) extends all this to the Provinces who
now possess Sovereign power, power to amend any act that is or may become
a law to affect them, and that they, the Provinces, have the authority
to do things by and for themselves)
When applied
to the Canadian Provinces,
Section 2 reads:
2. (1) The
Colonial Laws Validity Act, 1865, shall not apply to any law made after
the commencement of this Act by any of the.Provinces
of Canada, or to the powers of the.legislatures
of such Provinces.
(2) No law and no provision of any law made after the commencement of this
Act by the.legislature
of any Province of Canada.shall
be void or inoperative on the ground it is repugnant to the law of England,
or to the provisions of any existing or future Act of Parliament of the
United Kingdom, or to any order, rule or regulation made under any such
Act, and the powers of.any
of the Provinces of Canada.shall
include the power to repeal or amend any such Act, order, rule or regulation
in so far as the same is part.of
the law of such Province.
What it's
saying is:.if
Canadians don't like, want or feel they need, say, something like, say,
Trudeau's 'constitution', or any other laws or acts, they can say 'to hell
with them', and get rid of them.
As a federal
union is a "Union of Sovereign
States mutually adopting a Constitution", it was essential that the Provinces
should be granted their independence and sovereignty in order that they
could create a federal union. Britain knew this, as she wrote the Statute
of Westminster. Until creating a legal and proper federal union happens,
Canada is merely a geographical expression, not a We
The People entity,
but only a country by, as the Supreme Court called it, "by custom, convention
and tradition.".(*).
3. It is hereby declared and enacted that the Parliament
of a Dominion has full power to make laws having extra territorial operation.
4. No Act of Parliament
of the United Kingdom passed after, the commencement of this Act shall,
extend, or be.deemed.to
extend to a Dominion as part of the law of that Dominion, unless it is
expressly declared in that Act that that Dominion has requested, and consented
to, the enactment thereof.
England here
is divesting herself
of her Dominions. Why? Because she still would hold control over them through
ways that on the surface appear inoffensive - financial.
The only possible
legal Dominion in Canada at this time.(what
time?.–.the
time of the end of Britain's rule over Canada, and the end of the Governor
General's position as Britain's boss for Canada.(*).would
have been a federal union wholly
created by the people of the Provinces from their newly gained independence
and sovereignty
status. And since this 'dominion' was not then created.(and
has not since been created up to 2006), there
is no way anything could be legally requested from Britain. But the Trudeau
regime did! Therefore, his concocted
constitution is a total farce,
completely
inapplicable
for Canadians, and as such, invalid.
Trudeau, no
doubt, tried to justify.his
snow-job with this section, hoping no one would think that the 'Dominion'
mentioned above had absolutely no authority for further political activity
after the commencement of this Statute of Westminster.
5. Without prejudice to the generality of the foregoing
provisions of this Act, sections seven hundred and thirty five and seven
hundred and thirty six of the Merchant Shipping Act, 1894, shall be construed
as though reference therein to the Legislature of a British possession
did not include reference to the Parliament of a Dominion.
6. Without prejudice to a generality of the foregoing
provisions of this Act, section four of the Colonial Courts of Admiralty
Act, 1890 (which requires certain laws to be reserved for the signification
of His Majesty's pleasure or to contain a suspending clause), and so much
of section seven of that Act as requires the approval of His Majesty in
Council to any rules of Court for regulating the practice and procedure
of a Colonial Court of Admiralty, shall cease to have effect in any Dominion
as from the commencement of this Act.
7. (1)
Nothing in this
Act.(The
Statute of Westminster).shall
be deemed to apply to the repeal, amendment or alteration of the British
North America Acts, 1867 to 1930, or to any order rule or regulation made
thereunder..(this
specifies.essentially,
that the Statute of Westminster document had nothing whatsoever to do with
the BNA Act; that it wasn't trying to alter or amend anything in it, as
it was already a past Act)
These
BNA Acts.(plural
because they became a bit different from the original as various amendments
were added from time to time).were
Acts of Britain.(generally
referred to as just the 'BNA Act'), by which
they legalized everything they had done by authority of their act, and
putting a starting and an ending date on it.
The Statute
of Westminster so far up and away
supersedes
the BNA Act as to be incomparable.(*).(*).(*).
(Britain was
in consultation regularly with the Canadians over the impending
implementation of this Statute. Britain knew what was on the first page
of the original BNA Act that the Canadian delegation had drafted. They
had wanted a guide.(*).to
create their own federal union, and a
page vanished. Britain figured, in drawing up this Statute of Westminster
so many decades later after the BNA Act of 1867, that it was important
to give the Canadians what
they originally wanted.
It was essential to have the established processes remain in place, both
for the government existing in 1931, and for the support workers in Canada
that would still be there the
next day after this Act's deployment, still there busy managing the
country.(somebody
had to do it), and for guidelines to be utilized in the creation of the
federal
union that Canadians so long before had worked toward.
7. (2)
The provisions
of section two.(provisions
of Section 2 are: The Colonial Laws Validity Act, and, the jurisdiction.of.the
Provinces,.allowing
them to amend any act that is a law).of
this Act shall extend to laws made by any of the Provinces of Canada and
to the powers of the legislatures of such provinces
(Britain knew
the Provinces had wanted to federate
for ages by this time; they knew of all
the conferences that had taken place many months and years before,
and of Sir John A.'s desires also;
no doubt this was one reason they were so explicit
regarding the Provinces here; Britain knew the situation was different
in Canda than it was in her other Dominions like South Africa, Australia,
etc. who already had constitutions or were in the process of producing
them, so Britain gave special emphasis to the Provinces, the former colonies
united under the BNA Act into a Dominion of Canada; special emphasis to
let them know they were now Sovereign
and independent, and, because of having Eminent Domain, could federate
a proper federal union with rules the Provinces would agree upon for their
newly created federal government to follow)
(in addition
Britain expected a federation in Canada would be formed quickly, as the
Provinces were now legally qualified to give competence
to a federal government of their making; alas,
some 75 years later Canadians have yet to do so; how very sad!; but that's
what you get when you keep a populace so busy they have no time to find
out stuff in any depth to do something meaningful about it.–.part
of the snow-job?)
7. (3) The powers conferred
by this Act upon the Parliament of Canada.or
upon the legislatures of the Provinces.shall
be restricted to the enactment of laws in relation to matters within the
competence.(Provinces.never.gave
competence to Ottawa).of
the Parliament of Canada.(if
the federal union, a new Canadian Parliament, had been created by the Provinces
it would possess that competence).or
of any of the legislatures of the Provinces respectively.
Section 7,
3 refers to a framework for a federation,
where the independent
sovereign
Provinces can make laws completely on their own, or if they choose, they
can collectively form a federal union and headquarter the new Parliament
in say, Winnipeg, or whatever city they may choose.
Provinces were
the ones who had the 'competence' to give and could now create a federal
union (a Parliament in Canada that was new and of their creation), because
they were the.ones
qualified.to
create such a federal union. Ottawa at this time was no longer tied to
Britain. Since Ottawa no longer had legal competency forthwith
this Statute's enactment,
they figured they'd just carry right on with their cushy jobs controlling,
and taking advantage of parts of Canada foreign to central control areas.
With the help of a few cons along the way
to assist them in their plan, they still have not made known to the poeple
of the country the new found rights the citizens of Canada possess.
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8. Nothing in this Act shall be deemed to confer
any power to repeal or alter the Constitution or the Constitution Act of
the Dominion of New Zealand otherwise than in accordance with the law existing
before the commencement of this Act.
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9. (1) Nothing in this Act shall be deemed to
authorize the Parliament of the Commonwealth of Australia to make laws
on any matter within the authority of the States of Australia, not being
a matter within the authority of the Parliament or Government of the Commonwealth
of Australia.
(2) Nothing in this Act shall
be deemed to require the concurrence of the Parliament or Government of
the Commonwealth of Australia, in any case where it would have been in
United Kingdom with respect to any matter within the authority of the States
of Australia, not being a matter within the authority of the Parliament
or Government of the Commonwealth of Australia, in any case where it would
have been in accordance with the constitutional practice existing before
the commencement of this Act that the Parliament of the United Kingdom
should make that law without such concurrence.
(3) In the application of this
Act to the Commonwealth of Australia the request and consent of referred
to in section four shall mean the request and consent of the Parliament
and Government of the Commonwealth.
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10. (1) None of the following sections of this
Act, that is to say sections two, three, four, five and six, shall extend
to a Dominion to which this section applies as part of the law of that
Dominion unless that section is adopted by the Parliament of the Dominion,
and any Act of that Parliament adopting any section of this Act may provide
that the adoption shall have effect either from the commencement of this
Act or from such later date as is specified in the adopting Act.
(2) The Parliament of any such Dominion
as aforesaid may at any time revoke the adoption of any section referred
to in subsection (1) of this section.
(3) The Dominions to which this section
applies are the Commonwealth of Australia, the Dominion of New Zealand
and Newfoundland.
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11. Notwithstanding
anything
in
the Interpretation Act, 1889, the expression "Colony" shall not in
any Act of the Parliament of the United Kingdom passed after the commencement
of this Act, include a Dominion or any Province or State forming part of
a Dominion.
(in other words,
this Interpretations Act is also now null
and made void by this document, the Statute of Westminster)
(Britain here
saying that this Statute of Westminster document supersedes the Intrepretaions
Act as well as the BNA; in fact, all previous Acts having to do with British
control over her Colonies)
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12. This Act may be cited as the Statute of Westminster,
1931.
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.The Statute of Westminster,
December 11, 1931 finally provided freedom from Britain.
Mr. J.H. Thomas, Secretary
of State for Dominion Affairs, said of the Statute of Westminster as he
presented it for second reading in the British Parliament (page 1174, Orders
of the Day, November 20, 1931:."The
Bill which I presented to the House today is, in a sense,.the
most important and far reaching that has ever been presented to this house
for several generations. It marks the end of a long road.(BNA
now dead.(*).which
had its beginning when parliamentary constitutions were first established
in the overseas Dominions of the Crown, three centuries ago. It marks the
culmination
of a process of constitutional development which began long before
the war.(1914-1918
1st World War)."
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n d e x o f s i t e
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