|
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 for making Canada an independent
nation, well sort of, as Britain retained control of Canada through by
means of Britain's financial system.
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 all Canadian Provinces. But, 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.
.
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. Canadians were still controlled bt the British financial system, though their dollar was called a Canadian dollar. . In this document, England gave
up her rights to her colonies. In Canada the colonies were the Provinces,
collectively called the Dominion of Canada.
.
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'). . 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, but the provinces never got rid of the British financial system of contro, by debt and income and other taxes. The original American states were the same, even though they had created the original US Constitution, the Articles of Confederation, not the one we see today..(*) . 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." . 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 (created in 1913 in 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. 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 so. Looks to me like Ottawa's policy then was 'let 'em stay in the dark' and they'll assume the money system they use is legitimate. . 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? Let them think they are now independent,
when without their own money system they really were not.
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.).
|
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) WHEREAS
the delegates to His Majesty's Governments in the United Kingdom, the
Dominion of Canada, the Commonwealth of Australia, the Dominion of New
Zealand, the Union of South Africa, the Irish Free State and Newfoundland,
at Imperial Conferences holden at Westminster in the years of our Lord
nineteen hundred and twenty six and nineteen hundred and thirty did concur
in making the declarations and resolutions set forth in the Reports of
the said Conferences:
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 Lords Spiritual 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 ...' ) . 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. . 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:
3. It is hereby declared and enacted that the Parliament
of a Dominion has full power to make laws having extra territorial operation.
England here
is divesting herself
of her Dominions, yet ensuring those Dominions will carry on with Britain's
financial systems control. Why? Because she still would hold control over
them through ways that on the surface appear inoffensive - financial.
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.
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.
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.
(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)
. 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)." |
