There can be no liberty where the legislative and executive powers
are united in the same person or body or magistrates or, if the power of judging be not separated from the legislative and executive powers.
Montesquieu
1689-1755
1. Introduction
Canada’s 1867 Constitution places almost all the trust and power of government in the hands of federal Prime Ministers and provincial Premiers. That arrangement does not qualify us as a democracy. To become one, we must have a division of authority between the head of the executive branches controlled by Prime Ministers and Premiers and the elected legislators who represent the people.
This and following postings outline how we can achieve this desirable democratic status. Without that accomplishment, Canada will remain an autocratic state with touches of democracy here and there.
2. The American model
I make no apology for recommending many American constitutional principles. They will help convert Canadian governments from autocratic to democratic rule.
In 1791 the constitutional rights of individuals became part of the American Constitution in its Bill of Rights. About 191 years later in 1982 Canadians received similar rights by the passage of our Charter of Rights and Freedoms. Let’s not wait another 191 years after Canadian confederation in 1867 to get a democratic Constitution.
3. Inspirational language
In 1867 Canadian politicians gave British parliamentary draftsmen a brief summary of the important features they wished included in the BNA Act. Its final form is like any ordinary statute lacking statements of hope and aspirations. Nor did it make Canada independent of Great Britain. It just raised Canada’s status a bit above that of a British colony. Embarrassingly, a section of the 1867 Act still gives the British government the power to disallow federal Canadian statute laws within one year of their making.
A new Constitution must have words that inspire Canadians, not just words used by Parliamentary drafters. Framers of the Constitution should include eloquent statements of democratic principles for all Canadians to read before the final draft is circulated. Once accepted by a Constitutional Convention, the draft must be approved by a vote of the people or by a vote of their representatives.
It will not be just a statute of the British or Canadian Parliaments. Rather, it will stand independently as a document approved by the Canadian people binding upon all law makers and every citizen.
4. Opposition to change
Besides the natural reaction of most people to change, politicians and others in high office tend to resist it more feverishly. They naturally favour the status quo since it allows those in command to exercise power, relatively free of constitutional restraints.
Opposition parties seldom criticize the system. Apparently, they want it left intact so if they achieve power, they too can then impose their will on the people arbitrarily.
Through the collective good sense of the Canadian public these politically entrenched attitudes can be overcome.
4. Schedule of postings
Three main topics highlight the following debate. They are:
• The position and authority of Prime Ministers and Premiers
• The organization and authority of legislators
• The role of the judiciary
Others might get added.
25 June 2009
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