A Necessary investigation of two constitutions:

Before embarking upon a comparative study of these two systems, it must first be noted that Canada has no explicit single constitution. It has a list of “founding documents” which include the Quebec Act of 1774 included among the intolerable acts of the 13 colonies[2], the Act of 1791 that established Upper and Lower Canada, the failed Act of Union of 1840 and the British North American Act of 1867. The later was established as a response by a bankrupt British oligarchy to keep Canada from developing a real constitution modelled on that of Lincoln’s USA after the British-run Confederacy operation failed in its attempted dissolution of the Union with Lincoln’s victory in 1865[3]. While this Act lasted another century, a final Canada Act passed by an order in council in the British and Canadian Parliaments in 1982, now called The Charter of Rights and Freedoms, was added to the mix of legal documents. Many believe (falsely) that this document is now the sole Canadian Constitution.

In the case of the United States, two founding documents exist, amended over time, but unchanged in principle. These are the Declaration of Independence (1776) and the Constitution (1787). Just as Abraham Lincoln argued that the Declaration of Independence and Constitution were to be viewed as one doubly connected document, so too will we here.

The American Declaration of Independence begins with the words:

“We hold these truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness- That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed, that whenever any Form of Government becomes destructive of these Ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its Foundation on such Principles, and organizing its Powers in such Form as to them shall seem most likely to effect their Safety and Happiness.”

In the midst of a laundry list of rights granted by order of the Queen, we find article 7 of the Canadian Constitution of 1982 that reads;

“Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.” And then a little later, in article 15: “Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability”.

After a comparative reading, a nominalist would conclude that both systems are almost equivalent. The right to life, and liberty are to be found in both, as well as the acknowledgement of individual equality. So why is the Canadian Constitution vastly inferior to its American counterpart? To answer this, it is useful to pose another question, namely, what is the source from which these rights are derived in both cases? In the case of the American system, such rights are deemed self-evident and inherent in the soul and as such to be given or taken by no mortal as one would treat a physical object. In the Canadian Constitution, a very different beast rears its head. These rights are granted to the people, as a form of legal contract! While souls cannot be made null and void based on whim and circumstance of a dictator, a contract always can. If the source of Canada’s true director is still ambiguous to the reader, let them merely refer to the last article (62) of the act; “This Act may be cited as the CONSTITUTION ACT, 1982, and the Constitution Acts 1867 to 1975”

It is here that the cat is let out of the bag. The Constitution Act of 1982 did not replace the longstanding British North American Act of 1867 as most Canadians have been led to believe. Rather, the Act of 1867 was merely amended, and renamed, though its principles and intent never repealed. Thus, let us see what the 1867 constitution establishes clearly in its preamble, as the true purpose of Canada:

Whereas the Provinces of Canada, Nova Scotia, and New Brunswick have expressed their Desire to be federally united into One Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a Constitution similar in Principle to that of the United Kingdom: And whereas such a Union would conduce to the Welfare of the Provinces and promote the Interests of the British Empire”

There it is. The rights of people in Canada are presumed to be derived from the “fount of all honours” otherwise known as the monarchy, while Canada’s stated purpose is nothing more than to “promote the interests of the British Empire”! Looking towards the geopolitical dynamics of Canada’s history, one is struck that not one ounce of blood was ever dropped for liberty in establishing our founding documents, and for that reason, no honest liberty was ever won. Only a cheap counterfeit for liberty prances around the Canadian soul calling herself “comfort”, or the freedom to ”go along to get along”.

Let us compare this with the “mission statement” of America by looking at the preamble of its Constitution:

“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquillity, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

The liberty derived from this idea is a far different matter than the thing roaming around with the same name in Canada. The fact is that nowhere in the U.S. founding documents do we find that the republic is at all a party system, nor even a democracy, but rather a democratic republic, designed explicitly around the principle of the General Welfare, not only for present generations, but into infinite posterity. That is an idea of freedom worth fighting for.

Canada’s founding documents were modelled explicitly on the British geopolitical doctrine known as balance of power, derived from the bestial social program of each against all. The absolute power of a monarch using her appendages of the Privy Council and Governor General must “counter balance” the power of an unelected House of Lords representing the aristocracy and nobility (in Canada known as “The Senate”) who in turn “balance” the power of the those elected by “the commoners” known as the House of Commons. The Commoners must not be allowed to decide their destiny on principle, but only according to a perverted form of group think known as “party politics”.