If Canada was to start with a "clean sheet of paper" to devise a governance system, no doubt the panel of experts in charge would look to all the systems in place worldwide, the topography/geograghy of the existing land mass, the population distribution, the existing 'social contract' between peoples and between people and government and apply the "best practises" to their design at should/could be adopted with the mininimum of dislocation as a secondary consideration.
They would likely devise a system of power-sharing, a Constitution, that was:
1) Specifically describe Sovereignty: the Source of all Authority and the "owner" of the country's assets;
2) Confederal in nature: it would provide for Provincial (local) and a General (universal) Governance;
3) It would clearly describe the superiority of the General Government's authority over the local (perhaps by the Executive Authority of the General Government retaining a veto over locals legislation that overstepped or was inconsistent with the Constitution);
4) It would describe the boundaries of existing Provinces and allow for the creation of new Provinces (from within existing provinces and from within the territories);
5) It would clearly line out aspects of Canadian life that would best be provided at the local level and those that would best be provided equally to all Canadians regardless of residency;
6) It would describe principles regarding taxation a) locally provided services shall be paid for by the local beneficiaries & b) pan-Canadian services shall be paid for by all Canadians .... or not; and specifically why not;
7) It would describe the Court system, the principles of Jurisprudence and the minimum levels of freedom that a Canadian can expect i) at home; ii) in public; iii) at work and at recreation; iv) before the courts; v) incarcerated; vi) after being incarcerated; vii) after being exonerated and a few more that I'll leave to others;
8) It would describe the political system, the process of selection/election for public office, the Oaths of Allegiance/Loyalty/Fealty due to the source of Sovereignty and penalties for violating that 'profession'.
9) At the General level, the bicameral system of Legislative Power and representation will likely be proposed:
- i)(a) a Lower House open to everyone and anyone who holds citizenship (all commoners) that would gather to parlay all the points of view from across the country;
- i)(b) Members of the Lower House will be alloted a fully-taxable, inflation-adjusted $500,000.00 per annum from which they will pay all their expenses and their superannuation;
- i)(c) there might be a National Legislative Council of Commons Ministers (at 7.5% bonus-to-basic compensation) drawn 1/10th proportionately from the elected membership of the Lower House, by party affiliation and with similar prorata representation for independents (rotating basis);
- i)(d) 50% of The National Legislative Council of Commons Members would hold exofficio positions in the Privy Council (at an additional 7.5% bonus-to-basic compensation), but not chair the Privy Council, any of its committees or sub-committes;
- ii) (a) an Upper House as a chamber of sober second thought to "double" represent the interests of taxpayers and property-owners.
- ii)(b) An inflation-linked qualification AND disqualification means test (with corresponding special Oath re: colourable or collusive acts to pass the means test -see Schedule V as a guide) should be an integral of this distinctive Upper House.
- ii)(c) Membership in this Upper chamber should come equally from the "Economic Regions/ Cultural Divisions" of Canada namely: PEI & Nova Scotia & New Brunswick, Labrador & Newfoundland, 1867-1911 Quebec, 1867-1911 Ontario, the North of 1912-2012 Ontario and Quebec, Manitoba/Saskatchewan, Southern Alberta, Athabaska District, Southern BC, Northern BC, with one represenative from each of the Territories and each of the 25 largest metroplitan cities (until they become provinces and become considered as an "Economic Region/Cultural Division" and gain an equal pro-rata representation share on that basis.
- ii)(d) Members will be compensated on the same basis as Lower House Members and be eligible to sit on the Privy Council (at 15% bonus-to-basic compensation) but not chair the Privy Council, its committees or sub-committees.
10) At the General Level, an Executive Power of permanence and sustainability would likely be proposed:
i)(a) Headed by a Presider or General-Governor selected by at-large election, whose Office embodies the wealth and depth and breadth and spirit of Canada and whose Office holds the powers to Assent to recommended General Level Legislation on behalf of Canada, to withhold Assent to General Level Legislation or to Reserve Judgement on General Level Legislation pending a binding pan-Canadian Referendum.
- i)(b)The decisions of the Presider/GG are the decisions of that Officeholder individually, either with or without Advice of the Privy Council or with or without the Advice and Consent of the Privy Council.
- i)(c)The decisions of the Presider/GG are final and un-appealable in the courts, although within any Parliamentary Session, any Legislation that had Assent Witheld, can be re-recommended to the P/GG after having been re-passed unaltered by a 66.67% Majority of both of the Legislative Houses.
ii) The Presider or General Governor will be assisted by a Privy Council of the Sovereignty of Canada in supervising, vetting and approving the recommendations of the Legislative Power. Members of the Privy Council (in addition to the ex officio members from the Legislative Power) will be appointed for Life by the Presider/GG of Canada and be forever available for Advice once their term expires. Each non ex-officio member of the Privy Council will be compensated at the 15% bonus-to-basic rate as the Legislative Members during their maximum 7 year term
iii) The Presider/GG retains the power to disallow any Provincial Legislative Bill for any reason with the Advice and Consent of 66.67% of the Privy Council
TBC
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