Is Canada a parliamentary democracy and a constitutional monarchy? The governor-general says on her website that she is the defacto head of Canada, and it is PRESUMED that the Queen is the De jure head of state … what if there is no de jure head of state? With the Statute of Westminster 1931 each province was declared to be its own nation and parliament was to be disbanded, a constitution formed and ratified by each man and woman in each province giving their consent to be a part of Canada. However, as that was never done, each province and Canada remains, to this day, in a state anarchy.
http://www.saltspring.com/bobmcginnwalter_kuhl.htm
Delivered in the House of Commons on Thursday, November 8, 1945, by Mr. W. F. KUHL
“Legally, Canada is in a state of anarchy, and has been so since December 11, 1931. All power to govern in Canada since the enactment of the Statute of Westminster has resided with the provinces of Canada, and all power legally remains there until such time as the provinces sign an agreement and ratify a constitution; whereby, they delegate such powers as they desire upon a central government of their own creation. Since December 11, 1931, the Parliament of Canada has governed Canada on assumed [DE FACTO?] power only.”
Dealings with De Facto Governments
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Note: This OP 7.30 replaces OP 7.30, dated November 1994. Questions may be addressed to the Chief Counsel, Operations Policy.
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1. A "de facto government" comes into, or remains in, power by means not provided for in the country's constitution, such as a coup d'état, revolution, usurpation, abrogation or suspension of the constitution.
From recent evidence presented to the High Court of Great Britain by the movement to nullify the false Australian constitution and government (March 6/03), "the Queen is a Public Servant. She is a part and parcel of the United Kingdom Parliament, and consequently she does not hold any Executive Authority over Canada, nor has she ever had any Executive Authority over over Canada.?
How can the Queen be a constitutional Monarch in Canada, when as an independent State, we have never set-up a Monarchy; nor, have we set-up an Act of Secession?
The Statutes Revision Act of 1893 (BR.) rescinded Section 2 of the BNA Act 1867, the Secession right of British Monarchs provision for Canada. The Privy Council has replied in writing:
"The Queen cannot by British Law, hold a Constitutional or Executive Position in other than the United Kingdom. The Privy Council has confirmed, that as the British Parliament has no Executive Authority over Canada, therefore the Queen cannot have any authority over Canada."