Quo Warranto - DOC - DOC by MaryJeanMenintigar

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									The means to implement the Constitution Act in accordance with
constitutional principles without disrupting the government of Canada.

The Quo Warranto is a very old Common Law recourse whose objective is to remove
from office a person who does not possess the authority to exercise it.

The objective, however, is not simply to remove the senators from office. It is to
implement the Constitution Act in accordance with constitutional principles in an orderly
fashion so as to cause no disruption in the government of Canada.

The key to achieve this objective lies in section VIII of the Queen’s letters patent
constituting the Office of the Governor General of Canada. Section VIII provides that if
the Governor General is incapable of exercising office, the Chief Justice of the Supreme
Court of Canada becomes « Our Administrator » vested with the powers and authorities
of the Governor General.

The primary duty of the Governor General is to sanction the exercise of the Sovereign
Prerogative. In other words, it is to confirm the authority by which the executive
government purports to act on behalf of the people in the administration of their
government.

In general, the matters over which our federal government has jurisdiction according to
sections 91 and 92, is a function of them not being of a purely local nature. Thus to
sanction a federal law, the Governor General must obtain the advice of the provinces that,
every matter governed by that law is not of a purely local nature. Because the Senate,
representing the provinces, is not represented in the Governor’s Council, the Governor
General is incapable of lawfully sanctioning the law of Canada according to section 91 of
our constitution.

Furthermore, one of the main functions of the Governor General of Canada is to facilitate
the conciliation of the local interests of the people represented in the Senate with their
general interests represented in the House of Commons. The arbitration of the Governor
General is part and parcel of Canada’s federalism which was defined by the Supreme
Court as the mechanism or the political process permitting the conciliation of the unity
with the diversity of Canada. Under Common law, to arbitrate the differences between
two parties, the arbitrator must be authorized by both to exercise office. Because the
Governor General is appointed upon the sole advice of the Leader of the House of
Commons, he/she is lawfully incapable of exercising office.

The means to implement the constitutional framework conceived by Confederation and
established in law by the Constitution Act, which guarantees the Responsible
Government of Canada, would be as follows:

1. Request that the Supreme Court of Canada recognize that neither the senators nor the
   Governor General possess the authority to exercise the functions of their office;
2. Request that the Supreme Court of Canada recognize that the powers and authorities
   of the Governor General of Canada have devolved to the Chief Justice due to the
   incapacity of the Governor General to exercise office;

3. Request that Our Administrator summon the Lieutenant Governors of the Provinces
   to present to him/her the choice of senators representing their province « so that all
   [provincial] parties may as nearly as possible be fairly represented” in accordance
   with the 14th resolution of Confederation;

4. Request that Our Administrator summon Parliament to submit the names of three
   candidates willing and able to exercise the powers, authorities and functions of the
   Office of the Governor General of Canada.
.

Vincent Pouliot

								
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