Constitution and its Law in Canada
Canada

Constitution and its Law in Canada

An act of the merging of Canada, Nova Scotia, and New Brunswick and the government aforesaid; and the motive connected therewith.

The territory or region of Canada, Nova Scotia, and New Brunswick have to communicate their aspiration to be civil or federally United into one supremacy under the Crown of United Kingdom of Great Britain and Ireland, with the rules and regulations is similar in principle or proposition to that of the United Kingdom; and although such a territory union would assist or help to Welfare of the territory or provinces and promote the scrutiny and interest of British Kingdom:

Although on the enactment of the union by jurisdiction or authority of assembly or parliament it is expedient, not only that the rules and regulations or constitution of legal authority or legislative jurisdiction in the supremacy be provided for, but also that the wide scope or nature of decision-making government therein be declared. Although it is beneficial that provision is made for the final admission into the merging or union of other portion of British North America:

Declaration of Association

It should be legal for the queen, by and with the faithful guidelines of her authority or of her Majesty’s most Honest Privy Council, to announce by Decree or Proclamation that, on after a day therein scheduled or appointed, not being more than 6 months after regulating this act, the territory of Canada, Nova Scotia, and New Brunswick shall form and be the number one supremacy under the circumstances of Canada; and on and after that day those 3-day territories or provinces shall from and be the one supremacy under the name appropriately. More or less it is otherwise implied or expressed, the Name Canada shall be mean to Canada as constituted or regulated under this act.

Canada is divided into four territories, named New Brunswick, Nova Scotia, Ontario, and Quebec. The portion or parts of the territory of Canada which earlier enacted or constituted independently the territory of Upper Canada and Lower Canada shall be considered to be served or provided, shall from two different territories. The part which earlier regulated in Upper Canada shall constitute the territory of Ontario, and the part which earlier regulated the territory of Lower Canada shall constitute the territory of Quebec. The territory of Nova Scotia and New Brunswick shall have similar jurisdiction as at the regulating of this Act.

In the common statistics of the Population of Canada which is hereby required to be taken in the year 1871 and that also in every 10th Year subsequently, the specific Population of the four territories shall be illustrated or distinguished.

Power of Administration

  1. The administration government and the jurisdiction or Authority of Canada are hereby to announce to continue and be placed or vested in the Queen.
  2. The equipment or provision of this act is to refer to the general governor extend and apply to the Governor-General for being in Canada, or the Chief Administrator or Chief Executive officer for the time which is carrying on the Government of Canada in favor and the name of the Queen, by any of the Title he is nominated.
  3. There should be a board to support and guide in the Government of Canada, to be designed the Queen’s Privy Council or board for Canada; and the persons who are the organ or members of that council or board shall be from time to time summoned or challenged by the Governor-General and promise in as Privy Councillors and members thereof may be timely eliminate or removed by Governor-General.

All the Functions, Powers and Authority which under this Act of the assembly or parliament of Great Britain, or of the Assembly or Parliament of United Kingdom of Great Britain and Ireland, or of the legal or judicial of Upper Canada, Lower Canada, Canada, Nova Scotia, or New Brunswick, are at the association that vested in or regulated by the appointed Governors or Lieutenant Governors of respective territory, with the Advice or guidance, or with the consent of the appointed boards administrator thereof, or in concurrence or coincidence with those boards of Council, or with any number of body or members thereof, or by those governors or Lieutenant Governors specifically, shall as far as the similar to continue in alive and able of being regulate or exercised after the association in relation to the Government of Canada, be vested in and perform by General Governor, with the guidance or with the consent of or in concurrence and conjunction with the Queen’s Privy Council for Canada, or any body thereof, or by the General Governor individually, as the case need or requires, subject matter or nevertheless to be put an end to or altered by the parliament of Canada.

The amenities of this act is to refer to the General Governor in Council shall be interpreted or analyze as the mentioning to the General Governor acting by and with the guidance of the Queen’s Privy Council for Canada. It is lawful or legal for the Queen, if her Dignity or Majesty thinks suitable, to sanction the General Governor timely to appoint any member or any member jointly to be his assistant within part of Canada, and in that capabilities to exercise during the satisfaction of the General Governor such of the Powers, Functions, and Authorities of the General Governor as it is said to be necessary to appoint to him or them, subject matter to limitations or Directions implied or given by the Queen; but the meeting of such assistant or deputy shall not affect the regulation or exercise by General Governor himself of any Function, Power or Authority. The order in chief and command-in-chief of the land Navy Military and all of Navy and Military forces, of and in Canada, is declared to continue and supply or vested in the Queen. Until and unless the Queen directs the position of Government of Canada shall be Ottawa.

Legislative or Legal power

  1. There shall be only one Parliament for Canada, considering of the Queen, an Upper House designated the assembly, and the House of general or commons.
  2. The advantages, indemnity or immunities and power to constitute, enjoyed and exercised by the assembly and by the House of general or commons, and by the members thereof specifically, such as timely defined by the Act of Parliament of Canada, but so that the Act of  Parliament of Canada distinguished such advantages, indemnity or immunities and powers shall not communicate any advantage, indemnity or immunities or power considering those at the regulation of such act held, enjoyed and regulated by the general or common House of Parliament of the United Kingdom of Great Britain and Ireland and by the members thereof.
  3. The assembly or parliament of Canada shall be said or stayed together for a maximum of six months after the association.

Numbers of legislators or member of parliaments

  1. The legislators or members are subject to the provisions of this said act, considering 105 members, who shall be designated as legislators.
  2. In the concept to the rules and regulations or constitution of legislators, Canada shall be considered to consist of four divisions: Ontario, Quebec; the maritime territory, Nova Scotia and New Brunswick and the Edward Island; The westward territory of Manitoba, British Columbia, Saskatchewan, and Alberta, which should be represented equally in the legislature as followed by under
  3. Ontario by 24 legislators or ministers;
  4. Quebec by 24 legislators or ministers;
  5. The maritime territory and Prince Edward Island by 24 legislators or ministers;
  6. Thereof, 10 representing Nova Scotia and 10 thereof, representing New Brunswick
  7. 4 representing Prince Edward Island;
  8. The westward territory by 24 legislators or ministers; 6 thereof representing Manitoba
  9. Thereof, 6 presenting Alberta;
  10. Newfoundland should represent or be entitled to 6 legislators or ministers; the Yukon provinces and territory, the northward provinces or territory and Nunavut should represent in the Parliament by one legislator or ministers each.

Qualification of legislators or ministers/members

  1. He shall attain the minimum age of 30 years;
  2. He shall be native-born in the subject matter of the Queen, or a subject matter of naturalized by an act of the assembly of Great Britain, or of the assembly of the United Kingdom of Great Britain and Ireland, or the legislature or assembly of one of the territories of Upper Canada, Lower Canada, Canada, Nova Scotia or New Brunswick, before the association, or of the assembly of Canada after the association;
  3. He shall be lawfully or legally possessed as goods of his utilization and advantage of lands should be held in free and general socage, or possessed for his use or utility and benefits of lands, within the territory for which he is designated or assigned, of the value of 4000 dollars, including all Rents, Debts, Mortgage, Dues, Charges and Claims due charged or payable on the same.
  4. His actual property shall put together for a worth of 4000 dollars include his Debts and responsibilities or liabilities;
  5. He shall be said to be the resident in the territory for which he is hired or designated/ appointed;

Process of legislators or ministers/ members

The General Governor shall timely, in the Name if Queen’s, by bond under the Great Seal of Canada, qualified persons to the legislators or ministers; and the subject to the territory of this act, every member so summoned shall become a member of the legislation or assembly/ Parliament.

Limiting of legislators or ministers to normal numbers

  • In the concept of such counting being timely made, the General Governor shall not entertain or summon any member of the assembly or parliament, except on proceedings like assigned by the Queen on the recommendation, to constitute one of four divisions until and unless such division is constituted by 24 legislators or ministers and no more.
  • The counting of legislators or ministers shall not exceed more than 130. Subject to subsection (2), legislators or ministers to the territory of this act hold their place in the assembly or parliament for life.
  • Legislators or ministers who are summoned to the assembly or parliament after enforcement of this subsection shall, subject to the said act, hold the position in the assembly or parliament until and unless he attains the age of 75 years.
  • Legislators or ministers may in the form of a written statement to the General Governor resign his position in the assembly or parliament, and thereupon the same shall be vacant for others.

Disqualification of legislators or ministers/ members

  1. If for two succeeding sessions (in a row) of the assembly, if he fails to attend in parliament shall be disqualified;
  2. If he takes a pledge or make declaration of loyalty or faithfulness, respect or duty towards the foreign power or authority, or does something where he becomes a subject matter or citizen to the rights or advantage of a citizen, of a foreign strength, shall lead to disqualification of his position;
  3. If he is adjudicated  insolvency or applies for the benefit of any law related debtors and highlight as a defaulter, then his position should be disqualified;
  4. If he attains of disloyalty or betrayal of assaults like murder, offense, rape, robbery, violations, wrongdoing, burglary, etc. or any of the crime then his position shall be disqualified

Summons on vacant seats available in Assembly or Parliament

If the vacancy is open in assembly by any of the resignation of members, or death or otherwise in the assembly, then same shall by the summons of  General Governor to recruit a qualified person and fill the vacancy.

If any questions are raised in the respect to the qualification of legislators or ministers for the vacancy in the assembly or parliament, the same shall be heard and determined by the assembly or parliament.

The General Governor may timely by bond under the Great Seal of Canada, shall appoint legislators or ministers to be a speaker of the assembly or parliament, and may by his own remove him and appoint someone else instead.

Until and unless the assembly of Canada otherwise provides, the presence of a minimum of 15 legislators or ministers, including speaker, shall be compulsory to regulate a meeting of the parliament for the constitute of its powers.

If any questions arise in assembly or parliament, shall be decided on the majority of members voice, and then speaker of the assembly shall in all cases have a vote, and when the vote is equal the decision should be considered as negative.

Legislators or ministers shall not be able or allowed of being elected or able to provide his vote as a member of the House of general or commons.

District of four territories

Until and unless the assembly or parliament of Canada provides, Ontario, Canada, Nova Scotia, and New Brunswick shall for the purposive method of the elected members to serve in House Of Commons, shall be divided as per their electoral district:

Ontario

Ontario has been divided into Counties and its riding, cities, parts of cities, and towns that enumerates in the first schedule to this act, each should be an electoral district and each district has numbered in that schedule which is entitled to return one member.

Quebec

Quebec has been divided into 65 electoral districts, consider of in which Lower Canada is at the crossing of this act divided into two chapters which consolidate the Statutes of Canada and the act of territory of Canada of 23rd of the Queen.

Nova Scotia

18 counties of Nova Scotia is said to be an electoral district. The county of Halifax shall be titled to return if two members and the counties of each other to return one member.

New Brunswick

14 counties in which New Brunswick is divided including the cities and county shall be an electoral district. The state of St. John shall also be divided into the electoral district, in which every 15 electoral districts shall be titled to return one member.

Conclusion

The broad review has helped to begin and advance a national or legal conversation on the criminal justice system in Canada, its role, its function or structure, its set goals, and its capacity to provide on the priorities of Canadians. The government of Canada has already executed some reforms through legal during current necessities. The wide-ranging consultation and unity process around criminal justice system review has spotlighted the possibilities of realistic and long-lasting changes. Canadian peoples should justify by their rights and do anticipate a great working organization or administration that subsequently meets the needs of the prospect, keeps offenders liable, keeps their communities safe, and guard the vulnerable.