Order-in-councils 22

Essential Knowledge Needed to Grow a Democracy  – Part 22


Here is a little known procedure that is used in Canadian politics, that a cynic as myself, is very leary of. Can an Order-in-council procedure be used by Government as a backdoor to altering the intend of a bill that was passed in Parliament with an agreed intent by the peoples’ representatives?

Here is the definition of Order-in-council, as found in the Canadian Encyclopedia.

Order-in-council, at the federal level, is an order of the GOVERNOR GENERAL by and with the advice and consent of the Queen’s PRIVY COUNCIL for Canada. In fact, it is formulated by CABINET or a committee of Cabinet and formally approved by the governor general. Some orders simply make appointments. About a third are legislative, forming part of the law and enforceable by the courts. Most legislative orders are made under authority expressly conferred by ACT of Parliament. With the expansion of state activity in recent decades (public ownership, state regulation of industry, social security), it has become impossible for Parliament to legislate directly and in detail to meet complex and varying problems, and more and more Acts are cast in general terms and empower the governor-in-council to make regulations to carry out the intent of the legislation.

Such regulations on, for example, unemployment insurance, fisheries and aeronautics, now form an enormous part of our law. They are called “subordinate legislation” because they are made by the governor-in-council, subordinate to Parliament, and are subordinate to, and limited by, the Act which authorizes them. A few legislative orders are based on royal prerogative (the relatively small remainder of the SOVEREIGN’s ancient lawmaking power) but are limited by the content of the particular prerogative which confers the power to make them (see ADMINISTRATIVE LAW). Provincial orders-in-council – orders of the lieutenant-governor-in-councils – are similar to federal ones.



About pushinback

Back in 1993, I attended an anti-Nafta rally in Ottawa along with over 110,000 others. But despite the overwhelming opposition to NAFTA, the steamroller rolled on. It was there that I came to understand the one vital thing that I have been preaching ever since. There are so many issues, and so many fighting each issue, we are all spinning our wheels, and wasting our time, talents and energy, because each election, we give the politicians our power and so the deck is stacked against us. I said it that day and I say it with more fervency today. We all have one issue that we share, and we should all stop fighting for our own issues and losing anyways, and we should fight to achieve that one thing that we all share. We Canadians all have to fight to finally get a say between elections. We need to fight to make politicians accountable to us, the people. If there is no accountability, and the people have no say between elections, we have no Democracy. My Blog is written to teach the reader the essential knowledge of freedom and Democracy. Please read, and learn. I am one person, but I leave you my witness that one person is not powerless, only first you must first learn and then act. Let the democratic revolution begin. Kindest regards, Rob McQueen
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