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Cabinet shuffle a minor change; instead the minority Canadian government must end functioning as a majority government PDF Print E-mail
Justice News
Tuesday, 14 August 2007 01:06

2007 august 14

Cabinet shuffle a minor change; instead the minority Canadian government must end functioning as a majority government

PEJ News - Joan Russow - Global Compliance Research Project. A cabinet shuffle will not result in a minority government no longer functioning as a majority government and it will not result in ending the negotiation of the Security and Prosperity Partnership SPP because the signing and ratifying of this agreement would require accession by only the Prime Minister and cabinet. When the party in power forms a majority government, the failure to bring an international treaty, convention or agreement to parliament is egregious enough, but when the party in power forms a minority government, the simple constitutionally requirement to ratify a treaty, convention or agreement simply through Cabinet is a serious front to democracy.


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A cabinet shuffle will not impact on Canada’s failing environmental standards; its belligerent invasion and occupation in Afghanistan; its violation of civil and political rights through racial profiling, through the anti-terrorism act, through the no-fly list; its support for the continued mining of uranium and for NATO and for NATO’s first strike nuclear policy; its insidious increase in the defence budget and increased military posture; its promotion of nuclear energy to service US oil wants in the oil sands; its undermining of food security in Canada and abroad by producing and distributing genetically engineered food and crops; its granting of charitable status to so-called charitable organization such as the Fraser Institute; its reluctance to achieve .7% of the GDP for Overseas Development Aid, etc.

It will also not result in a minority government no longer functioning as a majority government and it will not result in ending the negotiation of the Security and Prosperity Partnership SPP because the signing and ratifying of this agreement would require accession by only the Prime Minister and cabinet. When the party in power forms a majority government, the failure to bring an international treaty, convention or agreement to parliament is egregious enough, but when the party in power forms a minority government, the simple constitutionally requirement to ratify a treaty, convention or agreement simply through Cabinet is a serious front to democracy.

The leaders of Canada, Mexico and the US should cancel the meeting in

Montebello and reflect , on the fact that one of them

leads a minority government, another one was elected in an election still under

dispute, still another is rapidly descending in the polls, They should

also reflect on the fact that all three come from rogue states that

have generally shown disrespect for international peremptory norms.

Instead of further negotiating the SPP which further entrenches the

dereliction of duty towards these norms, they should establish a North

American Compliance Court where citizens can take evidence of state

and corporate non-compliance, and where, in the absence of compliance,

charters and licences of corporation can be revoked.

SPP et al should be declared to be null and void

Under Article 53 of the Convention on the Law of Treaties

conflicting with a peremptory norm of general international law (jus

cogens)

"A treaty is void if, at the time of its conclusion, it conflicts with

a peremptory norm of general international law. for the purposes of

the present convention, a preemptory norm of general international law

is a norm accepted and are recognized by the international community

of States as a whole as a norm from which no derogation is permitted

and which can be modified only by a subsequent norm of general

international law having the same character."

Undoubtedly, the more the SPP, along with its tangential institutional

arrangements (SPP et al) is entrenched, the more the Conservative

minority government will be undermining democracy in parliament.


The SPP Summit in Montebello must be cancelled, the SPP be declared null and void and its subsidiary the North American Competitive Council (NACC) must be abandoned and in its place established North American Compliance Court (NACC) for citizens to take evidence of state and corporate non compliance with peremptory norms, and to provide a remedy among other of revoking charters and licences of transnational corporations.

If, however, Bush does decide to come to Canada, he should be detained under the Anti-terrorism Act, processed in Montebello, and held until he can be moved to an international tribunal set up, by the UN General Assembly, under article 22 of the Charter of the United Nations, and tried for crimes against the peace.

Last Updated on Wednesday, 29 July 2015 13:05
 

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