RESEARCHER’S COMMENT

These lectures by Barry Lee Strayer are a confession, even a boastful confession, of a coup d’état perpetrated on Canada in 1982.  This is not to say that all of Strayer’s statements in these “lectures” on the history and law of Canada’s Constitution are true; there are mixed signals and concealments in his text.  But the admission of the coup is true.  The coup d’état is a reality.  For the 1982 “Charter” is not a mere “addition” to the 1867 Constitution.  It cannot be pasted as an appendix.  It is a comprehensive and qualitative modification of the entire British North America Act, starting with the British North America Act of 1867.  It changes the character of parliament and legislative assemblies, which become non-sovereign entities, thus putting an end to the legal sovereignties of 1867 (as long as the coup is not contested, which can be done under the doctrine of laches, among others).

Strayer refers to the “new constitution” throughout his lectures.  But a “new constitution” is not a “constitutional amendment”.  An amendment is an adjustment; it does not destroy the basic institutions.  Yet Strayer gives these lectures precisely to say that there has been a coup d’état, a change of institutions, not an “amendment”.

Since the Trudeau regime used the allegation of a “constitutional amendment” procedure to conceal the coup, it can be challenged in a court of competent jurisdiction by reviewing the “unconstitutional amendment” in order to judicially nullify it retroactively.

This will re-establish the supremacy of the British North America Acts of 1867 and later, thereby restoring the right of Canada’s founding peoples to self-government on the soil of their ancestors who pioneered Confederation.