Sunday, 3 April 2011

A New Constitution for the People of Canada

An Open Letter To All Loyal Canadians          

Dear Loyal Canadians,

I LOVE CANADA!  I love Canada and all its people.  I want to make that crystal clear in your minds before we go any further.  It is with this love for my country and its people that I have felt it necessary to take action. This is, by far, the most difficult letter I have ever had to compose. There are a few things and a bit of history that need to be understood by all: 

First, in order to form a federation (a unified country), a condition of sovereignty and independence must exist in the Provinces before they can federate, or form a unified whole (i.e.: a nation called Canada). It was, therefore, necessary that the British government relinquish its authority over them. On December 11, 1931, the Statute of Westminster did just that.  Section 7, paragraph 2, set the Provinces of Canada sovereign, free and independent so that they could legally form the federal union which they had desired since 1867.  (At that time, the Imperial Parliament (British Government) would not permit them to do so.)
To date, the Provinces of Canada have not acted on the status granted them by the Statute of Westminster; they have not signed any legal agreements, they have not adopted a constitution, and the People of Canada have not ratified a constitution. This should have been done immediately upon the enactment of the Statute of Westminster. The Provinces have failed to take action and therefore all the problems with our present position exist. Since 1931, futile efforts have been made to govern the people of Canada federally, using legal and illegal trickery, tactics, deception, and outright lies, which have amounted to nothing more than an illegal Government controlling its unlawful possession.  Therefore, the "federal" government does not exist legally (we have a legal state of anarchy), and the Parliament of Canada has no legitimate right to exist, since its purpose is to form the national government (i.e.: no nation legally exists, therefore there is nothing to govern).
Other than the Charlottetown Accord, which was defeated October 26, 1992, no consultation whatsoever has been made with the People of Canada. We have not been consulted on anything pertaining to constitutional matters.
Canada has had only three federal referendums:

Ø  Referendum on Prohibition In 1898
Are you in favour of the passing of an Act prohibiting the importation, manufacture, or sale of spirits, wine, ale, beer, cider, and all other alcoholic liquors for use as beverages?
(Approved by 278,380 votes out of 543,073 votes cast or 51.3%).
(The Government did NOT bring in prohibition, against the wishes of the People of Canada).

Ø  Referendum on Conscription In 1942
Are you in favour of releasing the Government from any obligations arising out of any past commitments restricting the methods of raising men for military service?
(Approved by 2,921,206 votes out of 4,529,815 votes cast or 64.5%). (The Government only brought in conscription out of desperation in November, 1944, having resisted the will of the People of Canada as long as possible).

Ø  Referendum on the Charlottetown Accord In 1992
Do you agree that the Constitution of Canada should be renewed on the basis of the agreement reached on August 28, 1992?
 (Defeated by 7,550,732 votes out of 13,731,634 votes cast, or 55%).
(The Government acts as if this had been ratified, which it NEVER has).

I ask you: From whom does the Parliament of Canada derive its authority to govern this country? The British Government cannot create a federal union in Canada or constitute a federal government for the People of Canada by virtue of the British North America Act (now the Constitution Act) or any other act. This can only be done by the people of Canada, and they have not yet done so.
Since December 11, 1931, as individual citizens of this country we have had the right to be consulted on the matter of a constitution. We have had the right to ratify or to refuse to ratify a constitution, but have not been consulted in any way whatsoever.
Until a majority of Canadians ratify a constitution in Canada, there is no constitution.
To be succinct, in Canada we DO NOT have a CONSTITUTION.  What we have is a Constitution Act.  Is there a difference between the two?  Yes!  Some definitions are necessary to clarify exactly what the difference is. 

"What is a Constitution?"  A Constitu­tion is a document written by People, for People, and of People in order to limit and control the actions and jurisdic­tions of governments. 

"What is an Act?"  Very simply, an Act is a document, written by, of, and for government, that empowers government to act.  A Constitu­tion Act, therefore, is a document, written by government, of government, and for government that specifies powers of government and limits the rights and freedoms of citizens.

That does not mean that Canada as a nation or that we as Canadians are destined to be forgotten in the annals of history.  Rather, it means that we, the People of Canada, must simply stand up to the fraudulent system of government that has oppressed the rights and freedoms of our foregoers and us to this date. 

We, the People of Canada, must stand together as one People, united in our belief that all persons are created equal, and must be treated equally and independently under the law.

We, the People of Canada, must stand together and create a Constitution for all of us.  We are all Canadians.  We are the many.  Let us not be divided by the few.  Let us keep Canada as a glorious nation, cherished by all Canad­ians, admired by the world.

With this in mind, I have taken it upon myself to write a Constitution for Canada.  Albeit, I have borrowed some of the ideas from the U.S. Constitut­ion, the Magna Carta, and other documents, make no mistake - this IS a Constitution for all the People of Canada. 

There are no special groups or distinct societies recognized in it. There are only The People of Canada - you and me - all of us - together at last.

Strong and Free,

Kirk Louis Nymann

If you wish to read my new constitution (PDF), please email me at the address shown below.  



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