Note: la version anglaise est l'originale

The People As The Collective Head of State 

Constitutional Referendum 1982-2024

Binding Living Document

November 03, 2024

Referendum Objective

The Canadian government has had an obligation to hold a nationwide constitutional referendum for its citizens, predating the Canada Act 1982 request by the parliament and Senate to the United Kingdom, which only partially patriated the Constitution on April 17, 1982. The U.K. Commonwealth Foreign Affairs stated that due to the Government not having held a referendum prior to the constitutional patriation from the U.K, the Imperial parliament could not proceed as Trudeau had hoped with the patriation. Instead, P.E Trudeau was obliged to accept post patriation amendments that have yet to be fulfilled 42 years later and kept it from the people to this day: 

"Constitutional AMENDMENTS can only be accepted by the Imperial Parliament in accordance with the wishes of the people of the dominion as a whole, not at either federal or provincial bidding". Kershaw Report - statement from the commonwealth foreign affairs committee - pgs. 33-34

Decolonization / Patriation of the 1982 Constitutional Coup D'état - should have given complete independence and the full power to the people to choose what we decide together in regard to our own Country. This was never finalized and served as a Parliamentary and provincial inside coup d'état against the peoples of Canada. This coup d'état was further extended as of April 17, 1997 to Her Majesty Queen Elizabeth II and now, to His Majesty King Charles the III, as Canada's Heads of State.

Therefore, the Canadian people hold the prerogative to rectify the purported 1982 coup d'état, which allegedly undermined the constitutional patriation of the Canada Act 1982, orchestrated by Pierre E. Trudeau's Liberal government, Parliament, Senate, and the provincial Premiers.

The Canadian government enacted the legislation without securing a mandatory referendum from affected Canadians, regarding keeping the Monarchy or the Canada Act 1982. Because we were not given a referendum on these issues, and on how we wanted to govern ourselves, the Canada Act 1982 was enforced without our consent, thus maintaining the Crown and Parliament's supremacy over the people. 

Foreseeing democracy (Parliamentary democracy) as the only legitimate outcome ‘cannot truly be considered a free act of self-determination’.

The Canadian government has repeatedly violated the international legal instruments it pledged to uphold, undermining the rights and dignity of all Canadians. Regrettably, previous Governments have also committed numerous human rights abuses since 1982, with the situation worsening significantly in the past four years.

In a statement made during the parliamentary meetings, Sir B. Braine stated that the Canada Bill sent to the U.K. by the Canadian government, that certain parts of the charter breached the international agreements that both Canada and the U.K. had ratified. There is much more shocking information within the Hansards that indicates that a coup d'état was committed against us by our own government, and by every other Government for the past 42 years since. The evidence suggests a systematic undermining of democratic processes by governmental authorities over the past four decades.

 See discussions in U.K. Parliament re: Canada Bill 1982

Canada Bill Hansard U.K.

HC Deb 17 February 1982 vol 18 cc292-373

My hon. Friend the Member for Essex, South-East (Sir B. Braine) has shown clearly and cogently how certain parts of that charter offend and infringe two international agreements to which we are signatories—article 17 of the Universal Declaration of Human Rights and articles 1 and 27 of the International Covenant on Civil and Political Rights.

Some of us may not wish to be signatories to those two agreements, but we are bound by them. So long as we choose to be fettered by those covenants, they remain shackles upon the House and we should recoil from any legislation that infringes upon them. To do otherwise would be dishonourable—even disreputable. It is, of course, true that Canada is also a signatory to both agreements, but whether she decides to infringe them is not a matter for us. Two wrongs cannot make a right.

The Indian nations are justified in questioning the bona fides of the Canadian Prime Minister. I say that with great regret. As long ago as 1969, he spoke in Vancouver about the need to bring to an end the historic treaty rights of the Indian peoples and spoke of how in due course those rights must be extinguished. He refuses even now to sit at the conference table to discuss and define what those rights are. He will not do so until the new constitution of Canada is established, and at that stage he will have the power to override the Indians.

That is our dilemma. We do not wish to offend Canada, but if we pass the Bill in its present form we shall infringe two international agreements and at the same time disregard the rights of the Indian nations given under 83 treaties between them and the British Sovereign. For that reason, I shall find it difficult to support the Bill.

Peoples' Referendum Purpose:

1. This referendum is a legally binding living agreement between the signatories to achieve the required 51% of Canadians being in agreement with this referendum within a minimum of 7 provinces to reach a fair majority of our citizens.
2. This referendum is to be combined in conjunction with the Indigenous and Civil Unified Sovereign Enactment, Citizens Convention of Consent to collective self-determination and self-governance, within a combined Direct Democracy system of Governance.

Dishonour of The Dignity of The Crown - Abuse of Power and Breach of Trust

No Confidence in the Crown, the Canadian Government, Parliament, Provincial Legislatures and Senate

The public has grown increasingly distrustful of the government, legislators, and the Senate due to alleged corruption, disregard for citizens' rights, and the mishandling of public funds and health care. The Governor General had the full rights to remove Justin Trudeau, the minute allegations of corruption were made. A Prime Minister can be removed even if he has the support of the house, if his actions harm the dignity of the Crown, if the people or the G.G. have lost confidence or if he has breached the constitutional order. 

The Australian Governor General dismissed the Prime Minister, who had full support of the House in 1975 by using the personal reserve power of the Crown, of which the Queen was aware of but only after the fact and was pleased with his judgement in preserving the Crown in Australia. 

Please see the Palace letters released in 2020 in Australia, regarding the reserved personal powers of the Governor General and the Crown. Constitutional lawyers will have to revise all the private letters of the Queen and Governor Generals of the realms, otherwise everything they think to be correct regarding the reserve powers of the Crown will be proven to be wrong. The palace letters

Whereas;

We, the Canadian citizens find it necessary to move forward with this referendum to preserve the life of our nation in all aspects, given the current state of governance and the persistent misuse of authority, abuse of power, as well as the continued disregard for our fundamental rights.

The Will of the people as a whole

It is undeniable that any people entitled to the right to self-determination must exercise it freely, whether through a plebiscite, referendum, or some other agreed procedure. We, as a people have the right to proceed with this referendum - as long as the majority of the Canadian citizens agree to this referendum format and all it encompasses, as our agreed upon procedure of choice and free expression by signing this document.

Representativeness of the government in the context of the right to self determination is that: the government and the system of government is not imposed on the population of a State, but that it is based on the consent or assented by the population and in that sense is representative of the will of the people regardless of the forms or methods by which the consent or assent is freely expressed.

U.K. Colonization of Canada 1867-2024

Governance in Canada has always been imposed on the people such as we have seen in 1982 with the misleading partial decolonization/patriation of the British North America Act 1867 and Canada Act 1982. A people can not give free expression when the truth is inundated through lies, coverups, and omission by the very governments they entrust. Because of these lies and omissions', Canadians and the Indigenous peoples are still a constitutional colony of the Imperial Crown and Parliament, whereas; the United Kingdom Parliament still hold the only authority to amend our Constitution Act 1867 and the Canada Act 1982, Charter of Rights and Freedoms.

Form of Government

International law does not impose a restriction on the people’s choice as to the form of government, as long as the exercise of that choice takes place in a free manner, without any external influence or coercion. Neither does it say that a government is supreme and has the final say over a people.

Therefore, we the undersigned Canadian Citizens freely agree to initiate our collective and personal civil and political rights, including all other rights we possess to hold this referendum by we, the peoples of Canada, without the interference or hindrance by the Canadian federal, provincial or municipal governments or the courts through our recognized legal rights binding on Canada and the United Kingdom to:

1. formally remove King Charles the III as Canada's Head of State,
2. constituting a collective sovereign people as a whole, as the collective Head of State within Canada, being the lawful collective and legal holders of its collective Corporation Sole and Corporation Aggregates and,
3. transferring to the people, all powers of the Crown; including Military and Personal Reserve Powers (prerogatives), etc.,
4. elevating Canadians from a neocolonial parliamentary democracy system to a combined parliamentary and direct democracy system of Governance in Canada within the required amount of time necessary to implement the changes,
5. correcting our constitution as need be, removing unconstitutional laws neglecting our rights and those made in errors and omissions,
6. establish the rights of the people to VETO legislation prior to royal assent by the Governor General, and Lieutenant Governors (number of veto votes required to be determined).

Honoring Indigenous Treaties, Rights and Responsibility

1. Maintaining and safeguarding all Indigenous Treaties, rights, governance responsibilities and obligations held in perpetuity to them, that were transferred to Canada from the Crown.
2. Honoring Canadian and Indigenous peoples on each side of the Two Row Wampum and Silver Covenant Chain Treaties by creating seats for the indigenous peoples in Parliament regarding indigenous issues.

 We further undertake Constitutional initiatives to:

1. placing the Governor General as the Canadian peoples’ representative under the complete authority of the People as head of state;
2. require that the offices of the Governor General, Attorney General and Lieutenant Governors be chosen through the electoral process.

We the undersigned agree that, for the sake of preserving the life of our nation, our economy, our children and our future, hereby formally notify the Governor General that we do not support:

1. the numerous dishonorable and disreputable breaches of trust committed by Parliament and Legislatures,
2. the questionable financial abuse of the money votes for 202.75 billion dollars of taxpayer funds voted in by Parliament for the year 2024/2025; 
3. policy mismanagement and illicit acts through the creation of unconstitutional Bills that override the international binding agreements the Parliament has dishonored by criminally disregarding them since 1976; 
4. the funding of wars and genocide that is subjecting all Canadians at risk from internal and external retaliation without our consent.

FYI: Crown Responsibility and Liability

The responsibility of the Head of State is to maintain the honour and dignity of the Crown, and not allow the further demise of the Crown through the actions of our own politicians in government, who have become the real threat to the national security and stability of our nation.

Adhering to the rule of law, international law, and human rights is essential as maintaining a functioning government is crucial to avoid plunging the country into further turmoil.

Statutes of Rome - Command responsibility and failure to act - Responsibility of civilian superiors

Canada removed all immunity for Canadian officials 

1. By the Canadian Government and the provinces implementing the provincial emergency measures and then, the unconstitutional, illegal, Emergency Measures Act. without consideration to our non-derogation of rights, placed "International Bill of Human Rights” protected Canadian Convoy protesters, in an armed conflict with the RCMP and Police. These may qualify for internal crimes against humanity; and 
2. The Ministry of Defense Medical Countermeasures Consortium within our healthcare system connected to other countries, could place all Canadian military, medical personnel and Parliamentarians, including the Governor General and the Head of State, King Charles the III, in jeopardy of international law crimes against humanity and human rights abuses due to the consortiums action.
3. The Canada, U.K., Australia and USA Consortiums actions, include the creation along with Canada "dual use potential" gain of function viruses since 2001. See Canada

NOTE: A hierarchical superior in a non-military relationship with subordinates is criminally responsible for crimes within the jurisdiction of the
ICC committed by subordinates under his effective authority and control, where:

• he knew, or consciously disregarded information which clearly indicated, that the subordinates were committing or about to commit such crimes.
• the crimes concerned activities that were within his effective responsibility and control; and
• he failed to take all necessary and reasonable measures within his power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.

Urgent demands to the Governor General

The Governor General as the guardian of our Constitution, must swiftly uphold peace, order, and good governance (P.O.G.G) to safeguard our nation's security, finances, dignity, and prosperity through issuing by formal proclamation: 

1. that our International Bill of Human Rights be immediately acknowledged and enforced by her title and office regarding her duties to the people, and this country above Governance.
2. to remove the liberal government. 
3. to immediately command that a caretaker government be put in place.
4. to call for an immediate election.
5. enforce the investigations of possible fraud, conflicts of Interest and subverting policy committed by Justin Trudeau, Chrystia Freeland and other ministers within the liberal cabinet and parliament.
6. The Governor General should postpone the royal assent of all pending bills, until a new Attorney General and Minister of Justice has been appointed who will uphold our International Bill of Human Rights, the Siracusa principles and ensure the constitutionality of the legislation before its enactment, as our International Bill of Human Rights is inherent in the Charter of Rights and Freedoms.
7. to ensure that the Bills are void of words that do not conform to the Rule of Law, which allow a government to manipulate the meaning; (i.e. "reasonable" is found over 2000 times in the statutes. These are words that are incapable of any fixed meaning because the denote a quality that is inherently subjective - P. Salembier).

Urgent demands to Parliamentarians and Senators:

1. to immediately refrain from allowing unconstitutional Bills from moving forward, and to repeal all unconstitutional Bills passed in the last 5 years and previously, that infringe upon our International Bill of Human Rights and non-derogation rights binding on Canada and the U.K.
2. to review the infringement of these rights which would also render most of the legislation that has passed through parliament, the provincial legislatures and municipal by-laws unconstitutional.  
3. to review and rectify all policies and actions, undertaken within government agencies unlawful mandates during the pandemic that infringed on our non-derogable rights, would also render many of the court judgements of the last four years, in error of national and international law.
4. to review penalties and fines needlessly charged to the public by all levels of governance, and policing across the country.
5. to pay attention by reading the U.K. Hansard statements made by members of the U.K. Parliament in 1982 in regards to the peoples' full rights;
6. To become educated in the entire international Bill of Human Rights before allowing the passing of any Bills through Parliament and Senate.

This Canadian Citizens Referendum is initiated through our legally protected rights ratified by Canada and the United Kingdom 1948-1976

Canadian citizens exercising our collective civil and political rights to self-determination and self-governance within International Bill of Human Rights:

• the Universal Declaration of Human Rights. Adopted and proclaimed by General Assembly resolution 217 A (III) of 10 December 1948.
• the International Covenant on Civil and Political Rights. Adopted and opened for signature, ratification and accession by General Assembly resolution 2200 A (XXI) of 16 December 1966 ENTRY INTO FORCE: 23 MARCH 1976, IN ACCORDANCE WITH ARTICLE 49 - ratified by Canada and the United Kingdom 1976.
• the International Covenant on Economic, Social and Cultural Rights. Adopted and opened for signature, ratification and accession by General Assembly resolution 2200 A (XXI) of 16 December 1966 ENTRY INTO FORCE: 3 JANUARY 1976, IN ACCORDANCE WITH ARTICLE 27 - ratified by Canada and the United Kingdom 1976;
• the Siracusa Principles - Non-derogation of Rights.

We as a people, have lost all confidence in our government, parliamentarians, and the provincial legislatures, regarding the alleged corruption that has transpired in the malfeasant ignorance of our rights, the rule of law and misuse of our funds. The Governor General had the full rights to remove Justin Trudeau the minute allegations of corruption were made, instead we are witnessing the full demise of the honour and dignity of the Crown towards their fiduciary duty and responsibility to the people.

Therefore;

We, the Canadian citizens find it necessary to move forward with this referendum to remove and replace King Charles the III as our Head of State, with the Canadian peoples as the collective Head of State, Corporation Sole and Corporation Aggregate, represented by an elected Governor General, given the current state of Canadian governance, and the persistent misuse of authority, abuse of power, as well as the continued disregard for our fundamental rights. 

ICCPR - The International Covenant on Civil and Political Rights

Entry into force: 23 March 1976, in accordance with Article 49

Preamble

The States Parties to the present Covenant,

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Recognizing that these rights derive from the inherent dignity of the human person,

Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights,

Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms,

Realizing that the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the present Covenant,

Agree upon the following articles:

PART I

Article 1

1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.
3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.

PART II

Article 2

1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant.
3. Each State Party to the present Covenant undertakes:

(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity.

(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy.

(c) To ensure that the competent authorities shall enforce such remedies when granted.

Article 3

The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.

Article 4

1. In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin.
2. No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under this provision.
3. Any State Party to the present Covenant availing itself of the right of derogation shall immediately inform the other States Parties to the present Covenant, through the intermediary of the Secretary-General of the United Nations, of the provisions from which it has derogated and of the reasons by which it was actuated. A further communication shall be made, through the same intermediary, on the date on which it terminates such derogation.

Article 5

1. Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized herein or at their limitation to a greater extent than is provided for in the present Covenant.
2. There shall be no restriction upon or derogation from any of the fundamental human rights recognized or existing in any State Party to the present Covenant pursuant to law, conventions, regulations or custom on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.

See full document

In the "Court of Public Opinion" truth and common sense will prevail.

To be forwarded to:

1. His Majesty King Charles III
2. The United Kingdom Imperial Parliament
3. The Governor General of Canada
4. Provincial Lieutenant Governors 
5. The Parliament of Canada Parliamentarians
6. The Senators
7. The Provincial Premiers
8. The United Nations Human Rights Commission
9. The Organization of American States (OAS)
10. The International Court of Justice
11. The International Criminal Court
12. All United Nations International Bill of Human Rights, Vienna Convention, and the Statutes of Rome signatory countries 

Nicole Lebrasseur

CEO

The Canadian Peoples Union

[email protected]

thecpu.ca

DISCLAIMER: THE TEXTS INCLUDED THEREIN DO NOT CONSTITUTE ANY LEGAL ADVICE. The C.P.U. (Canadian Peoples’ Union) is a Civil and Political Rights Union of Canadian and Indigenous Peoples, activating their collective and personal rights to personal self-determination and self-governance, according to the national and international laws in force, and whose rights are duly protected. Please note that their representatives act as researchers only.