There was no Queen of Canada and there isn’t a King of Canada today. Not according to Canada’s supreme law and Supreme Court rulings.
The preamble to the Canadian Charter of Rights and Freedoms states that the rule of law is one of two principles upon which Canada was founded.
“Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law”
The Department of Justice Canada states:
The Constitution says that the Charter takes priority over all other legislation in Canada because it is part of the “supreme law of Canada.” It applies to all government action, meaning to the provincial legislatures and Parliament, and to everything done under their authority. This means that governments must take the Charter into account in developing all laws and policies. It also means that when an individual goes to court because he or she believes that Parliament or a legislature or a government official has violated rights or fundamental freedoms guaranteed in the Charter, the court may declare the law invalid if it conflicts with the Charter or provide any other “appropriate and just” remedy.
Our Parliament of Canada defines the rule of law principle:
What does the rule of law mean?It means that everyone is subject to the law; that no one, no matter how important or powerful, is above the law — not the government; not the prime minister, or any other minister; not the Queen or the Governor General or any lieutenant-governor; not the most powerful bureaucrat; not the armed forces; not Parliament itself, or any provincial legislature. None of these has any powers except those given to it by law: by the Constitution Acts of 1867 and 1982, or their amendments; by a law passed by Parliament or a provincial legislature; or by the Common Law of England, which we inherited, and which, though enormously modified by our own Parliament or provincial legislatures, remains the basis of our constitutional law and our criminal law, and the civil law (property and civil rights) of the whole country except Quebec (which has its own civil code).
Government of Canada states:
“One of Canada’s founding principles is the rule of law. Individuals and governments are regulated by laws and not by arbitrary actions. No person or group is above the law.”
The Supreme Court has said:
“at its most basic level, the rule of law vouchsafes to the citizens and residents of the country a stable, predictable and ordered society in which to conduct their affairs. It provides a shield for individuals from arbitrary state action” (Reference re Secession of Quebec, 1998).
The Supreme Court has also held that the Rule of Law
“must mean at least two things. First, that the law is supreme over officials of the government as well as private individuals, and thereby preclusive of the influence of arbitrary power”
“the rule of law requires the creation and maintenance of an actual order of positive laws which preserves and embodies … order” (Reference re Manitoba Language Rights).
In essence, the Supreme Court’s descriptions of the Rule of Law say that this principle requires society to be governed by discernible laws, rather than by personal whims and preferences. Instead of society being ruled by the desires or interests of a particular person or group, which desires and interests may fluctuate daily, society should be ruled by law. Among other things, a society that is ruled by law must have procedures in place for ensuring that people in positions of power are not able to arbitrarily manipulate social order. So, laws must be created only in accordance with established and agreed upon procedures; laws cannot be created arbitrarily and without warning to the public. Laws must be equally applied to both the law-makers and ordinary citizens.
The Supreme Court has upheld that 1) “laws cannot be created arbitrarily” and 2) the rule of law requires Canadians “to be governed by discernible laws, rather than by personal whims and preferences”. However, Canada and Canadians are unlawfully governed by arbitrary rule. The UK monarchy’s “Letters Patent Constituting the Office of Governor General of Canada” unlawfully establishes/imposes arbitrary rule/power with this statement:
“And We do declare Our Will and pleasure”
The Office of Governor General of Canada was never established according to or by law. The office was established arbitrarily – by the “Will and pleasure” of the UK’s monarchy.
“None of these has any powers except those given to it by law:” Department of Justice Canada
Section 52(1) of the Constitution Act, 1982 provides that a law that is inconsistent with the Constitution is, to the extent of the inconsistency, of no force or effect; section 24(1) provides remedies against unconstitutional government action.
52.(1) The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.
Supreme Court of Canada, Supreme Court Judgments:
“The words “of no force or effect” mean that a law thus inconsistent with the Constitution has no force or effect because it is invalid.”
“The rule of law, a fundamental principle of our Constitution, must mean … that the law is supreme over officials of the government as well as private individuals, and thereby preclusive of the influence of arbitrary power.”