Constitution of Canada - 2008/Amendment 1
This document amends Constitution of Canada - 2008.
This document amended Articles 4, 5, and 8.
- 1 Constitution of the Federation of Canada
- 1.1 Article 1: The President.
- 1.2 Article 2: Cabinet Ministers
- 1.3 Article 3: Parliament/Congress of Canada
- 1.4 Article 4: Local Government
- 1.5 Article 5: The Supreme Court
- 1.6 Article 7: the Articles of Allegiance
- 1.7 Article 8: The Clarity Act
- 1.8 Signatures
Constitution of the Federation of Canada
Whereas the sovereign people of Canada seek to remain united under the principles of Peace, Order and Good Government, and govern themselves accordingly, the following terms shall govern the lawmaking powers of the Government, the formal political process and the rights of Citizens within the Federation of Canada. All articles contained herein are to take precedence over any past, present or future laws within eCanada and eRepublik, and any subsidiary therein.
Article 1: The President.
The office of President shall be recognized as both the legal Head of State and Head of Government within Canada and all its subsidiary holdings. Any residual powers not mentioned within this document are to be deemed under the jurisdiction of the President, and/or any Cabinet Minister dedicated to handle said powers that the President may appoint. The President of Canada is to be elected on the first of each month as per the current system in place within Erepublik, and shall take his or her mandate directly from the people. The President of Canada retains the following powers:
- The power to create or remove Cabinet Ministries, and appoint Canadian Citizens to these posts.
- The power to enact policy decisions by means of Executive Orders, so long as they do not violate the Articles of Allegiance.
- The power to veto any legislation passed by the Congress of Canada which affects the monetary supply of the nation; unless said legislation is a formal budget drafted by the Minister of Finance.
- The power to declare war upon other nations, subject to the approval of Congress
- The power to sign Peace or Trade Agreements, Mutual Protection Pacts, Non-Aggression pact and any other contracts between Governments, subject to the approval of Congress.
- The Power to draft and propose the distribution of Government funds to Cabinet Ministries and Government S.O.s through formal budgets to be submitted for the approval of the Congress of Canada.
- The power to propose Constitutional Amendments, subject to the approval of 50%+1 of voting Members of Congress and 50%+1 of all Mayors in Canada.
- The power to access and control any Governmental assets including but not limited to Crown Corporations, Government S.O.s and off-site forums in the interest of enacting the Government’s policies and providing Presidential oversight over the activities of Cabinet Ministers, so long as these actions do not violate the Articles of Allegiance.
Article 2: Cabinet Ministers
The Government of Canada must be made up of an Executive of supporting ministers to form, enact, and articulate government policies based upon the approval or order of the President. Any Government of Canada must contain the following ministers:
- Vice President – charged with leading the government with all the powers of the President in the event of the Death or inactivity of the current President (Inactivity being defined as having not shown any signs of in game activity, personal contact, or off-site activity for the period of 5 days without giving advance warning.) (Death being defined as the in-game fainting) And must be given supervisory access to all Governmental S.O.s including the Ministry of Finance, Canadian National Defence, National Healthcare System, and National Bank of Canada. The Vice President may not actively interfere with the administration of these accounts except if publicly ordered to by the President, or he/she is appointed as the Minister in question of any of these Ministries, or in the event of the death or inactivity of the current President.
- Minister of Defence -Charged with the organization and administration of the Canadian Armed Forces and all of its subsidiary acquisitions and assets including but not limited to the Canadian National Defense S.O. and its Crown Corporations.
- Minister of Finance – Charged with the administration of all governmental monetary assets, and Finance assets including but not limited to the National Bank of Canada S.O. and the Ministry of Finance S.O. as well as the creation of formal budgets with the approval of, or upon the order of, the President.
- Minister of Health – Charged with the administration of all Governmental Health Ministry assets including, but not limited to the National Healthcare System S.O. and its subsidiary assets and crown corporations.
Cabinet Ministers must have resided in Canada for an accumulative period of at least 2 weeks in order to take office, and must be residing within Canada at the time of appointment. There is no set limit on how many Cabinet positions any one user can hold.
The President may appoint his or herself to a Cabinet Position at his will, with the exception of the Vice Presidency.
- Cabinet Ministers shall act as the President’s personal advisors and as the bureaucratic heads of their ministries. Ministers are granted independence of means and of conscience in how they carry out the selected policies. Policies can be created 1 of 4 ways
- The President orders the Cabinet Minister to enact a policy decision. *
- The Cabinet Minister drafts the policy and the President approves it. *
- The Cabinet drafts the policy and votes upon it. If it passed and is not vetoed by the President, the Minister is free to act upon it. *
- Congress drafts the policy and the Cabinet Minister must enact it unless it is vetoed by the President or by a supermajority (75%) of Cabinet. *
- So long as the policy is not in violation of the Articles of Allegiance, or the Constitution of Canada.
Article 3: Parliament/Congress of Canada
The Congress of Canada, elected by proportional representation in Canada on the 1st of each month shall be recognized as the official legislative body of Canada, and shall be based within the eCanadian Forums located here http://ecanada.forumotion.co.uk/index.htm. Within these Forums a Speaker of the House of Commons is to be elected once per month on the 5th Day of each month. Nominations for the Speaker will begin on the 2nd of each month. The Speaker of the House is responsible for the moderation of debates within Congress, and the official drafting bills, and the official counting and reporting of votes within the Congress section of the above-mentioned forums, to the Public on Erepublik. In the event of a tie within the election of the Speaker, the President shall cast the deciding vote. Once the speaker is selected, he or she will cast the deciding vote in the case of a tie on any other form of legislation. A Speaker cannot be a Cabinet Minister as well, nor a Party Leader or Country President. Cabinet Ministers may not participate in the voting on any bills before Parliament unless they themselves are current members of Congress; though they may post within the Cabinet section of the Forum. Legislation put before the Parliament of Canada can be passed only with the support of 50%+1 of its voting members. Voting must take place over the period of 3 days to allow sufficient time for all Congressmen to vote. Executive Orders delivered by the President may be enacted before Congressional approval is given, but require formal approval of the Congress within 7 days of its enacting. The Parliament of Canada is recognized as having the following powers:
- Pass or Block monthly budgets or budgetary adjustments tabled by the President or the Finance Minister, involving the distribution of general funds from the Ministry of Finance or Treasury to other ministries or users.
- Propose legislation in regards to government policies, subject to the approval of the President.
- Pass or veto any proposal of War, peace, trade agreements, Non-Aggression Pacts, Mutual Protection Pacts, and other inter or intra-governmental contracts.
- Demand and receive within a reasonable frame of time, information on current or past governmental and ministerial activities, with the exception of those activities regarding the Ministry of National Defence, which may be released at the discretion of the current President or Minister of National Defence.
- The power to seize the economic assets of any citizen if it can be proven that he or she has acquired these assets through elicit means.
Parliamentary procedure shall remain dictated by parliamentary precedent.
Article 4: Local Government
The local government of each city and province shall be defined as the Mayors of their respective territory, and in the name of fundamental justice and constitutional integrity, are granted the following powers:
- Power of taxation: the mayors shall maintain the right to tax homeowners and businesses in their dominions at rates set upon by their own conscience. Neither the Parliament nor the President may dictate these taxes.
- Power of Judicial descression: In the event of disputes between users within the borders of a province of eCanada, the Mayor shall serve as the primary judicator and moderator in these matters, serving as both judge and jury. The Mayors findings are to be deemed binding. Should a plaintiff or defendant find a Mayors ruling to be neither impartial, nor just, they may take their case to the Supreme Court of Canada to be judged.
Article 5: The Supreme Court
The Supreme Court of Canada will be charged with the duty of interpreting the Constitution of Canada and determining when it has been breached in cases presented to them. Rulings from the Supreme Court will be used as precedent in cases of constitutional matter. The Supreme Court is to be the sole entity within the government of Canada invested with this power.
Selection of Justices:
- The Supreme Court will consist of five judges
- A justice must be nominated to the Supreme Court by the President of Canada. This nomination must be confirmed by a majority of congress (here defined as 50% + 1 of all congressmen voting on the issue)
- Any person who is not a citizen of Canada or is the Country President, a cabinet member, the Speaker of Congress, the president of a party, or a candidate for the presidency of a party will be considered ineligible for service on the Supreme Court.
- No more than two members of the Supreme Court can belong to any one party
- A justice will serve on the Supreme Court until their term ends, they resign, become ineligible, or are judged to be incapable of their duties by a supermajority of their peers (here defined as all justices except the one in question)
- The term of a Supreme Court justice will last three months
Procedure of the Supreme Court
After being raised by any citizen of Canada (the plaintiff) a case can be directed to the Supreme Court by either the Speaker of Congress or the President of Canada. *The Speaker of Congress will serve as moderator in Supreme Court cases and be given the power to ensure that the proper procedure is followed. The proceedings will be divided into two phases. Phase 1
- The plaintiff will be given opportunity to present his or her case
- The defendant will be given opportunity to present their side of the case
- All justices will be given the opportunity to ask questions of both parties
- Any citizen who seeks to give relevant testimony and will be permitted to do so provided that they have the consent of three judges
- This phase will last three days although the Speaker of Congress will be permitted to expand this should they feel it necessary
- All justices will be called upon to give their verdicts
- This phase will last until all justices who have given their verdicts
- If this phase has lasted over two days and a majority of opinions is already present the Speaker of Congress may elect to end proceedings.
The case will be decided in the favor of the party with which the majority of justices have sided, as determined by the Speaker of Congress
Article 6: Universal Rights and Freedoms of the Individual
- Freedom of conscience and religion: Individuals on eRepublik, any offsite forums, IRC, MSN, and any other form of social interaction with other eCanadians and eCitizens have the right to their own beliefs, and religions and cannot be alienated by the government for these beliefs unless said actions are in violation of an eRepublik or eCanadian criminal code.
- Freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication: Individuals are free to express themselves in whatever way they see fit, and cannot be censored upon the Forums, IRC, MSN, eRepublik, etc. Media owners can thus print whatever they wish without fear of reprisal by the government, so long as the content is not in violation of any accepted terms of agreement affiliated with the service in question.
Article 7: the Articles of Allegiance
Whereas the above-mentioned rights are universal, eCanadian citizenship warrants additional rights, privileges, and freedoms which are exclusive to their membership. Criteria for Citizenship: A user is to be defined as an eCanadian citizen by the following criteria.
- If the user in question created his/her accounts within a region of eCanada, they are by default to be considered an eCanadian citizen.
- If the user in question has resided in eCanada for no less than ten days, they are to be considered eCanadian citizens so long as they publicly renounce any prior citizenship.
- If the user in question has been granted eCanadian citizenship by the passage of a bill in Congress clearly stating so.
- S.O. Accounts cannot be defined as an individual user, and as such, do not bear in any way shape or form the rights of an eCanadian Citizen. They are considered property of a user, and will be regulated as such.
Similarly, eCanadian citizenship is to be considered permanent unless:
- A citizen formally and publicly renounces it.
- It is formally and publicly removed by the passage of a bill in congress stating such,
- An eCanadian citizen adopts a political office equal to or greater than a Cabinet Minister within another eState, unless said users citizenship is maintained by the eCanadian Congress in a bill clearly stating such.
eCanadian citizenship shall imply the following rights and freedoms:
- Freedom of association: eCanadians are free to join whatever Political Party, Organization, in-eRepublik clan, or international group they see fit without being discriminated against by the government.
- Right to Vote: Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein. The Government and the Administration of eRepublik cannot thus deny certain eCanadians their vote so long as they are eCanadian Citizens.
- Mobility rights: Every citizen of Canada has the right to enter, remain in and leave Canada. Every citizen of Canada has the right to move to and take up residence in any province; and to pursue the gaining of a livelihood in any province without interference by the Government.
- Legal Rights: Every Canadian Citizen has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. As such, every eCanadian Citizen has the right to utilize our Universal Healthcare System, join or leave the Canadian Armed Forces as they see fit, and purchase whatever in-game materials they wish whenever they wish to do so. Also, every eCanadian citizen has the right to adequate food and wellness, and cannot be actively denied therein by the Government.
- Banning: Every eCanadian Citizen upon Banning, Ostracism, or Suspension has the right to be informed promptly of the reasons therefore; to retain and instruct counsel without delay and to be informed of that right; and to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.
- Rights of the Accused: Any eCanadian citizen charged with an offence has the right to be informed without unreasonable delay of the specific offence; to be tried within a reasonable time; not to be compelled to be a witness in proceedings against that person in respect of the offence; to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial body. Not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations. If finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.
- Rights of the Witness: A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence. A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted.
- Equality of Citizens: Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, sexual orientation, current or prior political affiliation, religion, sex, age or mental or physical disability.
- Right to appeal: Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction, Forum administrators, or an appointed representative of the Government (cabinet minister) to obtain such remedy as the court, Administrator or Minister considers appropriate and just in the circumstances.
- Right to Bear Arms: Every eCanadian has the right to purchase and own weaponry of any quality manufactured from any company or government, and cannot be restricted in doing so by the Government.
- Right to Security of Property and Finance: eCanadian citizens have the right to security over the finances of the government and their own personal property and finances. As such, no eCanadian citizen has the right or privilege to remove funds from the National treasury to enrich themselves or their associates without the approval of Congress. Thus any removal of funding into a personal account prior to a President leaving office is an offence punishable by banning from eRepublik, eCanada Forums, and ostracism within any other form of communication between eCanadian citizens until said stolen funds are returned. This is to be enforced by the Administration of eRepublik or the eCanadian Forums. Similarly, any removal of funds of an eCanadian citizen by a third party (Example: hackers) is a punishable offence, and is subject to the same penalties as mentioned above.
- Rights not mentioned. The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Canada.
All of the above mentioned rights and freedoms are guaranteed by this document, unless their violation can be justified as being in accordance with fundamental justice within a free and democratic society, and are subject to reasonable limit within a free and democratic society.
Article 8: The Clarity Act
The citizens of a province in eCanada merit a say in the governance of their territory, however the addition or removal of a territory from eCanada affects the nation of eCanada as a whole. Therefore, let it be resolved that:
- The addition or removal of a territory from eCanada requires the permission of 66% of all eCanadian congressmen and 66% of all eCanadian mayors.
- 75% of voting citizens in said territory must consent to the removal from or addition to eCanada.
- A province wishing to separate from eCanada must join another nation. The government of this nation must pay a sum of 200 gold plus 5 gold for each citizen in the territory wishing to leave eCanada to the eCanadian treasury.
- Any territory acquired by war cannot vote to separate from eCanada.
- The administrator of eRepublik must consent to the removal or addition of a territory in eCanada.
- If any of the above conditions are not met, the territory remains in the possession of its current nation.
- Cottus Arci, President
- Shugo, Speaker House of Commons
- Augustus Baldwin, Ottawa
- Pein, Halifax
- RClark, Newfoundland and Labrador
- Mustache Dictator, Nunavut
- Shaddy Joe, Yellowknife
- jbdivinus, Charlottetown
- Fabio Duarte, Winnipeg
- The Darkness, Victoria
- Nick Ella, Whitehorse
- David Eastcorner, Regina
- Obsessive Repulsive, New Brunswick
- Arche, Alberta