Thursday, September 13, 2007

Clearing up that whole treason thing... a little

Not that I regret my morning post or anything, but I thought it might be a good idea to actually look up what it means to be treasonous in Canada. From our legal description (included below), the only treasonous way to overthrow the government is through force - nothing is written about undermining Canada's sovereignty until the country crumbles. So, our PMs are off the hook.

There is also a lovely prohibition about attempting to kill the Queen. Fabulous. We are *so* 21st century. Of course, that means that there is nothing treasonous about attempting to kill the PM. Which I would never advocate - I'm just trying to make blatantly obvious that this law is stupidly out-of-date.

or is it...

Here's the problem: I love Canada. I love Canada a lot. I love being Canadian and I am proud to be Canadian.

or at least I used to be. Now I'm wondering what it means to be Canadian. Is there a Canada at all? Are we still just a silly little dominion in the crumbled British Empire, asserting loyalty to a royal family an ocean away while neglecting our own citizenry and sovereignty?

or was there a brief period mid-twentieth century where maybe we did have an independent identity, where Canada built its reputation and stood for something.

and then we became part of the American Empire. Maybe we should change the law to make it treasonous to plan to assassinate the President of the US.

BTW, I don't like using the word assassinate, its done enough damage already hasn't it?

Shouldn't it be treason to attempt to kill our own head of state, our own PM? If we were a real, independent country, free and proud, wouldn't that be treason?

--V

From the Canadian Criminal Code:
PART II
OFFENCES AGAINST PUBLIC ORDER

Title: Treason and other Offences against the Queen’s Authority and Person

High 46. treason

46. (1) Every one commits high 46. (1) treason who, in Canada,

(a) kills or attempts to kill Her Majesty, or does her any bodily harm tending to death or destruction, maims or wounds her, or imprisons or restrains her;

(b) levies war against Canada or does any act preparatory thereto; or

(c) assists an enemy at war with Canada, or any armed forces against whom Canadian Forces are engaged in hostilities, whether or not a state of war exists between Canada and the country whose forces they are.

46. (2) Treason

(2) Every one commits 46. (2) treason who, in Canada,

(a) uses force or violence for the purpose of overthrowing the government of Canada or a province;

(b) without lawful authority, communicates or makes available to an agent of a state other than Canada, military or scientific information or any sketch, plan, model, article, note or document of a military or scientific character that he knows or ought to know may be used by that state for a purpose prejudicial to the safety or defence of Canada;

(c) conspires with any person to commit high 46. (2) (c) treason or to do anything mentioned in paragraph (a);

(d) forms an intention to do anything that is high 46. (2) (d) treason or that is mentioned in paragraph (a) and manifests that intention by an overt act; or

(e) conspires with any person to do anything mentioned in paragraph (b) or forms an intention to do anything mentioned in paragraph (b) and manifests that intention by an overt act.

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