Derek Moran
Joel Kinmond: This: Go here and read Section 2: http://www.solon.org/Constitutions/Canada/English/ca_1867.html Then read Note 3: Section 2, repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.), read as follows: 2. The Provisions of this Act referring to Her Majesty the Queen extend also to the Heirs and Successors of Her Majesty, Kings and Queens of the United Kingdom of Great Britain and Ireland.
Queen Victoria, the reigning Queen in 1893 died in 1901. Although other sections of the BNA Act stipulate powers of Her Majesty, without the provisions that were deleted in Section 2, it would seem obvious that such powers died with Queen Victoria.
In 1998, the Statute Revision Act of 1893 was rescinded by the British Parliament, but rescinding an old Act of Parliament doesn't re-establish an erased statute, or part of one, especially since the Statute of Westminster of 1931 nullified any further British statutes having any authority over Canada. A school blackboard erased in 1893 does not have that which was erased re-appear because the eraser was thrown in the garbage in 1998.
Printed copy · Anthology Volume 5, page 509
