June 21, 2012 - Oh Canada

Oh Canada

What is Canada? Can you point to it? Is it the land?

The Interpretation Act, R.S.C., 1985, c. I-21 defines Canada as:

“Canada”, for greater certainty, includes the internal waters of Canada and the territorial sea of Canada;

Interestingly, no mention is made of landThe case of R. v. Cole (1982) ONDC 37 O.R. (2d) 144 we read:

It is not for this Court to assume that fictitious persons are included in the definition of ‘person’ in s. 361, simply because Parliament must have intended that without so saying. ...If Parliament had intended that word to include fictitious person, as I find on the facts that Kenneth Lane is, then it would have said so.

It is not for any court to assume Parliament intended to include 'land' in this definition of Canada. If Parliament intended that definition to include 'land' it should have done so.

The Constitution Act 1867, the supreme law of Canada, tells us in article 4:

Unless it is otherwise expressed or implied, the Name Canada shall be taken to mean Canada as constituted under this Act.

The Oxford English Dictionary defines constituted as:

"give legal or constitutional form to (an institution); establish by law."

Canada is a legal entity, a corporation. Of necessity, a "resident in Canada" must as well be a legal entity since no human can reside in a legal entity. Why would this be important? The Income Tax Act, for one, reads:

Tax payable by persons resident in Canada
2. (1) An income tax shall be paid, as required by this Act, on the taxable income for each taxation year of every person
resident in Canada at any time in the year.

Use what you read here as a part of your research to establish your understanding.
Your actions remain your responsibility.
All natural rights reserved. © 2012 steven, a man. <><