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continuing
from page 1 on the flag
"Another significant statement is that by John Bright, which we find at page 1181 of British.Hansard.for February 28, 1867, as follows:."I have heard there is at present in London a petition complaining of the hasty proceedings of parliament and asking for delay, signed by 31,000 adult males of the province of Nova Scotia and that petition is in reality signed by at least half of all the male inhabitants of that province. So far as I know, the petition does not protest absolutely against union but against the manner in which it is being carried out by this scheme and bill and by the hasty measures of the Colonial Office...Nobody pretends that the people of Canada prefer a nominated council to an elective council...I regret very much that they have not adopted another system with regard to their council or senate, because I am satisfied, I have not a particle of doubt with regard to it, that we run a great danger of.making this act work ill almost from the beginning...For my share, I want the population of these provinces to do that which they believe to be the best for their own interests, remain with this country if they like or become independent states if they like." |
"From the evidence which
I have thus far submitted I draw the following conclusions:
Further Evidence "As further evidence that
the British North America Act was not
a constitution, and that Canada.did
not.become
a federal union, I refer to the definition of the term
"dominion" which is to be found in section 18, paragraph 3 of the Interpretation
Act of 1889. It reads as follows:."The
expression 'colony' shall mean any of Her Majesty's dominions, exclusive
of the British islands and of British India and where parts of such dominions
are under both a central legislature and local legislatures.(and
this was only in Canada), all
parts under the central legislature shall, for the purpose of this definition
be deemed to be one colony.(one
Colony, collectively called the Dominion of Canada)."
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Canadians have not created
a legal federation because they have been bamboozled
by those in positions of trust.(*),
whose obligation it was to make known to Canadians the status the Provinces
now have available.
|
Provinces Completely Sovereign "Since the condition of sovereignty
and independence must be enjoyed by the Provinces before they can
confederate, it was necessary that the British government relinquish
its
authority over them. This was done through the enactment
of the Statute of Westminster on December 11, 1931. By
section 7, paragraph 2, of this statute, the
Provinces.of
Canada were made sovereign, free and independent.in
order that they might consummate the federal union which
they wished to create in 1867, but were not permitted to do so.(actually
conned
out of doing so).
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"I therefore pose this question:.Whence
does the dominion parliament derive its authority to govern this country?.The
Imperial Parliament cannot create a federal union in Canada or constitute
a federal government for the people of Canada by virtue of the British
North America Act or any other act. This can be done
only by the people of Canada by agreement and because they have not yet
done so, they are still part of United States under their original 1776
constitution existing long before the cabal's
British North America Act.
Remedy For Condition Mr. KUHL: "Before I resume my seat I shall indicate definitely what to do about it..The people of Canada have not acted on the altered constitutional status.(*); hence the deplorable constitutional position in which we find ourselves in this country. I know of no country which is in such shocking constitutional circumstances as Canada. As a native of this country it is most humiliating to me to be obliged to continue to accept this position, and I am determined to do my part to rectify that position. "Legally Canada is in a state of.anarchy.and has been so since December 11, 1931..All power to govern in Canada since the enactment of the Statute of Westminster has resided with the Provinces of Canada and all power legally remains there until such time as the Provinces sign an agreement and ratify a constitution whereby they delegate such powers as they desire upon a central government of their own creation. Since December 11, 1931, the parliament of Canada has governed Canada on.assumed.power only.(*)..It is imperative that this situation be dealt with in a fundamental way. Patchwork methods will not suffice. Obviously the first act is that the Provinces of Canada shall sign an agreement authorizing the present parliament.(*).to function as a provisional government.(US example). That is number one in answer to my hon. friend. "Secondly, steps must then be taken to organize and elect a constituent assembly whose purpose will be to.draft a constitution which must later be agreed to by the Provinces and then ratified by the people of Canada. The Dominion Provincial conference is to reconvene in the near future. This would be a most appropriate time and a most appropriate occasion on which to initiate action of this kind. I trust that the delegates to this conference will not disappoint us in this matter. I shall observe with much interest what will be said in this conference on constitutional relationships in Canada. Note: None of these good hearted people, as it seems, knew much if anything important of what Canada was before 1867. "To show that I am not alone in my proposal, I
quote Doctor Beauchesne from the evidence of the special committee on
the British North America Act in 1935. On page 126 of the evidence
he is credited with saying:."....The
Statute of Westminster has altered our status.(*)....The
time has come in my humble opinion, when the British North America Act,
except as to minority rights, should be transformed and a new constitution
more in conformity with present conditions should be adopted. Amendments
here and there would be mere patchwork which could not last. The people
of 1935 are different from those of 1867. What we want is a new constitution.(one
which puts people first, and the only way that's going to come about is
if the people set it up in the first place.–.how?).
...The new constitution must leave nobody with a grievance. A spirit
of conciliation should predominate. For these reasons, the task must be
entrusted to an independent body in which all the elements of the country
will be represented. I, therefore, beg to suggest an imposing constituent
assembly formed of eminent men coming from all parts of Canada. Provincial
conferences, attended by a few ministers meeting behind closed doors, would
hardly satisfy public opinion. The debate should be public...I want the
assembly to sit in a city in the west. It would not be necessary for a
delegate to be a member of parliament or of a provincial legislature ....."
Ottawa: Printed by Edmond Cloutier, Printer to the King's Most Excellent Majesty, 1945. |
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