You misconstrued my statement.
The Constitution Act, 1982 itself is entirely a legitimate piece of constitutional legislation. It is not the constitution that was symbolic, but rather the Government’s drive to gather signatures. They could have gathered six out of ten signatures, or three out of ten, and the constitution would have had just as much force and effect as it does now because the law (at the time) did not require that the provinces agree to the constitutional amendments put forward by the Parliament of Canada. Precedent only required the Government to engage the provinces, not necessarily to have them agree to its amendments.
But you've got a big problem here. Suppose
none of the provinces would have agreed. How can someone in his or her right mind claim that the constitution would be legitimate?
We're touching upon the exact same issue of El Barto's thread ''What makes a law legal''. It's impossible to enact a law if virtually everybody opposes it, unless you impose it by threat of violence, which is contrary to the spirit of Canada.
I think this applies to the Constitution. If none of the provinces agreed with it, Canada would have a very big problem right? This would be disastrous for national unity and massive decentralization would be inevitable. No amount of official pomp could hide the fact that the Constitution would
not be legitimate.
Now where do we draw the line? It seems to me that at least 5 provinces would need to agree for such an important thing as a Constitution to be legitimate. Otherwise, you lose the
essential trust in central government needed for the country to be functional. And that is notwithstanding the very large differences in size of population of some provinces (Ontario vs. PEI)
So for you to claim that the constitution would have had just as much force and effect as it does now if only 3 provinces had signed is simply ludicrous. That would go along the line of dictatorship, which I know is not what you stand for!