Has anybody here even read the BNA act? The powers granted to each political power cannot be changed or given away. All that has to be done is to enforce existing powers.
Ever hear of Elmer Knutson?
Here is a 'primer' on how things stand even today.
[SIZE=+4]CANADA[/SIZE]
[SIZE=+3]A
COUNTRY
WITHOUT
A
CONSTITUTION[/SIZE]
[SIZE=+2]A Factual Examination Of
The Constitutional Problem [/SIZE]
[SIZE=+2]By
Walter F. Kuhl
Member Of Parliament
Jasper-Edson 1935-1949 [/SIZE]
[SIZE=+2]January 1977 [/SIZE]
[SIZE=+2]"It is therefore easy to see why Canada is
not a confederation............."
[Dr. Maurice Ollivier, K.C., Joint Law Clerk,
House of Commons, before the Special Committee
on the British North America Act, 1935 [/SIZE]
[SIZE=+2]"I have always contended, for reasons too long to enumerate here,
that it [Canada] has not become either a confederation
or a federal union."
[Dr. Ollivier, in a personal letter to Mr. Kuhl, May 30th, 1936][/SIZE]
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[SIZE=+1]There is probably no political issue in Canada on which there is more lack of information and more misinformation than on the constitutional question. The stalemate and the impasse which the governing authorities in Canada have reached on this question seem to indicate that there is and has been something very fundamentally awry in Canada's constitutional history. [/SIZE]
[SIZE=+1]For almost half a century this controversy has been raging without a satisfactory solution having been arrived at. Many Canadians, myself included, have had enough of this bickering between politicians and are determined to do something to bring this internecine strife to an end. [/SIZE]
[SIZE=+1]The purpose of this booklet is to indicate in some measure what I as a member of the House of Commons and as a private citizen have attempted to do to bring order out of the constitutional chaos in which Canada finds herself. Democracy is successful only in proportion to the knowledge which people have with respect to their rights and privileges. It is my hope that the information contained in this brochure will assist Canadians to that end. [/SIZE]
[SIZE=+1]Immediately following the recent Quebec election, I sent to Mr. Rene levesque a personal letter in which I indicated my conception of the constitutional rights which the provinces of Canada enjoy at the moment. At the conclusion of this booklet will he found a reproduction of this letter. Included with this letter was the additional material found in this booklet. A copy of my letter to Mr. Levesque, along with copies of the additional material, was subsequently mailed to each of the premiers of the provinces of Canada. [/SIZE]
[SIZE=+1]I desire to express my gratitude to Mr. R. Rogers Smith, who as my private tutor for almost the entire fourteen years during which I served as a member of the house of Commons, brought to my attention facts from the statutes at large, from the Archives and from original historical sources, the material upon which this brochure is based. [/SIZE]
[SIZE=+1]Walter F. Kuhl[/SIZE]
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********************************************************************* Copy of the first page of the BNA Act (1867). This page was not part of
that private members bill that was passed by the British Parliament
On the left is the preliminary draft by the Colonial Office. This means the Domination of the Colony, or the uniting of the Colonies into one Dominion. This is the basis of the British North American Act. Notice how they stroked out "for the purposes of Government and Legislation", and left the emphasis on "colonies"
On the right is the desire of the Provinces to unite into a Federal Union; which means freedom. Drafted by John A. MacDonald before he received his title. One draft is diametrically opposed to the other. The hand written text:
"Whereas the Provinces of Canada (Upper and Lower - Ontario and Quebec), Nova Scotia amd New Brunswick have expressed their desire to form a Federal Union for the purposes of government and legislation based on the principles of the British Constitution, and..."
This is a copy of a page from "Inside Canada", a publication by R. Roger Smith.
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********************************************************************* Memo of support from Dr. Beauchesne, Parliamentary Secretary
Text: "Dear Mr. Kuhl, I see you are still forming a good policy. The idea is progressing. The only thing wrong with it is that it has not been proposed by a Cabinet minister." Dr. A. Beauchesne Dated: June 28, 1940. and sent in response to a speech made by Mr. Kuhl on Canadian constitutional problems on June 25th, 1940.
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********************************************************************* CONFEDERATION A MYTH by Elmer Knutson
Author of: Confederation or Western Independemce In my search for truth, I found several handwritten articles, written in very large script by Lord Monck on sheets of paper 11 x 14. As that is much larger than the pages of this book I have reduced them in size, which makes them unreadable without a magnifying glass. So I have typed the contents of each page for your convenience. Lord Monck was the Governor of Quebec, and he also became the first Governor General of Canada. He sat in on all the discussions during the Quebec Conference of 1 864, he knew what the drafters of the Quebec resolutions intended and wanted, and as such was intimately acquainted with the thoughts and wishes of the delegation which went to London in December 1 866. He reported in the first six pages of his dispatch his personal observations of the "scheme" to his superior the Right Honorable Edward Cardwell M.P. in charge of the Colonial department, the eventual author of the B.N.A. Act.
*********************************************** Confidential
25NOV64 Government House
Quebec
Nov. 7,1864
The Right Honourable Edward Cardwell M.P.
Sir,
In another dispatch of this date I have had the honour of transmitting to you the resolutions adopted by the representatives of the different colonies of British North America at their late meeting at Quebec in reference to the proposed Union of the Provinces.
I propose in this dispatch to lay before you some observations of my own on the proposed scheme which I think it would be judicious for the present at least, to treat as confidential.
I must in the first place express my regret that the term "Confederation" was ever used in connection with the proposed Union of the British North American Provinces both because I think it an entire misapplication of the term and still more because I think the word is calculated to give a false notion of the sort of union which is desired. I might almost say which is possible, between the provinces.
A Confederation or Federal Union as I understand it, means a union of Independent Communities bound together for certain defined purposes by a treaty or agreement entered into in their quality of sovereign states, by which they give up to the central or federal authority for those purposes a certain portion of their sovereign rights retaining all other powers not expressly delegated in as ample a manner as if the Federation had never been formed.
If this be a fair definition of the term Federation and I think it is applicable to all those Federal Unions of which history gives us examples, it is plain that a Union of this sort could not take place between the provinces of British North America, because they do not possess the qualities which are essential to the basis of such a union.
They are in no sense sovereign or independent communities.
They possess no constitutional rights except those which are expressly conferred upon them by an Imperial Act of Parliament and the power of making treaties of any sort between themselves is not one of those rights.
The only manner in which a Union between them could be effected would be by means of an act of the Imperial Parliament which would accurately define the nature of the connection, and the extent of the respective powers of the central and local authorities, should any sort of union short of an absolute Legislative Consolidation be decided on. (Elmer's note: the BNA Act was just that)
The Sovereignty would still reside in the British Crown and Imperial Legislature, and in the event of any collision of authority between central and local bodies there would be the power of appeal to the supreme tribunal from which all the colonial franchises were originally derived and which would possess the right to receive the appeal, the authority to decide, and the power to enforce the decision. (End of Lord Monck's letter)
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