Canada A Country without a Constitution

Sunday, 20 December 2020

Provinces Completely Sovereign

 



Provinces Completely Sovereign

Since the condition of sovereignty and independence must be enjoyed by the Provinces before they can federate, 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. Since December 11, 1931, the Provinces of Canada have not acted on their newly acquired status; they have not signed any agreement, they have not adopted a constitution, and the people of Canada have not ratified a constitution. Such action should have been taken immediately upon the enactment of the Statute of Westminster. It is by reason of the failure of the Provinces and of the people of Canada to take this action that all the anomalies in our present position exist. We have been trying since 1931 to govern ourselves federally, under an instrument which was nothing more than an act of the Imperial Parliament for the purpose of governing a colonial possession. Not only has this anomalous condition obtained since 1931, but it has done so without any reference whatsoever having been made to the Canadian people. They have not been consulted on anything pertaining to constitutional matters. Before there can be a federal union in Canada and a federal government, the Provinces of Canada must be free and independent to consummate such a union. They have been free to do so since December 11, 1931, but they have not done so. Canada Without A Constitution 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, and they have not yet done so. Since December 11, 1931, as an individual citizen of this country I have had the right to be consulted on the matter of a constitution. I have had the right along with my fellow citizens to ratify or to refuse to ratify a constitution, but I have not been consulted in any way whatsoever. I assert therefore that until I, along with a majority of Canadians, ratify a constitution in Canada, there can be no constitution, and I challenge successful contradiction of that proposition.

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