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. 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. Proposals Endorsed 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 he 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. 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." And on page 128 Doctor Beauchesne is reported as follows: “I would suggest that the assembly do not sit in Ottawa, in order that it may not have the appearance of being dominated or even influenced by the dominion power; and as the western provinces are of such paramount importance in the country, I suggest the best city for the representatives to gather in would be Winnipeg.” And again on page 131: "There have been many disputes about provincial rights since 1867 and it seems certain that when a new constitution is drawn up, the distribution of federal and provincial powers will have to be modified." And page 135: "I think the time is ripe for a change in the constitution. I do not think you would need much publicity in order to draw to the attention of the people of this country that the British North America Act is inadequate." And finally on page 129: "Whether our country should be changed from a dominion to a kingdom is also a subject which might be discussed. I would suggest that the country should be called "the federated states of Canada." I should also like to quote in this connection a resolution which was adopted at a convention of Social Credit supporters and monetary-reform-minded people held in the city of Edmonton in 1942. This resolution is to be found at page 59 in the publication "Prepare Now," issued by the Bureau of Information, Legislative Building, Edmonton. It reads as follows: "Whereas the statute of Westminster, in granting complete sovereignty and equality with Great Britain to Canada and other nations of the British Commonwealth, has changed the relative positions of the provincial and federal governments as provided in the B.N.A. Act; and, Whereas it is desirable and expedient in the interests of national unity that an interprovincial conference of appropriate representatives of the Canadian Provinces be held for the purpose of reviewing and adjusting the constitutional relationship as between the Provinces and their central government with a view to providing effective democratic government in Canada; Therefore be it resolved that without in any way prejudicing or jeopardizing the rights and privileges of any minority group in Canada, a comprehensive conference of representatives of the Provinces be held for the purpose of considering: 1. The existing legislative and administrative organisation in the provincial and federal spheres. 2. A more expedient allocation of powers as between the provincial and federal authorities. 3. Ways and means of facilitating the drafting, the adoption and the implementation of a Canadian constitution in keeping with the rights granted in the Statute of Westminster. I contend, Mr. Speaker, that such are the actions which should be taken before it is appropriate to adopt a distinctive national flag. I submit that the adoption of a new flag of our own designing should be the crowning act to putting our constitutional house in order. I believe that the statements which I have placed upon the record are historical facts. I believe that the conclusions which I have drawn from these facts are the only ones which can be drawn from them, and I believe, consequently, that the solution which I have suggested is the only one adequate for the circumstances. If hon. members of this assembly can successfully dispute either the facts which I have submitted or the conclusions which I have drawn therefrom, I shall be prepared to withdraw those conclusions, but if they do not do so, I believe the people of the country have a right to know what they propose to do in the circumstances. It was my intention to move an amendment, but as one has been moved already I shall refrain from doing so until the amendment already moved has been dealt with. So far as the substance of that amendment is concerned, I repeat what I have previously indicated. I think it is premature to consider any flag, either the one suggested in the amendment or any other. There are other and more important actions to be taken before we can consider the adoption of a new flag. Remedy For Condition
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