Never Have so Many Known so Little About so Much

HO, CANADA ! by R. Rogers Smith, ( Chief Wapanatak )

Canada is merely a geographical expression, not a political entity, says R. Rogers Smith, long-time battler
for the right of Canadians to vote as Canadians, a right he claims they have never possessed.
In his final chapter the author proposes a “ do-it-yourself ” method whereby the individual Canadian
can assert this right.
Writing often in a style, which has brought consternation to officialdom, R. Rogers Smith blends a
scholar’s knowledge of Canada’s political history with a formidable array of facts, which cannot be
disputed.
Here you will learn why the author states that: the American Civil War cost Canada more than the
combined losses of North and South; that the British North America Act of 1867 was designed to keep Canada in
colonial status; that as regards the Governor-General, there has been no alteration in the constitution of
Canada since the capitulation of Montreal in 1760; that there is not now, nor ever has been a confederation of the
provinces of Canada; nor has provision ever been made for the Canadian to exercise his franchise by voting as
a Canadian*.
Challenging controversial, plain spoken, HO, CANADA ! has not triggered any lively discussion but has
prompted cover up action by the Canadian Government since its first publication, in 1965.
* The Canadian Elections Act since 1971, has been revised to exclude 17 British subjects requirements.
Reedited in 1996, by: Jean-Paul RHEAUME, 3291 rue Armand-Hamelin, Sainte Foy, (Que.)
G1W 2X1 Canada.  Tel: (418) 656-0370 — [email protected]

About the Author

Time rolls on. The Canadian Pacific Railway (the first across Canada) was building. The Royal Canadian
Mounted Police was being formed **, and the buffalo herds were almost gone when the author was born
February 16, 1884, at Fort Qu’Appelle, in the District of Assiniboia in the North West Territories.
Twenty-one years later, the Provinces of Saskatchewan and Alberta were carved from what were then
these Territories.
His father, Richard James Smith, who was employed by the C.P.R. in building the wooden bridges for
the railroad, and three others of his crew induced surveyor Dewdney, in charge of surveys for the railway,
to survey homesteads for them in the Qu’Appelle valley. These were the first homesteads surveyed in what
is now the Province of Saskatchewan. [ Staking land grants property rights to whomever pays for the stakes in English
common law; ask Louis Riel. Ed ].
Because his parents fed the natives when they were starving, his father was made a blood brother of the
Crees and later the author was made a chief of the tribe (Chief Wapanatak, “ Morning Star ” in Cree). He
became a mechanical engineer and as a hobby a student of international and constitutional law, and forty
years ago drafted the Resolution which the Rt. Hon. Mackenzie King presented to the Imperial Conference
of 1926, which is recognized as being the basis for the enactment by the United Kingdom of the Statute of
Westminster, December 11, 1931.***
** The RCMP’s motto is “Maintiens le droit” which at the time it was granted, could have easily insinuated : “Keep it
strait” … the CPR mainline.
*** We’re faced here with a special misdemeanor on the part of the Canadian Judicial System. If Canada claims its
independence from the text of the Statute, the Provinces are equally mentioned, and are no less independent. More than
70 years after its enactment, provincials have yet to grasp the historical implication of their status. Les Québecois are not
less part of the same stupidity by running referendum after referendum .
HO, CANADA !
by

R. ROGERS SMITH
( Chief Wapanatak )

First Edition
VANTAGE PRESS
NEW YORK
[ Out of Print since 1972 ]

Copyright 1965, R. Rogers Smith

The blue text in this edition is the opinion of the editor. He was prompted to check
the veracity of such an endeavour.
OTHER WRITINGS by R. Rogers Smith

Alberta has the Sovereign Right to Issue and Use its Own Credit (1937)

Inside Canada (1939)

Our Sovereign Right ( ? )

Ask Your Banker ( ? )

Doit-on me fusiller ? (1942)

Doit-on s’unir ? (1942)

SMITH has INSPIRED to SPEAK , WRITE or LEGISLATE

Walter F. Kuhl, M.P. 1936-1949

for Jasper-Edson

Dr. Gabriel Lambert

Comment en sortir ? (Éditions Serge Brousseau 1947)

Elmer Knutson of Edmonton

Confederation of Regions

René Chaloult and Maurice Duplessis

Quebec’s fleurdelisé
 CONTENTS
EDITOR’S TERMINOLOGY ................................................................................................. 7

THE GOVERNOR AND THE CONSTITUTION .............................................................. 9

RECAPITULATION ............................................................................................................... 12

FAIRY STORY ....................................................................................................................... 13

INTRODUCTION...................................................................................................................... 6

SEARCH FOR THE BRITISH NORTH AMERICA ACT OF 1867 ........................... 8

THE BIRTH OF GREAT BRITAIN .................................................................................. 14
THE CITIZEN AND THE FLAG....................................................................................... 20

THE CONSTITUTION OF THE GOVERNMENT OF ENGLAND ............................ 24

THE ENGLISH CONSTITUTION ............................................................................................. 26
THE BURNING OF THE CONSTITUTION ( 1661 ) ............................................................... 29
REBELLION OF 1835 - 1837 ............................................................................................... 30

THE BRITISH NORTH AMERICA ACT, 1867 ............................................................ 34

SEVEN TRAGIC YEARS, 1860 - 1867 ............................................................................... 40

RUSSIA’S INTERVENTION ...................................................................................................... 44
TREATY OF WASHINGTON 1871 ................................................................................. 60

THE STATUTE OF WESTMINSTER ............................................................................... 61

CORRESPONDENCE ON INCOME TAX........................................................................ 70

COURT TRIALS, 1942-1947 ................................................................................................ 80

THE GOVERNOR - GENERAL ........................................................................................... 83

THE CONSTITUTION OF CANADA................................................................................ 90

BY HIS MAJESTY’S COMMAND, .......................................................................................... 93

SOVEREIGNTY ...................................................................................................................... 97

DO IT YOURSELF − [1965] ............................................................................................... 99

THE TREATY OF PARIS ............................................................................................... 104

 EDITOR’S TERMINOLOGY

Authority : A person, an institution, increas- Federation: A union of sovereign states sub-

ing certain properties, certain posses- scribed to by …the majority of their
sions, certain qualities. The opposite of delegates. This union is perpetual.
what governments are. Compare it to what used to be a
Catholic marriage.
Canada : Geographical expression where
liars have credibility and honest citi- Law abiding citizen : A political cuckold, in
zens are sincere political cuckolds, or Canada. A Canadian federalist is like
a colony of sincere federalists. someone preaching the virtues of his
matrimony while living a common law
Competence : L, competens proper, [what is
union; ignoring marriage is a contract.
more proper than property ?]
Legitimacy: An act is said to be legitimate
Confederation: A union of sovereign states
when it coincides with historical au-
desired by the unanimous consent of
thenticity.
all the delegates; union that can even-
tually be dissolved. Compare this to a Power: That capacity to guarantee continuity
Protestant marriage. in the act, or in the state, whether you
are looking at the engine, the Hydro,
Contract: Four requirements are needed for a
the State, or the old man.
valid contract: 1. Free and clear con-
sent of the parties; 2. The capacity to Sovereign State: A nominal territory, owned
contract; 3. Sufficiently determined and exploited by its own citizens,
object; 4. A legally considered case. solely responsible for its administra-
The BNA Act was not a contract be- tion. A territory where the head of
tween the Provinces. state enjoys permanent residence. Oth-
erwise…
Cuckoldom : Not a sin; but a political organi-
sation enjoyed by Canadians since Impéritie : The word as such is translated as
1867, to the delight of American insti- Incapacity in English, but the French
tutions. dictionary says: Ignorance of what one
should know in his profession. ex.
L’impéritie of de La Feuillade caused Torino
to be part of Italy instead of being French
territory. [Larousse.]
R. Rogers Smith 1965

PROLOGUE

THE GOVERNOR AND THE CONSTITUTION

he Constitution of the government of Can- ( Divers Orders thereunto called ) con-

T ada was drafted by Yorke and Yorke, at-
torneys for the Board of Trade (Sessional
ceived and established the Crown in
Chancery to administer Affairs in con-
Papers 18 ). nection with and exercise authority over
The first Governor Gen. James Murray was the waste lands or Commons of England.
accredited and appointed by the Earl of Egre-
The Lord High Chancellor is the custodian
mont, President of the “ Lords of Trade and
of the Sovereignty of the people and all pos-
Plantations ”, to be a “ Corporation Sole, ”
sessions of the Nation including the lands of
immediately following the capitulation of
England and the Dominions thereunto belong-
Montreal, 1763.
ing are in the custody or the offices of the
It is recorded that the first amendment to
‘Crown in Chancery’ at Whitehall. Henceforth
the Constitution of the Government of Canada
England was known as a Limited Monarchy
was to provide that Roman Catholics could
[or a Republican Monarchy… Ed.].
vote and serve as Judges ; Lawyers ; Bailiffs ;
Prothonotaries, etc. Sept. 2, 1765. (Roman The Golden Age of Queen Elizabeth was
Catholics could not vote in Britain until not due to any action taken by the Queen per-
1805.) sonally, but for the reason she could not take
The Lords of Trade and Plantations was any. 1
composed of a group of London merchants The next Charter, which was for Virginia,
who were authorised by the Crown in Chan- was granted to Sir Walter Rawleigh by Par-
cery to be the government of the New England liament and includes the clause : ‘that the
colonies. Canada was added to their admini- colonists are to have all the privileges of Eng-
stration. lishmen and be governed by laws of their own
The Lords of Trade and Plantations was making.’
later known as the Board of Trade and Planta- There is nothing in Magna Carta to com-
tions, and finally as the Board of Trade. pare in importance with this act of the Privy
The Crown in Chancery was established in Council. King John was not demoted. Queen
the reign of Queen Elizabeth. It is the depart- Elizabeth was.
ment of lands of Britain and it is from this This Revolution ended the Feudal System
name we derive the term Crown Lands. and released the bonds which had restricted
Sovereignty and the ownership of land are
inseparable. When the ruler possessed the 1
. Queen Elizabeth II could neither repatriate the Con-
land he was Sovereign. When the people pos- stitution of Canada in 1982. First, that B.N.A Act
sess the land, the ruler is demoted to a mon- was not expatriated, it was in the hands of those who
arch. had made it. Furthermore, has the deleted page of
that document been included in these repatriation pa-
Queen Elizabeth ascended the throne as a pers? Also, did the three Honourable Members of
Sovereign. After granting a Charter to Sir Parliament, namely: André Ouellette, Jean Chrétien
Humphrey Gilbert, without the knowledge or and P.E. Trudeau, present on the podium that rainy
assent of Her Council, she was demoted to a day, have the capacity to accept what Her Majesty
Monarch by the following : could not offer? That day in 1982, Canadians had an
advanced edition of Montreal’s cynical "Bleue Pou-
Members of Her Majesty’s Most dre. " All three Honourables are still living. Please…
Learned and Honourable Privy Council, keep on reading. Ed.
literature, arts and science. The Spanish Ar- his name be even mentioned to the Secretary
mada was defeated because the Admirals prior to his appointment.’
could now act upon their own volition as ur- Why ? The Secretary for the Colonies is a
gency dictated. member of the Cabinet. He would resign if the
Since then : ‘The King can do no wrong.’ Premier, any other member of the Cabinet, or
Hallsbury says : ‘This is an immunity by way the King, should suggest to him how he
of compensation for the absence of despotic should run his office.
power.’ After a Governor is appointed by the Secre-
Charles I lost his head by attempting to tary, he is introduced to the Lord High Chan-
usurp the Sovereignty of the people. cellor where he is granted ‘Letters Patent,’
The Quebec Act 1774, the Constitution Act which grant him the power to be a ‘Corpora-
1791, the Union Act 1840, and the British tion Sole’ over the colony to which he is ac-
North America Act 1867 do not alter in any credited by the Secretary of State for the
essential respect the Constitution of Canada Colonies.
drafted by Yorke and Yorke in 1763. These ‘Letters Patent’ were usually signed
It is important to know that there was no by Sir Claude Schuster, Clerk of the Crown in
Confederation of the Provinces of Canada. Chancery.
The Interpretations Act 1889, enacted 22 Since the enactment of the Statute of
years after the British North American Act, Westminster 1931, Canada is no longer a
states : ‘Colony’. Consequently, the Secretary of State
Sec. 18, Par. 3 : ‘The expression Colony’ was no longer interested in the appointment of
shall mean any of Her Majesty’s domin- a Governor-General. Further, Canada and the
ions (exclusive of the British Islands and lands of Canada were no longer under the
of British India ) and where parts of such Crown in Chancery.
dominions are under both a central legis- I have stated that Sovereignty and the
lature and local legislatures all parts un- power to exercise the right of Eminent Do-
der the Central Legislature shall for the main are inseparable.
purposes of this definition be deemed to This means that the Sovereign power is
be ‘One Colony.’ now transferred to the Provinces of Canada.
In 1889, Canada was the only Colony with Section 109 of the British North American
a Central Legislature and Local Legislatures. Act states : ‘All lands, mines, minerals and
This is affirmation of what has been said royalties , etc., belong to the Provinces in
here that the Acts previously mentioned did which they are situate or arise.’
not alter in any essential respect the Constitu- The Sovereign power has thus been trans-
tion of the government of Canada as drafted ferred from the Crown in Chancery to the
by Yorke and Yorke of the Board of Trade. Provinces.
This is further re-affirmed in that in the The King or Queen of Great Britain are
present revised Statutes of Canada it is stated : ‘Limited Monarchs’. They have not now or
"The Governor-General is a Corporation ever did have anything to do with the colonies.
Sole." Chap. 85 - R.S. Prior to the visit of King George V and
If the Governor-General is a “Corporation Queen Mary to Canada in 1935, the Parlia-
Sole’’ today, the story of Confederation is a mentary Guide 1935 states : Members of the
much overrated fiction. Royal family when in Canada take precedence
Since 1783, the administration of affairs in next after the Governor-General.
the Colonies were transferred to the Office of The Chicago Tribune in 1946 decided to
Secretary of State for the Colonies. inaugurate a press service for their paper in
Sir George Fiddes in his book, Dominion Ottawa. Mr. Frank Hughes, one of the officials
and Colonial Offices, states : ‘It is equivalent was to inaugurate this service. He requested
to a rejection of any person as a Governor if me to introduce him to leading officials in
Ottawa. ( At this time Sir Harold Alexander Dr. Ollivier had known me for ten years.
was delayed in coming to Canada as no cre- He knew that I was an expert in constitutional
dentials could be issued to him by any de- law. He knew that I knew that neither his de-
partment of the Government of Great Britain.) partment nor the Department of External Af-
I suggested to Mr. Hughes that he meet Dr. fairs had any power or authority to draft cre-
Arthur Beauchesne, Clerk of the House of dentials for a Governor-General.
Commons. As I had been out of Canada, it was years
However, as Dr. Beauchesne was at the later before I found that credentials had actu-
moment engaged, I suggested that we call ally been drafted by Dr. Ollivier and had been
upon Dr. Maurice Ollivier, joint law clerk of signed : W. L. Mackenzie King by ‘His Maj-
the House. After introducing Mr. Hughes, I esty’s Command.’
opened the conversation by asking Dr. Olliv- This statement, by ‘His Majesty’s Com-
ier, ‘What are you going to do about Sir Har- mand’ is tantamount to a forgery.
old Alexander ?’ He replied, ‘You will be By the Constitution there is no other Gov-
surprised to know that this department in con- ernment in Canada, only the Governor-
junction with the department of External Af- General. He is a ‘Corporation Sole.’
fairs is redrafting credentials for him right If the document signed by W. L.
now.’ Mackenzie King by His Majesty’s Command
We left shortly and descended the stairway is fraudulent, there is no Governor-General.
to the Press Gallery. [or the one sitting there is an impostor. Ed.]
Mr. Hughes immediately picked up the Having no Governor-General, there are no
phone and called the department of External Lieutenant Governors of the Provinces nor is
Affairs. After stating who he was, he said : ‘I there any constituted government in Canada.
understand that your department in conjunc- The Dominion Government in Canada is
tion with the Law Department of the House is therefore supposititious.
drafting credentials for Sir Harold Alexander.’ This calls for the formation of an interim
‘That’s the first we have heard about it,’ government, prior to the formation of a Fed-
was the answer. I concluded that Dr. Ollivier’s eral Union.
statement was simply a joke or most probably,
made to impress Mr. Hughes with the impor-
tance of his department.

RECAPITULATION

T he Canadian People are not subject to the

laws of Great Britain and are not British
Subjects.
Gypsies have a King and Queen but, having
no land, have no Sovereignty, and no Flag.
It may be necessary to quote the last line of
You may kick this problem around any Section 109 of the B.N.A. Act : [ All lands
hundred acres and you will find that you are belong to the Provinces ] ‘except for any in-
back to the same spot. terest other than that of the Province in the
same.’
You cannot have a Canadian government
as long as a Canadian is denied the right to This meant the interest of the Crown in
vote as a CANADIAN. Chancery, which interest was held as long as
the Province was a Colony. This interest of the
Previously I have said that Sovereignty and
Crown in Chancery was relinquished in Sec-
the ownership of land are inseparable. The
tion Eleven of the Statute of Westminster. The Province is no longer a Colony but a
Sovereign State. When it is proven that the
statement of Mackenzie King ‘By His Maj-
esty’s Command’ is a fabrication, there is no
‘Office’ of Governor-General. The Dominion
government is finished. The King has no des-
potic power to command. It has now become
the duty, responsibility, and prerogative of the
Sovereign States of Canada to create by ap-
pointment an interim government. Two offi-
cials can be appointed until a Federal Union is
consummated.
Why fight a shadow . The Dominion is but
a shadow. The provinces possess all Sovereign
power.
“ To him that hath shall be given and to
him that hath not shall be taken away that
which he seemeth to have. ” Period.

[Russell] Rogers SMITH

(Chief Wapanatak)
Washington, D.C. 20004
FAIRY STORY

T here is not now nor has there ever been a

Confederation of the Provinces of Can-
ada.
Cartier a baronetcy if I did not object to it. I at
once stated I should only be too pleased to see
my colleague receive this honour. Mr. Galt was
made a K.C.M.G. All these honours were con-
The Right Hon. Sir John A. Macdonald
ferred upon myself and the other gentlemen on
confirms this in a letter he wrote to the Gover-
account of the prominent part we had taken in
nor-General. This is a reply to his query as to
carrying out the Imperial Policy. (Dominion
whether or not John had a list of those who
Archives.)
should receive honours on Her Majesty’s birth-
day. Why did John sell out? One of the reasons
was to prevent the United States from annexing
He wrote: Honours should be granted only
Canada. It is a matter of common knowledge
for a service performed for the Imperial Gov-
that Great Britain assisted the Southern States
ernment... Considerable feeling was aroused in
during the Civil War and was prevented from
Lower Canada among the French Canadians as
declaring war on the United States only by the
what they looked upon as a slight to the repre-
prompt action of the Czar of Russia.
sentative man of their race, and a motion on the
subject was made in Parliament. Lord Monck It will be remembered that Russia had re-
refused to give any information on this question cently defeated the combined forces of Britain;
as being one of Imperial concern only; but in France; Sardinia and Turkey in the Crimean
order to allay this feeling obtained permission War  1854-1856.
from Her Majesty’s government to offer Mr.
Great Britain now threatened to declare war
upon the United States unless an apology was ships sunk by privateers, which had been built
forthcoming within 24 hours, for the action in Britain for the Southern States by Laird &
which Captain Tom Wilkes had taken in the Son in Birkenhead. The United States claimed
Trent Affair. these ships were British from keel to masthead,
armed by British guns, manned by British
The Czar immediately dispatched his Baltic
crews and the pay office was in Liverpool. Fur-
squadron under the command of Admiral
ther Britain had forts at Nassau to supply Con-
Livofsky to New York City and his Pacific
federates with small arms and ammunition as
squadron under Admiral Popov from Vladi-
well as mines for their harbours.
vostok to San Francisco.
Britain’s only defence was that she had not
The Czar, who had freed the slaves of Rus-
declared war. The United States replied, ‘This
sia in 1861, was in sympathy with Lincoln and
is a game two can play at.’
not only this but he was protecting Russia’s
interest in Alaska. It was upon advises from the This was the situation when our delegates
Russian Ambassador that Lincoln issued his from Canada with the Quebec Resolutions were
“Emancipation Proclamation” in 1863. The convened in the Westminster Palace Hotel in
seven million two hundred thousand dollars London, 1866. They sat until the Christmas
paid to Russia by Seward for the purchase of holidays and were elaborately wined and dined
Russia’s interest in Alaska on March 30, 1867, by members of the British government.
was not because Seward thought Alaska was Col. Montague Bernard, Member of Her
worth anything, but to repay the Czar for the Majesty’s Imperial Privy Council, introduced
expenses incurred by the fleets which he had John A. Macdonald to his sister, the Hon.
sent and maintained in New York and San Susan Agnes. John A. Macdonald was 54 and
Francisco until victory was obtained by Federal a widower. Of course the Hon. Susan Agnes
forces ending the Civil War in 1865. fell in love with John and they were married
When Federal troops were mustered out and Feb. 16, 1867. It was explained to the groom
paid by ‘Greenbacks’, they were permitted to that Britain was not adverse to a Federation of
keep their firearms and knapsacks. the Provinces of Canada, but this could not be
accomplished until a settlement had been made
They were then enrolled in a force of
with the government of the United States.
180,000 set to invade Canada. Ten thousand
were encamped in Buffalo, N.Y., and 1,500 If John would consent to become a member
under Col. John O’Neil invaded Ontario. Rep- of the Commission to be sent to Washington he
resentative Banks introduced a ‘Bill’ in Wash- would first be appointed and sworn as a mem-
ington to annex Canada. ber of Her Majesty’s Imperial Privy Council. (
The minimum salary of a member is £ 2,000
The War Office in London sent Col. Jarvis
per annum.)
to Canada to investigate. He reported: ‘You
have only 10,000 troops there, veterans of the Further if the Commission were successful
Crimean War and scions of the British nobility he would undoubtedly be granted a title of Sir.
and you cannot count on more than 20,000 John knew a ‘Bill’ was pending in Washing-
volunteers. You would be facing a force of ton and if Canada were annexed he would be
300,000 at the frontier. You cannot hope to only a very little frog in a very large puddle.
defend Canada, nor Canada be expected to
defend herself.’ John A. Macdonald and his brother-in-law,
the Rt. Hon. Col. Montague Bernard, were ac-
Great Britain now agreed to negotiate. Pre- credited and created Ministers Plenipotentiary,
viously the Imperial Government had refused to and when the Commission was convened in the
consider the demands made by the United Arlington Hotel in Washington it was agreed
States that Britain was responsible for 226 that Emperor William of Germany be ap-
pointed arbitrator. The agreement consum- vidually as the case requires. ( An ‘order-in-
mated is embodied in the Treaty of Washing- council’ is equal to an Act of Parliament.)
ton, May 8, 1871.
One score and two years later the Interpreta-
This stipulates that Great Britain shall grant tions Act, 1889, was passed, stating that Can-
the government of the United States an apol- ada is a Colony. This gives the lie to the story
ogy; pay a direct indemnity of $37,500,000; of Confederation and brands it as a reductio ad
pay for the shipping sunk as would be decided absurdum. Another recent absurdity is that a
by an Admiralty Court in New York City; grant House and Senate of British Subjects debating
to the United States equal rights in perpetuity the adoption of a Flag and Anthem.
of the navigation of the St. Lawrence River You say you have never heard of this be-
through Quebec; the disputed boundaries  fore! You are not alone in this.
Lake of the Woods and Point Roberts, B.C., to
be granted to the United States. Since 1931, Canadian citizens are not sub-
ject to laws enacted by the British Government
The question of ownership of the San Juan and are not recognised by Great Britain as Brit-
Islands to be left to the arbitrator. ish subjects.
Emperor William of Germany decided Oct. To sum up: Canada lost everything gained
25, 1872, that the San Juan Islands should be- politically in the previous hundred years and
long to the United States and $15,000,000 more reverted back to the Constitution granted in
to pay the expenses incurred by Federal Cruis- 1763 to Governor James Murray by the Board
ers in chasing the privateers. of Trade (Sessional Papers 18 ). Lord Monck
Viscount Bury said of the apology: came back to Canada as a ‘Corporation Sole’
and his first act upon opening Parliament was
“A national expression of regret is an act of
to announce that John A. Macdonald had been
the gravest importance. If England had been
granted a title of ‘Sir’.
clearly in the wrong an expression of regret
would be consistent with her dignity, but it has John did very well for himself; he obtained
hitherto not been usual for nations of the high- a titled Lady as a bride, an annual stipend as a
est rank to apologise for acts which they never member of the Imperial Privy Council, and was
committed. The same Englishmen who offered now the Right Honourable Sir John A. Mac-
the apology framed the British case. The case is donald. But at what a cost to Canada !
elaborate statement that Britain is in the right. It Twenty years ago, 98 percent of the drug-
is hard to escape from this dilemma. Either the gists of New York State were graduates of Ca-
apology was unnecessary or the British case is nadian Universities, and over three million
a tissue of mis-statements .” Canadians had migrated to the United States.
Delegates from Canada had no part in draft- (U.S.A. immigration).
ing the British North America Act, March 29, It is estimated that it costs the parents and
1867, and no certified copy of this act was the state $15,000 to feed, clothe, and put a son
brought to Canada. through high school and four years in a univer-
The Act was drafted by Lord Thring, Par- sity. [Any graduate of any Faculty does well for
liamentary Secretary to the Treasury. himself whenever he moves south to practice
his profession south of the friendly border, but
It is not a Constitution for it constitute noth-
at what cost to Canada. I have a son in Chicago
ing. It simply emphasises the power of the
occasionally roaming Canada to swindle new
Governor-General to appoint and remove a
talent and business for his new employer, under
Privy Council to ‘aid and advise’ him and to
the watchful eye of Canadian politicians harp-
state that the Governor-General has the power
ing for Canadian Unity. Study closely the Gov.-
to pass an ‘order-in-council’ by himself indi-
General’s annual scholarships feedback to Can-
ada and see who benefits. Ed.] his franchise as a Canadian. That the Canadian
people cannot be held accountable for a Na-
In case your computer is not working, I
tional debt in which they had no part in con-
might as well state this amounts to 45 billion
tracting. That the issues of securities by the
dollars [in 1965].
Dominion should not be referred to as bonds
Late in 1939, I was most courteously re- but be designated as debentures.
ceived by Beaudry Leman, President of the
Mr. McMichael saw the point and immedi-
Bankers Association. After an inter-view of
ately instituted a plan whereby the Banks need
about an hour, he asked if I had any objection
not subscribe directly for debentures issued by
to seeing Mr. W. Wilson, President of the
the Dominion.
Royal Bank of Canada. I immediately stated I
would be pleased. He phoned Mr. Wilson’s
office in the Royal Bank. Mr. Wilson listened
attentively to the evidence I submitted and said,
‘I think your information should be presented to
our chief legal advisor, Mr. Robert C.
McMicheal.’
The firm of Brown, Montgomery and
McMichael comprises 25 lawyers which oc-
cupy the entire fourth floor of the Royal Bank
of Canada Building on St. James Street, Mont-
real, except for three offices of the firm of
McKinnon & Co., chartered accountants.
As I had no need for notes, my evidence was
submitted to Robert C. McMichael orally.
I explained that Section 109 of the B.N.A.
Act states that all wealth is the possession of
the Provinces. That the City of Ottawa, which
includes the Parliament Buildings and the resi-
dence of the Governor-General, was equally an
asset as much as any farm to guarantee the
payment of Bonds issued by the Legislature of
the Province of Ontario.
Further, although the Governor-General’s
Act, Chap. 85 R.S., states that he is a ‘Corpora-
tion Sole’, it also states that he is not the owner
of any public property. That all revenue and
taxes are returnable to him and all debts are
paid by vouchers which are signed by him.
It is further submitted that the House of
Commons and Senate are not responsible for
the National debt as they are constituted only to
‘aid and advise’ the Governor-General. It is
further submitted that the Canadian people are
not shareholders in the Dominion Corporation.
That there is no provision in the Dominion
Elections Act whereby a Canadian can exercise
 That the Banks provide ample funds to be
extended to insurance companies at 1¾%. The
debentures draw 3%, that gives the insurance
company a profit of 1¼% for simply borrowing
the funds from the Bank.
The securities subscribed for by the insur-
ance company to be held by the Bank as well as
a list of the assets of the insurance company
which is the security for the loan.
By this plan, the Banks do not stand to lose
anything. If the debentures prove to be of no
value, the Bank can expropriate the assets of
the insurance company to liquidate the loan.
Caveat Emptor. (Buyer, beware).
When the term of the present Governor-
General expires, who is to appoint his succes-
sor. The British Government can not, and there
are none in Canada who can.
R. Rogers Smith 1965
INTRODUCTION

T he search for truth is one of the strongest

impulses of mankind. This may be the
reason many students turn to the back of
insisté pour recevoir une copie du livre HO,
CANADA !, seul le chef Joe Norton, par le biais
de la Bibliothèque du Long Sault à Khanawake,
the book and read the last chapter first. The a manifesté un désir sérieux de posséder le livre
author here has no objection to this procedure, de Wapanatak. Si le chef Norton n’a pas lu HO,
but would point out that "there is no royal road CANADA !, quelqu’un là-bas l’a lu et il l’a com-
to knowledge". This was the answer given by a pris ; de même qu’un septuagénaire de Koote-
professor to a king who desired that his son be nay, B.C. Les autochtones semblent être les
seuls à vouloir amener une solution à
quickly promoted.
l’honorable anarchie qui paralyse l’esprit sincère
If you planned to purchase a diamond, you de la majorité des Canadiens. Le ministre Che-
would take a magnifying glass and examine vrette sonne la fin de la récréation le dimanche,
every facet to see if you could discern a flaw et l’autoroute 132 en Gaspésie est toujours blo-
before consenting to buy. quée lundi soir, 2 jours après la signature dudit
protocole d’entente avec les aborigènes assimilés,
Each chapter in this volume is designed to tandis que les autochtones traditionalistes flottent
shed some light on each facet of the constitu- toujours le drapeau américain sur leur « Timber-
tional position of Canada. In one chapter it is jack » de Pointe-à-la-Croix.
stated that "Canada is merely a geographical
expression, not a political entity." C’est simple, tout le système judiciaire et ses
magistrats s’assoient sur l’AANB, et l’Acte en
Another chapter exposes the myth of con- question est frauduleux. Pour des Canadiens, la
federation. compétence et la juridiction émanent des arti-
If the reader fosters some preconceived no- cles 91 et 92 de cette loi britannique. Les états
tions or assumptions regarding the government étrangers n’ayant pas d’articles 91 ou 92, com-
of Canada, he would be well advised to put ment leur magistrature se démêle-t-elle avec la
them away, so that they will not bother him juridiction et la compétence. Souplat, la France
while he is engaged in reading. If you neglect to et l’Angleterre n’ont pas d’articles 91 ou 92, elles
follow this advice, you would lose them en- ont pourtant une magistrature, comment font-
tirely and agree with the author when he says: elles. Vous me direz, elles n’ont pas
"Never have so may known so little about so d’autochtones. Ces pays ont pourtant des In-
much." diens et des Nigérians sur leur territoire. Ils ne
Now that you have finished reading the last bloquent pas les routes, mais si toutefois ils les
chapter, you can start again at the beginning. bloquaient, les bloqueraient-elles longtemps ?
Sont-ce les articles 91 et 92 de l’Acte de
The author will endeavour to keep in step with
l’Amérique du nord britannique, ou est-ce tout
you so that when we reach the last chapter, you
l’Acte responsable de nos malaises routiers et
can read it over again. judiciaires ? Souplat, dites-nous chers autochto-
nes comment faites-vous pour lire et compren-
dre Wapanatak ? Souplat, dites-le à notre magis-
Wapanatak trature et à nos media, ça presse.
De tous les organismes et des individus qui ont Jean-Paul RHÉAUME ]
Chapter 1

SEARCH FOR THE BRITISH NORTH AMERICA ACT OF 1867

E arly in 1935, after lengthy talks anent the

constitutional position of the provinces to
the Dominion Government with Chief
vember, I visited the Archives and was directed
to the Reference Library.
When I asked Colonel Hamilton, who was
Justice Morrison of the Supreme Court of Brit-
in charge, for a certified or duplicate copy of
ish Columbia, I asked, “ Has British Columbia
the British North America Act, he informed me
a copy of the British North America Act ? ”
that as the act was still in force, the Archives
“ No, ” he informed me. “ You know that would not have the document until the Gov-
British Columbia was united to the original ernment was finished with it.
provinces by an Order in Council. This Order
“ You had better contact the Privy Coun-
in Council was signed in London by Prince
cil, ” he said. “ Do you know Mr. Lemaire, the
Arthur on May 10, 1871, four years after the
Chief Clerk ? ”
British North America Act was enacted, so we
have no copy. “ No, ” I replied. “ I am here from Vancou-
ver and I have not had an opportunity. ”
“ Of course the original provinces, namely
Nova Scotia, New Brunswick, Quebec and “ Very well. If you wish, I shall make an ap-
Ontario, would have copies of the original, but pointment for you, as I know Mr. Lemaire. In
may I suggest that you could see the original, or the mean time, we have the original papers here
a duplicate of the original, in Ottawa. ” that were written by the delegates who pre-
sented the Quebec Resolutions when they were
Thanking the Chief Justice, I mentioned that
in London. ”
I planned to be in Ottawa in the fall and would
visit the Archives. I spent some two weeks in the Archives
where a chair and table were provided, and as I
Leaving Vancouver, I stopped over in Ed-
finished with each document it was returned
monton and addressed Premier Aberhart and
and another placed before me.
his newly elected Cabinet in the Macdonald
Hotel on the constitutional position of Alberta. The name of each delegate was across the
While there, on October 25, 1935 2, I cabled the top of each copy which was a revision of the
Secretary of State for the Colonies in London, Quebec Resolutions, but none were signed at
protesting that any credentials issued to Lord the bottom; further, no confederation agree-
Tweedsmuir who was expected to leave for ment was drafted or signed by them.
Canada. I was most interested in Sessional Papers 18
He received none. No doubt my cable is on which contained the first Constitution of Can-
record in the books of the cable company. ada, drafted by Yorke and Yorke, of the Board
of Trade (1763). 3
Arriving in Ottawa the first week in No-
Among these many papers are letters written
2
. This conference was published from Ottawa in 1937 in a
3
pamphlet called “ ALBERTA has the SOVEREIGN . Excerpts from this Constitution appear here in Chapter 11,
RIGHT to ISSUE and USE its OWN CREDIT. ” Ed. on the Governor-General.
by John A. Macdonald. Thanking him, I mentioned that I had seen
reproductions of the Great Seal so I was not
Also, Sessional Papers 18 state that the Con-
particularly interested, but if there were a Con-
stitution of Canada was amended September
federation in Canada, each province which was
20, 1765, to permit Roman Catholics to vote
a party to the agreement should have a certified
and hold office as proctors, prothonotaries,
copy and I had been informed that I would find
judges, and so forth. (This was forty years be-
a copy in Ottawa.
fore Catholics were permitted to vote in Great
Britain - 1805.) “ You should see Dr. Beauchesne, Clerk of
the House of Commons, who is an authority on
One day Colonel Hamilton came to my table
the British North America Act, and if he does
and said, ‘I have arranged an appointment for
not have a certified copy, he will tell you where
you with Mr. Lemaire for to-morrow.’ He said
to find it, ” Mr. Coleman advised me.
further, ‘Do you know, you are the first Cana-
dian to go through these papers in the many Dr. Beauchesne, venerable Chief Clerk of
years I have been in charge here?’ the House of Parliament in Ottawa and author
of Beauchesnes’s Parliamentary Rules and
I was received most graciously by Mr. Le-
Forms, said, after I had been introduced,
maire, who was very interested when I ex-
“ What did they send you to me for? They
plained that there apparently was a typographi-
know that I keep no valuable documents here,
cal error in the copy I had, which had been
and this most valuable document would be kept
printed by the printer in Ottawa, and I desired
closely guarded somewhere in a vault. There is
to compare my copy with the original or a
such a vault under the Senate Chamber but you
proven duplicate.
would have to see Dr. Blount, Clerk of the
Mr. Lemaire said, “ As the Privy Council Senate. ”
does not have a copy of the original, I think the
Thanking him, I traversed the lofty corridors
best place would be the Office of the Governor-
of the House of Parliament, on the walls of
General. Wait a moment and I will have my
which are hung the paintings of former pre-
secretary escort and introduce you to the Gov-
miers of Canada, to the office of Dr. Blount,
ernor-General’s secretary. ”
who, after introduction to me said:
When Mr. Lemaires’s secretary introduced
“ You know, you have me very much inter-
me to Mr. Periera, the Governor-General’s
ested. Do you mean to say that you have been
secretary, he smiled patronizingly and, reaching
to all these places and you have not found any
over his desk, picked up a sheet of the Gover-
certified copy of the Act? Well! We have a
nor-General’s letterhead. He wrote a note for
vault under the Senate, but I do not know of
me and said, “ Just give this note to Mr. Hardy,
any copy there. If you would care to look, you
the Parliamentary Librarian. ”
are welcome. ”
Mr. Hardy laughed and said, “ This is too
When I expressed my pleasure at having
important a document for us to have in the Li-
him extend this courtesy, he said, “ I will call
brary. I think your best plan would be to see
an assistant. ”
Mr. Coleman, Secretary of State. ”
Dr. Blount, the assistant and I descended to
“ Where would I find him? ”
a high ceiling vault about twenty by forty feet
“ He has an office in the West Block. ” which had shelves about ten feet up from the
Mr. Coleman was in when I called on him floor along the south and east sides.
and, in answer to my question, said, “ We have Certified copies, which must be stamped
no copy that I know of . We have the Great with the seal of the Senate, as well as certified
Seal, if you would care to see it. ” copies of orders in council, are in hardwood
cases on the shelves, each case marked with the ever been brought to Canada, it would be here,
year’s date. would it not? ” I asked.
The assistant handed down two cases as he “ Yes, of course, ” the Doctor replied.
stood on a step-ladder  1867 and 1868  “ Then, Doctor, I think we can say that no
which Dr. Blount turned over to me for my copy of this Act was ever brought to Canada, is
inspection. that correct? ”
Not finding a copy of the British North “ I am very much afraid that you are cor-
America Act, I asked if it had been destroyed in rect, ” was his answer. [The perfect excuse for
the fire. repatriation. Ed.]
“ No, ” Dr. Blount assured me. “ The Par- Dr. Kenny, Dominion Architect, met me on
liament buildings were destroyed but we saved Sparks Street a few weeks later and said, “ So
the Library and this vault. All that the Govern- many people have been asking me, writing me,
ment lost were some paintings in the corridors. and phoning me to know if there is a copy of
Some members lost personal files in their the British North America Act in Canada that I
rooms. You will be interested in seeing this, no think I should write London for a photostat. ”
doubt, ” and he produced a polished hardwood
case and showed me the gallon measure in “ An excellent idea, ” I said.
bronze and the platinum ounce and pound. In Hearing that a photostat was being sought, a
another case were the inch, foot and yard stan- friend of mine in London had one made for me,
dards. He explained that the Bureau of Weights as he knew I would be interested. On receipt of
and Measures, by law, must check their sets this, however, I was disappointed, for it stated
with these every two years. that this was a photostat of a copy.
“ Was this British North America Act ever Why Dominion officials should put any
presented to the Senate? ” I asked. value upon this, I do not know. My copy is a
“ We can check the records in my office. ” duplicate of the one which they have and I can-
Dr. Blount replied. not conceive of any intelligent person being
satisfied with a photostat of a copy. [Ever seen
After consulting his book of records, he as- a cop accept a photocopy of a driver’s permit ?
sured me it had not been presented to the Sen- Ed.]
ate.
It would not be more difficult for a photog-
“ Was it ever presented to Parliament? ” was rapher to make a copy of the original, would it?
my next question.
It means that after a hundred years we can-
“ You will have to ask Dr. Beauchesne, ” he not get a photostat even of a document which is
said. supposed to have created a Confederation of
Retracing my steps to the office of Dr. the Provinces.
Beauchesne, I related to him my failure to find Lord Thring, who drafted the British North
any certified copy and that Dr. Blount could America Act, tells us in his book Parliamen-
find no record of it in his office. Would it have tary Rules and Forms that it is mandatory that
been placed before Parliament? any Act be printed before it is introduced to the
Dr. Beauchesne called for the records of the House of Commons.
House of Commons, and after looking over the
Mr. Hadfield, who was a back-bencher in
records, he told me that it had never been
the House of Commons in 1867 and was not in
placed before Parliament.
on the scheme of the Secretary of the Colonies,
“ Well, Doctor, if a copy of this Act had asked the following question:
 “ Why all the haste in enacting this meas- That Lord Campbell knew and was in ac-
ure ? I am not sure I will have anything against cord with the Earl of Carnarvon in fending off
it, but it affects four million people and we this threat to the economy of Britain is clearly
should have an opportunity to study the meas- implied in his remarks at the second reading of
ure, which is now in second reading and it has the Bill on February 26. He said, “ It would
not been printed. ” 4 scarcely be possible to break the artificial
Britain’s national economy was sustained by unity we now propose to organize. ” 6
her possessions or colonies. These were her Let me not omit to explain the difference be-
sources for raw materials, which could be im- tween a “ private bill ” and a “ public bill ” as
ported at a price which Britain could set. In ruled by the Parliament of Great Britain.
return, the colonies became the main market for
A private bill is one which affects only a
her exports which, because of tariffs imposed
private citizen or a part of the British Empire,
by Britain, could be marketed at a non-
but does not affect any other part. As an in-
competitive price.
stance, the Island of Malta requested an altera-
The Conservative and Liberal Parties had tion of Constitution in 1936. Now, as this did
differences which were fought over and they not affect any other part of the Empire, it was a
vied with each other for office. But when the private bill.
national economy was threatened they could
Private bills are first introduced into the
bury the hatchet and unite to fend off any threat
House of Lords and, after passing, are referred
to the economy, which was of paramount inter-
to the House of Commons, where they may be
est to both, and to the national welfare of Brit-
amended; but the purposes of the bill are not
ain. This is exemplified in the following pas-
discussed or debated.
sages.
Public bills are first introduced into the
The Earl of Carnarvon, Secretary of the
House of Commons and then go to the House
Colonies, presented the Bill to the House of
of Lords to be acted upon in the same way as
Lords with these words: “ The Bill opens by
private bills going from the House of Lords to
reciting the desire of the several provinces to be
the Commons.
Federally United. ”
As the British North America Act did not af-
Lord Campbell, leader of the opposition,
fect any part of the Empire except Canada, it
said in reply on February 9, 1867: “ The Bill is
was a private bill.
founded, I believe, on what is termed the Que-
bec Scheme of 1864... Our lights may be im- All legislation going before either House is
perfect upon this part of the subject and I will called a bill before it is enacted into law.
not dwell upon it... but one thing is clear, the This may not appear to be important, but it
preamble of the Resolution comes before us in is. The bill in question was not amended in the
clear and perfect authenticity, it cites the expe- House of Commons, but was enacted as the
diency of federating the Provinces of British British North America Act on March 29, 1867.
North America. ” 5
It was printed when introduced in the House
of Lords. Why did Mr. Hadfield say, when the
4 bill was in second reading in the House of
. Parliamentary Debates, Vol. 185, p. 1016. (Volume
missing on the shelves of Laval’s general library. Ed)
Commons, that “ it has not been printed ”? For
5
. If the Imperial Parliament federated the Canadian
colonies, like many do think, why did it not federate the
American Colonies the same way after 1776 ? These American Colonies around 1782, she did not federate any
American colonials would have saved themselves a War more in her B.N.A. Act. Ed.
6
of Independence. If Britain could not federate her . Parliamentary Debates, Vol. 185, p. 1016.
the good reason that one page of the bill, which
states the raison d’être of the Act, was deleted
before going to the Commons. [Was it repatri-
ated in 1982, with this deleted page? Ed.]
The reason for and the purpose of any en-
actment is of the greatest importance. Hallsbury
states: “ An Act must be read and construed as
a whole, though one subsequent section should
bear a wider and another a more limited mean-
ing. ”
The deleted page stated: “ By reason of the
request of the Colonies for Federal Govern-
ment, it is expedient therefore that they have
laws and regulations to guide them. ”
If this page had not been deleted, the prov-
inces of Canada would ere this have formed a
Confederation, or, as the Act states, a Federal
Union. […, …, … How? Ed.]
As the Act had been debated and passed by
the House of Lords, it was but a routine matter
for the Commons to place the seal of approval
upon it. There was, therefore, no need for more
than a quorum to be present to grant the Com-
mons’ assent.
The next Act upon order paper was the
“ Tax on Dogs. ” The House was crowded.
Chapter 2

THE BIRTH of GREAT BRITAIN

N ewfoundland, the last to join the Domin-

ion of Canada as a province, was the first
colony of England. Queen Elizabeth
England to the position of monarch. Ever af-
terward the government of England has been
known as a “ limited monarchy ”. The ruler is
Sovereign of England, granted a charter to Sir no longer a sovereign.
Humphrey Gilbert in 1583 to colonise the col-
In the Encyclopedia of American and British
ony. He was accompanied on many of his voy-
Law, James Cacroft has the following to say
ages by his younger half-brother, Walter
concerning sovereignty:
Rawleigh.
The right to exercise the power of Eminent
Years later when Sir Walter Rawleigh
Domain is inherent in Sovereignty, necessary
wrote his history of the world when incarcer-
to it and inseparable from it. From the very
ated in the Tower of London, he included
nature of society and of organised government,
charts of Newfoundland and Nova Scotia
this right must belong to the State. It is a part of
drafted by Sir Humphrey Gilbert which com-
the Sovereign power of any nation. It exists
pare favourably with the maps and charts of our
independent of constitutional recognition, and
modern atlases. His career ended when his little
it existed prior to constitutions. It lies dormant
vessel, the Squirrel, only half-decked over, was
in the State until legislative action is had point-
overwhelmed and foundered in a storm off the
ing out the occasion, and modes and the agen-
Azores.
cies for its exercise. 7
Prior to the reign of Henry VIII the rulers
An important point to remember is that sov-
of England were vassals of the Pope. When
ereignty can be exercised only by those who
Henry VIII broke with papal authority he be-
own the land.
came the first absolute sovereign of England.
Queen Elizabeth inherited this sovereign power In the records of Queen Elizabeth it is stated
from her father. She owned all of England and that:
all that England owned, and could of her own “ Members of Her Majesty’s Most Learned
volition grant the Charter to Sir Humphrey. and Honourable Privy Council (divers orders
However, when this Charter was brought to thereunto called) conceived and Established the
the attention of Her Majesty’s Privy Council, Crown in Chancery to Administer Affairs in
they said: But the Queen herself does not own connection with and exercise authority over the
everything by right. England and her posses- waste lands and commons of England. ”
sions belong to the Queen and her people. This Crown in Chancery, the first depart-
Consequently, they forthwith drafted thirty- ment of lands the world has known, was housed
nine articles which Her Majesty was induced to at Whitehall where it is today. The Lord High
sign. Chancellor is the custodian of the sovereignty
of England; all lands are under him and his
Article 1 reads:
jurisdiction, and their retention as assets of the
“ No gift or grant shall be made to any per- nation is his responsibility.
son without the consent of Parliament. ”
The Lords of Trade and Plantations was
This article transcends anything to be found
in Magna Carta. It demotes the sovereign of
7
. Under the article Eminent Domain.
organised by the merchants of London, and to General Wolfe fell on the field and was suc-
this organisation the Lord High Chancellor ceeded by General James Murray, next in
granted the power to exercise authority over command of the British forces; and when
and administer affairs in connection with the Montreal capitulated in 1760, General Murray
plantations and colonies in the New World. was appointed Governor of New France by the
Board of Trade. His papers, signed Yorke and
In order to assist them, Parliament enacted
Yorke Attorneys for the Board of Trade, consti-
the Navigation Acts: “ Anything and everything
tuted him an absolute dictator. 8
exported to the colonies must be by an English
ship, manned by an English crew. ” This is the As the title to all British lands is in the cus-
gist of the many Navigation Acts enacted by tody of the Crown in Chancery, all government
Parliament. or public lands are referred to as “ Crown
This administration became so obnoxious to lands. ” After the Lords of Trade and Planta-
the colonists that it became a matter of princi- tions were abolished, the Colonial Office ad-
ple as well as profit to them to circumvent the ministered the affairs of the colony. The colo-
rules of the Lords of Trade and Plantations nial officials were so enamoured of the terms of
insofar as they were able. This period is known the authority granted to General Murray by
as the old smuggling days. Yorke and Yorke that they copied them for all
governors thereafter.
It will be interesting to some to know that
the Charter to colonise Virginia was granted by The papers granting absolute power drafted
Parliament before it was submitted to Queen in 1947 to the Governor-General of Canada and
Elizabeth for her signature. signed W.L. Mackenzie King are, mutatis mu-
tandis, those issued to General James Murray in
One clause of this Charter gives us an in- 1763. There has been no alteration in the gov-
sight into the character of Sir Walter: “ ...the ernment of Canada since the capitulation of
colonists were to have all the privileges of Eng- Montreal, [September 8, 1760], with the excep-
lishmen and be governed by laws of their own tion that since Canada is no longer under the
making. ” Colonial Office (by reason of the enactment of
It may also be of interest to know that the the Statute of Westminster, December 11,
rule by the Board of Trade and Plantations 1931), the Colonial Office has not accredited a
lasted for two hundred years, from 1583 when governor to Canada.
the first Charter was granted to Sir Humphrey Returning now to 1600, Queen Elizabeth’s
Gilbert until a Treaty at Versailles was signed reign was followed by that of James I, the son
by Great Britain which recognised that the of Mary, Queen of the Scots, who was the
colonies of New England were independent, daughter of James V of Scotland and cousin of
September 1783. The loss of the colonies was a Queen Elizabeth. In 1603 when he was
bitter pill, and the prestige of the Ministry was crowned Monarch of England, he was and con-
a low ebb when in 1782 Burke introduced a tinued as Sovereign of Scotland.
Bill in scathing language to abolish completely
and utterly the Lords of Trade and Plantations. His accession to the throne of England did
In their destruction they provided a perfect not unite the governments. The governments of
scape-goat for the party in power. England and Scotland were united a hundred
years later (1707) in the reign of Queen Anne
Their functions were transferred to the Co-
lonial Office with a Secretary for the Colonies King James retained his right as King James
holding a cabinet position. In Canada, the battle VI, Sovereign of Scotland, where he was the
on the Plains of Abraham was fought in 1759. 8
. Sessional Papers 18, Dominion Archives.
exclusive owner, ruler and law of Scotland, posted in the City of Quebec that the punish-
since Scotland was a feudal state. ment would be death for any French Canadian
who emigrated to the colony of New York.
In England, however, James I was required
to submit to the advice and consent of the Eng- In 1680 some Scottish emigrants, finding the
lish Privy Council and Parliament. winters in Nova Scotia too rigorous for them
and hearing of the salubrious climate and fertile
The Charter to Sir Humphrey Gilbert to
land of Carolina, requested their Governor to
colonise Newfoundland which led to the sign-
confer with the Governor of Carolina in Eng-
ing of the famous Thirty-nine Articles by
land and negotiate with him to arrange for their
Queen Elizabeth rang the death-knell of the
removal to that colony. The Governor of Caro-
feudal system and fostered a period of prosper-
lina assented and wrote to his representative to
ity never heretofore known in England.
settle these colonists near the borders of Florida
It spawned the era of exploration, and fos- and provide them with thirty cannon and pow-
tered the arts, science and letters. der shot so that they could protect themselves
This period is adorned by the names of Eng- and prove a buffer between the English and the
land’s greatest men. Among those most noted Spaniards who held Florida.
are Shakespeare, Sir Francis Drake, Frobisher In 1684 fifty-one Scottish families arrived;
and Sir Walter Rawleigh. Returning from his but the agitation among the English colonists
last trip to Newfoundland, Sir Humphrey Gil- was so great they were not permitted to land.
bert was lost when his vessel, the Squirrel, This attitude was general throughout the New
foundered in a violent storm off the Azores. England colonies. The Scots spoke a language
Walter Rawleigh succeeded in saving his ship none could understand; they wore kilts and
and another vessel. When he reported the disas- were looked upon as savages. Even before the
ter to Queen Elizabeth, she granted him the Romans built Hadrian’s wall the English and
inheritance of his brother’s patents and Scots were antagonists. Not until the Treaty of
knighted him. Union was signed, 1707, were the Scots toler-
Nearing the end of his reign, King James VI ated. At the convention held in Philadelphia in
as Sovereign of Scotland, acting on his own 1782, commenting on the tremendous influence
volition, granted a Charter to Sir William Alex- the Scots and Irish had in the Legislature of
ander to colonise Nova Scotia in 1621. Pennsylvania, Benjamin Franklin said: “ ... and
to think I can remember the first ship that
The boundaries of the territory granted ex- brought them over. ”
tended from the mouth of the Penobscot River
One reason so many Scottish immigrants
north to the St. Lawrence, and comprised what
came was that as late as 1747 laws were en-
is now Gaspé, New Brunswick and Prince Ed-
acted by the British Parliament to “ civilize ”
ward Island and our present Nova Scotia (New
the Scotsmen. “ The practice of carrying dirks
Scotland).
to the Kirk and Publick meetings were keeping
King James is reported to have said: “ Well! the Scots from becoming civilised. ” This prac-
England has New England and France New tice was outlawed. The playing of the bagpipes
France, and I see no reason why Scotland or wearing a Scottish cap or any part of the
should not have New Scotland. ” Scottish garb meant deportation for man or boy.
Let me not omit to explain at this point that The captain of the ship landed the Scottish
subjects of one sovereign were not permitted to families in Florida where they settled at St.
emigrate to a country of another ruler. In 1684 Augustine. When reports reach Spain of the
a proclamation of the King of France was arrival of these heretics in their territory a force
was dispatched to drive them out. As the Scots arrested.
were unarmed, the Spanish force made quick
At the trial held at Edinburgh the authorities
work of this.
could produce no evidence that the prisoners
The Seminoles succeeded in saving a num- had sunk the Speedy Return, but they hanged
ber of the survivors, who thereafter made their them as pirates anyway.
homes with them. Nothing further was heard
from this Scottish colony. Feeling was running high in both England
and Scotland.
England was at this time at peace with
Spain, and this action was not their concern. Harley (afterward the Earl of Oxford),
Scotland, however, was enraged and decided to leader of the House of Commons, said: “ This
retaliate. Scotland outfitted and dispatched a means war or union. ” Taking time by the fore-
force of 2500 men with three ships and three lock, he subsidised Daniel Defoe (later author
ministers under the command of Rory McNab. of Robinson Crusoe, Moll Flanders and The
This force invaded the Isthmus of Panama, History of Colonel Jack) to publish the Review
drove the Spaniards out of three forts in 1686 of London, an eight-page paper and the Chroni-
and occupied the territory until the year 1701. cle of Edinburgh. Defoe wrote editorials for
each of these papers every day, and then often
Rory McNab expected that he would be
wrote a letter signed by a pseudonym criticising
able to buy supplies from the Barbados, Ja-
his editorial in order to cover another point in
maica or other English colonies However, fear-
his next edition.
ing that the Scots who were setting themselves
up on one of the principal trade routes of the In the latter part of the year 1706 Harley ap-
world would become their serious competitors, pointed him chief advisor to the commissioners
the Lords of Trade and Plantations had written appointed by Parliament and convened at Edin-
a circular letter to their governors not to grant burgh to discuss terms of union with Scottish
the Scots “ fire or water. ” officials. When in Edinburgh Defoe went so far
as to pay Scottish printers not to print the anti-
The Scottish force were dependent upon
union pamphlets some Scots were writing.
three ships to supply them. One, the Speedy
When his father died while he was there he
Return, was either captured or sunk by a pirate.
could not receive permission to leave to attend
The Scots blamed the English.
the funeral.
Short of supplies and decimated by malaria
Defoe, although famous as an author, de-
and yellow fever, the Scots accepted the offer
served more fame as a statesman. The best re-
of a Spanish envoy to give them passage back
cords we have of the union of England and
to Scotland if they would give up the forts.
Scotland are to be found in Defoe’s letters.
Some remained, being engaged in cutting dye-
wood in what is now British Honduras. In the history of Nations, ofttimes the mov-
ing of a lowly pawn on the chessboard of fate
In 1705, Captain William Green’s Wor-
brings about an entirely unforeseen result.
chester, caught in a storm in the North Sea, put
into the Firth of Forth and anchored at Leith, The colonising of Newfoundland brought an
the harbour for Edinburgh. Casual talk among end to the feudal system of England, and a lost
sailors on the docks led the authorities to be- Scottish colony coupled with the loss of the
lieve the ship was a pirate. They seized the Speedy Return (her ribs were later found on the
Worchester and in their search found that the shores of Madagascar) were the main events
goods in her holds were flung in and not stored which brought about the signing of a Treaty of
as they would be by stevedores at a wharf. Wil- Union creating the greatest Empire the world
liam Green and his first and second mates were had ever known.
 The Treaty of Union was signed by the rep-
resentatives of England and Scotland in the
reign of Queen Anne, on January 14, 1707.
Chapter 3

THE CITIZEN AND THE FLAG

F or many years I have been both intrigued

and secretly amused by the antics of British
subjects resident in Canada who ostensibly
that the Merchant Marine of Britain, in order to
show their peaceful intentions, should fly a Red
Ensign, with the Union Jack in the upper left-
have been advocating the adoption of a national hand corner, next the staff. ” This flag is exclu-
flag for Canada. sively the property of the British Merchant Ma-
rine. This association is not a part or depart-
Why? Because this is so illogical. Consider
ment of the government but an organisation of
their preferred position. They have a flag -- the
British ship-owners for commercial purposes.
Union Jack --
The Canadian Merchant Marine, which in a
and they exclusively have the privilege or
similar way is not a department of the Canadian
right to vote in Canada. School trustees must be
Government, requested permission from the
British subjects, and only British subjects are
British Merchant Marine for the privilege of
eligible to cast a vote at an election of a school
flying their flag. This was courteously granted
trustee.
in 1892.
All members of a municipal or city council
Since 1900 this flag has been flown from
or the legislatures of the provinces, members of
flag-poles across Canada on the land without
the House of Commons, members of a jury,
express permission; but there has been no pro-
lawyers, judges, members of the armed forces -
test or hindrance or opposition on the part of
- in fact, all professional positions can be filled
the British Merchant Marine.
only by British subjects.
Naturally, this ensign cannot be flown in
The Dominion Elections Act is adamant
wartime without destroying its value, for the
upon this point; it reiterates eleven times in its
purpose for which it was created was as a
various sections that the right to vote is exclu-
peace-flag to be flown as a protection to the
sively the prerogative of a British subject.
British Merchant Marine.
The British flag, the Union Jack, was
In 1935 some 2695 designs of a national flag
adopted upon the signing of the Treaty of Un-
for Canada were submitted by British subjects
ion uniting England and Scotland in 1707. This
to a committee of their peers appointed by the
flag was first flown from St. Paul’s Cathedral in
Rt. Hon. W.L. Mackenzie King.
London at a celebration to commemorate the
Union, May 1, 1707. We should explain that the expression right
honourable means that the individual referred
The cross of St. Patrick was added to the
to is a member of Her Majesty’s Imperial Privy
crosses of St. George and St. Andrew when the
Council, which comprises some 320 members
legislative union with Ireland was confirmed;
and which is the executive government of the
the new flag was first flown in Dublin on Janu-
United Kingdom. All members entitled to the
ary 1, 1801.
use of the designation are eligible to receive
On July 28, 1707, “ Queen Anne decreed their remuneration from the British Treasury,
the lowest salary being £ 2,000 per annum. Today no British subject may vote in Great
A committee of nine such are appointed to Britain.
assist the Governor-General in the government On July 20, 1948, the British Parliament en-
of Canada. The British government is responsi- acted the British Nationality Act. This Act pro-
ble for their actions, and they are responsible vides that the citizens of England, Scotland,
for their actions to the British Government. Northern Ireland and Wales are now British
The Rt. Hon. Lester B. Pearson now occu- citizens; they only are the electors of the House
of Commons, the members of which enact the
pies the position formerly held by the Rt. Hon.
John Diefenbaker, the Rt. Hon. Louis St. laws to govern not only British citizens but also
British subjects who dwell in their colonies.
Laurent and, previously to him, held by the Rt.
Hon. W.L. Mackenzie King. The Act further states that Canada, Austra-
lia, South Africa, New Zealand, the Irish Free
It was amusing for me to learn that many
State and Newfoundland are no longer colo-
Canadian citizens were confident that they
would adopt as a National Flag one of the de- nies.
signs submitted to the committee appointed. Does this not make sense ?
This committee, composed of British subjects,
To state that “ A Canadian Citizen is a Brit-
was to select one or more which would in turn
ish Subject ” is therefore not true and consti-
be submitted to a House of Commons elected
tutes an intentional misrepresentation of fact.
by British subjects and an Upper House com-
posed of British subjects appointed by a Gover- A friend and his wife were informed by the
nor-General who is a member of Her Majesty’s purser as their ship entered the English Channel
Imperial Privy Council. that the immigration officials had come aboard
with the pilot and they could save some time by
It will doubtless be conceded that if the Par-
filling out their forms to enter before the ship
liament of Canada was composed of Canadi-
docked.
ans, in the first session a national flag would be
adopted, together with a bill of rights, and a In filling out their forms, his wife under the
national anthem would be read and recom- item wrote “ Canadian Nationality. ” He wrote
mended. on his form “ British Subject - Canadian. ” The
Immigration official, using a heavy black pen-
It will be further conceded that the first right
cil, crossed off the words “ British Subject ”
of the citizen is the right to vote. […] Why dis- and said: “ As Canada is not governed by Brit-
cuss a bill of rights for Canada when no provi- ish law, we hold that you are not subject to our
sion has yet been made for a Canadian to exer- government. You are Canadian. ”
cise his franchise as a “ Canadian ”?
Recently a member of the House of Com-
In Russia, even though the Russian is re- mons (a British subject) said he intended at the
stricted to voting for one party, he votes as a next sitting of the House to introduce a measure
Russian. to request the government to declare December
Instead, here in Canada, the British subjects 11 a national holiday, to be known as Inde-
who compose the House of Commons enacted pendence Day, to commemorate the enactment
a measure entitled the Canadian Citizenship of the Statute of Westminster on December 11,
Act on June 20, 1946, which stated in Section 1931.
4, subsection 26, [ Been modified since, to read Is this just another “ red herring ” to be
at Sec. 31, par. 2, that a British subject is a dragged across the trail to divert the attention of
citizen of the Commonwealth of Nations. R.S. Canadian citizens from the fact that they are
1977. Ed.]
excluded from exercising their franchise as The Canadian Citizenship Act is, however, a
Canadians ? horse of another colour. It affects every Cana-
dian of voting age. As it has been incorporated
It is a matter of common knowledge that an
into the statutes of Canada, it is an instrument
individual who owns one share of stock in a
intended by those who sponsored it to keep
corporation has the right to cast his vote for
Canada and her citizens in thraldom, and it is
election of the directors, though he may hold
diametrically opposed to the raison d’être of
shares in other companies.
the Statute of Westminster.
In a syndicate, all members may be assessed
Naturally, the officials in Ottawa are amused
to pay any debts contracted by the syndicate or
and beam with unaffected pleasure when pre-
by any of the members thereof.
sented with a new design for a national flag. It
In a corporation (and Canada is a corpora- keeps Canadians busy and helps to keep their
tion), members or shareholders in the corpora- minds off matters of more importance. 9
tion are only those who own a share of that
corporation. [If you recall how the soldier hoisted the
newly adopted flag for the first time, officially
Does a Canadian own one share of stock in the 18th of February 1965; he did it from a
Canada? Or does Canada belong to British staff off the Parliament buildings in Ottawa.
subjects ? The land under those buildings is Ontarian,
Abraham Lincoln said that you can fool all and is rented. And a flag in the language of all
the people some of the time, and some of the nations is a display of property, except in Can-
people all of the time, but not all the people all ada. Ed.]
the time. [It took 2800 years for Gelileo to
straighten out Joshua at Jericho. Ed.]
Even if a design should be [and was] ac-
National disgust has been expressed by the cepted by a House of Commons and ratified by
press and the people concerning the exposure a Senate composed of British subjects ap-
of deceit in connection with “ The $64,000 pointed by a Governor-General who is a mem-
Question ” on TV Those responsible for this ber of Her Majesty’s Imperial Privy Council,
fiasco cannot be prosecuted, as no law has been would this be a Canadian flag ?
enacted to provide a penalty. The people were
free to watch the show or turn it off. Even if In the past fifty years, gallons of ink and
they continued to view the program, common reams of paper have been expended on articles
advocating the problem of a distinctive national
sense would tell them it was a fake.
flag for Canada, when a moment’s serious re-
The action taken to reduce the people [sov- flection would have supplied the obvious an-
ereignly cuckolded] of Canada to the position swer to the question. [Let’s call it an exercise of
of British subjects is treasonable and involves sincerity. Ed.]
all the responsible members of the House of
Commons and Senate of Canada, the Gover-
nor-General, and the legislatures of the prov-
inces as well. All these have had a part in en-
acting this measure or enforcing it.
The fake on television caused a ripple of
sensation which will not be long remembered
except by a handful of individuals whose repu- 9
. Margaret Mitchell’s only book has been “ Gone With
tation for veracity was torpedoed. the Wind ” ; and she never mentions Canada as
payment for all that pageantry of destruction. Ed.
 Chapter 4

THE CONSTITUTION OF THE GOVERNMENT OF ENGLAND

Darius: “ A jar of Earth and a jar of Water. ” 11

H istorians herald conflicts of the nations
and decisive battles which occur. None of
these are more important than the blood-
Neither Spain nor England claimed any title
to North America by discovery. The Spanish
less revolution accomplished by Queen Eliza-
title was granted by Pope Alexander VI (Rod-
beth when, with a scratch of her pen, she placed
rigo Borgia). England’s title was obtained by
her signature upon the Thirty-nine Articles,
treaties with native tribes.
changing the constitutional position of England
from that of the feudal system to that of a lim- England was England and Scotland was
ited monarchy. Whether this was done of her Scotland for over a hundred years after James I
own volition or not is immaterial. became Monarch of England in 1603. During
his reign, as we have said, he was also Sover-
It unfettered the latent abilities of the peo-
eign of Scotland. Under the feudal system he
ple, producing an upsurge of activity in the arts,
was what is called a “ corporation sole ”; he
science, literature and exploration, and result-
possessed title to all lands in Scotland, and his
ing in a period of prosperity and liberty hitherto
will was absolute. He was the law. James I was
unknown which is cited as the Golden Age of
careful not to come into conflict with the Eng-
England.
lish Parliament; he contented himself with us-
It is important for the student of constitu- ing his influence to help elect members who
tional law to observe and always to hold in were favourable to his policies.
mind that the ownership of land and sover-
When Charles I (James’ son) ascended the
eignty are inseparable. Eminent domain is
throne as Monarch of England, he also became
defined as:
recipient of the hereditary title of Sovereign of
“ The unrestrained ownership of land; inde- Scotland.
pendent of all action from without and para-
He made the mistake of attempting to gov-
mount over all action within. ” 10
ern England as he did Scotland. He was cor-
nered by a committee from Parliament, and as a
“ Discovery ” does not grant any legal title temporary measure signed thirty-one articles
to land. When the Phoenicians discovered Eng- which were a condensation of the Thirty-nine
land and traded for tin, did they claim any title Articles signed by Queen Elizabeth.
to England ? Certainly not. Did the Romans If Charles had not been Sovereign of Scot-
own England after building a network of roads land, it is quite probable that he would have
and elegant cities? No! When the Romans left, been content to conform to the regulations of
the land was the property of the native tribes, the Parliament of England.
the same as before they came.
He was well educated, and was the author of
Does Persia own Egypt? No! But there was several volumes. But he knowingly persisted in
a time when Egypt paid a tribute to the Court of violating the laws of England until his actions
precipitated a Civil War in which many lives
were lost.
10
. James Cacroft, Encyclopaedia of American and British
11
Law. . Herodotus, History.
 He was captured by Cromwell who had none who would say this was not a written con-
been appointed by Parliament as Commander stitution from 1653 to 1660.
in Chief of the Army. At his trial on London he Cromwell suffered a stroke in 1659 from
was adjudged guilty and ordered executed. which he did not recover, even to be able to
His reign lasted from 1623 to 1640. Oliver talk. Upon his demise his son Richard was
Cromwell was appointed Lord Protector of sworn in as Lord Protector. Richard, however,
England, and was busy for ten years repairing was not interested in holding this position and
the damages incurred by the Civil War. soon resigned.
When Parliament suggested that he be At this juncture, the House of Commons
crowned King of England, Cromwell refused sent a representative to Charles II to know if
but said that England should have a written he would be willing to take the oath as Lord
constitution. Protector.
He convened a constituent assembly and He accepted, and arrived in Dover on May
commissioned the leaders of the different reli- 29, 1660. As soon as he reached London he
gious sects to draft a constitution. Minor reli- was sworn in, and agreed to sign the vouchers
gious organisations were invited to seat dele- to pay the arrears owing to the members of the
gates. Army and Navy.
After the assembly had sat for some time, According to the Constitution the Commons
Cromwell called the leaders together and asked could vote the money, but it was necessary that
what progress they had made. They replied, the vouchers be signed by a person who had
“ We are not getting anywhere. ” taken the oath as Lord Protector.
Cromwell said, “ In that case, gentlemen, I Since then every Monarch of England on as-
think you should return your commissions to cending the throne takes the aforesaid oath as
me. ” Lord Protector.
Later, Cromwell was informed that there I have neglected to state that the House of
were still some members sitting in the House of Commons requested Cromwell to convene a
Commons. Cromwell called a sergeant and House of Lords to assist them in the govern-
said, “ Take a squad of soldiers to the House, ment. BUT, and this is a big BUT indeed, as the
turn those who are there out and lock the Upper House was convened at the request of
door. ” the House of Commons, the House of Lords
can be dissolved at any time by the present
When the sergeant asked them what they
House of Commons.
were doing, they answered, “ We are waiting
for the Lord Jesus. ” “ Well, ” he said, “ I think Upon the signing of the Treaty of Union in
you had better go, for he has not been here for a Edinburgh on January 14, 1707, Scotland
long time to my certain knowledge. ” agreed to the Constitution which now became
the British Constitution. Only one amendment
He turned them out and locked the door.
has been made to the Constitution. In 1838
Cromwell then commissioned General John
when Queen Victoria came to the throne, Sec-
Lambert, an Army officer who was a lawyer in
tion 3 of the Constitution was amended by
civil life, to draft a constitution to be presented
striking out the “ power of pardons, ” known as
to Parliament.
the “ Prerogative of Mercy, ” which since then
This constitution, which is called the In- has been exercised by the Home Secretary.
strument of Government, was adopted by the
Two prerogatives remain to be exercised by
Parliament on December 18, 1653. There are
the Lord Protector or Monarch. The Monarch other is a courtesy prerogative stipulating that if
may call upon any British citizen to form a a warrant is issued for the arrest of any person
Council in the event that, for example, a disas- of the King’s household or servants, the Mon-
ter should wipe out the present Cabinet. The arch’s assent is requested before it is served.

THE ENGLISH CONSTITUTION

T he English Constitution drafted by General

Lambert contains forty-two sections and is
dated December 18, 1653.
Authority of Parliament, shall run in the Name
and Style of the Lord Protector, from whom, for
the future, shall be derived all Magistracy and
Honours in these three Nations; and have the
Called the Instrument of Government by
Power of Pardons (except in the case of Mur-
historians, it is to be found in extenso in Acts of
ders and Treason) and Benefit of all Forfeitures
the Interregnum published by Firth and Rait.
for the public Use; and shall govern the said
These two men were delegated by the British
Countries and Dominions in all Things by the
Law Society to gather together and to publish
Advice of the Council, and according to these
the Laws and Orders enacted by the Common-
Presents and Laws.
wealth (1640 - 1660).
It is regretted that space does not permit the SECTION 4. THAT the Lord Protector,
publishing here of this Constitution in toto. It is the Parliament sitting, shall dispose and order
clear, concise and without ambiguity, and that the Militia and Forces, both by Sea and Land,
the British people have adhered to it so closely for the Peace and Good of the three Nations, by
is a silent tribute to its author more eloquent Consent of Parliament; and that the Lord Pro-
than mere words. tector, with the Advice and consent of the ma-
jor part of the Council, shall dispose and order
SECTION 1. THAT the Supreme Legisla- the Militia for the Ends aforesaid in the Inter-
tive Authority of the Commonwealth of Eng- vals of Parliament.
land, Scotland and Ireland, ant the Dominions
thereunto belonging, shall be and reside in one SECTION 5. THAT the Lord Protector, by
Person, and the People assembled in Parlia- the Advice aforesaid, shall direct all Things
ment, the Style of which Person shall be the concerning the keeping and holding of a good
Lord Protector of the Commonwealth of Eng- Correspondency with foreign Kings, Princes,
land, Scotland and Ireland. and States; and also, with the consent of the
major Part of the Council, the Power of War
SECTION 2. THAT the Exercise of the and Peace.
chief Magistracy, and the Administration of the
Government over the said Countries and Do- SECTION 6. THAT the Laws shall not be
minions, and the People thereof, shall be in the altered, suspended, abrogated, or repealed, nor
Lord Protector, assisted with a Council, the any new Law made, nor any Tax, Charge, or
Number whereof shall not exceed 21, nor be Imposition laid upon the People, but by com-
less than 13. mon consent in Parliament, save only as is ex-
pressed in the 30th Article.
SECTION 3. THAT all Writs, Process,
SECTION 7. THAT there shall be a Par-
Commissions, Patents, Grants and other
liament summoned to meet at Westminster
Things, which now run in the Name and Style
upon the third Day of September, 1654, and
of the Keepers of the Liberty of England, by
that successively a Parliament shall be sum- shall not give his consent thereto, within twenty
moned once in every third Year, to be ac- days after they shall be presented to him, or
counted from the Dissolution of the present give satisfaction to the Parliament within the
Parliament. time limited, that then, upon declaration of the
Parliament that the Lord Protector hath not
SECTION 8. THAT neither the Parlia-
consented nor given satisfaction, such Bills
ment to be next summoned, nor any successive
shall pass into and become Laws, although he
Parliaments, shall during the Time of Five
shall not give his consent thereunto; provided
Months, to be accounted from the day of their
such Bills contain nothing in them contrary to
first Meeting, be adjourned, prolonged, or dis-
the Matters contained in these Presents.
solved, without their own consent.
SECTION 41. THAT every successive
SECTION 9. THAT as well as all other
Lord Protector over these Nations shall take
successive Parliaments shall be summoned and
and subscribe a Solemn Oath, in the Presence
elected in Manner hereafter expressed; that is to
of the Council, and such others as they shall
say, the Persons to be chosen within England,
call on them, that he will seek the Peace, Quiet
Wales, and the Isles of Jersey, Guernsey, and
and Welfare of these Nations, cause Law and
the Town of Berwick upon Tweed, to sit and
Justice to be equally administered; and that he
serve in Parliament, shall be, and not exceed,
will not violate or infringe the Matters and
the Number of 30; and the Persons to be chosen
Things contained in this Writing; and, in all
and sit in Parliament for Ireland, shall be and
other Things, will, to his power, and to the best
not exceed, the Number of 30.
of his understanding, govern these Nations ac-
SECTION 11. THAT the summons to Par- cording to the Laws, Statutes, and Customs
liament shall be by Writ under the Great Seal of thereof.
England...
SECTION 42. THAT each Person of the
SECTION 22. THAT the persons so cho- Council shall, before they enter upon their
sen and assembled in manner aforesaid, or any Trust, take and subscribe an Oath, that they will
sixty of them, shall be, and be deemed the Par- be true and faithful to their Trust, according to
liament of England, Scotland and Ireland, and the best of their knowledge; and that in the
the Supreme Legislative Power to be and reside Election of every successive Lord Protector,
in the Lord Protector and such Parliament, in they shall proceed therein impartially, and do
Manner herein expressed. nothing therein for any Promise, favour or Re-
SECTION 23. THAT the Lord Protector, ward.
with the advice of the major part of the Coun- On the demise of Oliver Cromwell, Richard
cil, shall at any other Time, that is before ex- Cromwell took the oath of Lord Protector. Not
pressed, when necessities of the State shall being fitted by temperament for this position,
require it, summon Parliament in manner be- he, on the advice of his Ministers, resigned,
fore expressed, which shall not be adjourned, leaving the way open for the Parliament to in-
prolonged, or dissolved without their own Con- vite Charles II to return.
sent, during the first three months of their sit-
Samuel Pepys was at this time Secretary of
ting. And in future War with any foreign State,
the Navy, and he tells us that he accompanied
a Parliament shall be forthwith summoned for
the fleet which escorted Charles II from the
their advice concerning the same.
shores of Belgium. The King disembarked at
SECTION 24. THAT all bills agreed unto Dover and entered London on May 29, which
by the Parliament, shall be presented to the was his birthday. Charles was sworn in as Lord
Lord Protector for his consent; and in case he Protector, and thenceforth England was gov-
erned as a limited monarchy under the constitu-
tion established by Oliver Cromwell.
Enthusiasm ran high. Charles proved a
popular ruler. To please the people and as a
gesture to the return of the royal line, Cromwell
was disinterred and his head placed upon a
pike. The Constitution and the journals, re-
cords, and laws enacted during the twenty years
of the Commonwealth were ordered to be
burned by the public hangman. However, disin-
terring Cromwell did not rob him of his life,
nor did the burning of the Constitution abrogate
it. The Parliament, which was constituted by
Cromwell on December 18, 1653, invited
Charles II to return and carries on to this day.
During the reign of Charles a constitutional
question was precipitated by the House of
Lords attempting to interfere with the sole right
of the Commons to enact legislation regarding
money bills. The King dissolved Parliament.
The House of Lords never again contested or
attempted to interfere with this constitutional
right. Hallsbury says that the statement “ the
King can do no wrong ” is an immunity by
way of compensation for the absence of des-
potic power. This is instanced by the following
passage recorded by David Hume: “ It has
been remarked of Charles that he never said a
foolish thing or did a wise one... ” When the
King was informed of this saying, he observed
that the matter was easily accounted for. “ For
his discourse was his own, but his actions were
his Ministry’s. ” 12

12
. David Hume, History of England, Vol. VII, p. 212.
 THE BURNING OF THE CONSTITUTION ( 1661 )

T he covenant itself, together with the acts

for erecting the High Court of Justice, for
fabricating the arrangement and for declar-
Samuel Pepys tells us that on May 28, 1661,
...thence with Mr. Shepley to the exchange
about business, and there by Mr.
ing England a Commonwealth, were ordered
Rawlinson’s favour got into a balcony over
burnt by the hangman. The people assisted with
against the Exchange; and there saw the
great enthusiasm on this occasion.13 Hangman burn by a vote of Parliament two
The burning of the Constitution, whether by old Acts, one for Constituting us a Com-
accident or design, does not abrogate it. To monwealth, and the other I have forgot.
destroy the Constitution, it would be necessary Which do make me think of the greatness
for Parliament to do away with itself and for the of this late turn, and what people will do
people and the King to adopt a new constitu- tomorrow against what they all, through
tion. This has not occurred. The Instrument of profit or fear, did promise and practice this
Government as adopted by the Commonwealth
day.14
is the Constitution.
Apparently the burning was simply a flatter-
ing gesture to His Majesty, as the next day was
the King’s birthday.

13 14
. Diary of Samuel Pepys (Wheatley), Vol. I, p. 40. . Ibid., Vol. VII, p. 371.
Chapter 5
REBELLION OF 1835 - 1837

A hundred feet to the east and overshad-

owed by the approach to the north end of
the Jacques Cartier Bridge 15 which spans
Christmas holidays.
Governor Gosford had spent some time in
Montreal; finding everything normal he had left
the St. Lawrence River at Montreal stands a
for Quebec City. It was rumoured that a war-
monument erected to the memory of twelve rant had been issued for the arrest of Papineau -
criminals who were hanged. which afterward was found to be correct, but as
What was their heinous crime? They had there were no telegraphs or telephones as yet,
publicly expressed their desire to be governed there was no way of knowing whether he had
by laws of their own making. been arrested or knew of the warrant being
issued.
The leader in Quebec, Louis Joseph Pap-
ineau, was, and had been, a member of the In protest, the Sons of Freedom decided to
Lower Canada legislative assembly since 1809, parade. As they marched along St. James
taking the seat which had previously been held Street, they were met by members of the Doric
by his father who had been elected to the first Club and a fight ensued in which there were a
Legislative Assembly of Quebec, 1791. number of casualties.
Papineau was a rabble-rouser; he was well General Colborne, Commander of the Brit-
educated and a most popular, fluent speaker. ish forces in Quebec, was in Montreal and this
He appealed to the electorate when his sugges- was all he needed to justify his actions: he had
tions for the redress of their grievances were been instructed by the Colonial Office that if
frustrated by the Governor who was the gov- there was any trouble he was not to wait for the
ernment of Quebec appointed by the Secretary rebels to attack, but to shoot first.
of the Colonies. General Colborne was well equipped to
The Sons of Freedom was organised with cope with what he considered to be a hydra-
headquarters in Montreal East; the newspaper headed monster which aimed to separate the
which supported their views, called the Vindi- colonies from Great Britain as had been done
cator, was published in English. sixty years before by the thirteen states.
The Doric Club, with headquarters on He had ample forces accompanied by batter-
McGill Street in Montreal West, opposed the ies of cannon which had in mind the lessons
Sons of Freedom. they had learned from the treatment they had
received at Concord and Lexington.
Louis Papineau with his secretary, Wilfred
Nelson, had left for the country to spend the General Colborne decided to lead the troops
himself against a hot-bed of the Sons of Free-
15
. This bridge did not land on the island of Montreal as dom who, he was informed, had gathered at St.
planned. The factory on the surveyer’s line… did not Eustache for the Christmas celebrations.
allow the Canadian Government to expropriate space
When the action commenced on December
with the power of Eminent Domain. For this reason, the
bridge takes on a curve coming into Montreal. Had the 23, 1837, the Sons of Freedom barricaded
farmers of St. Hermas and Ste. Scholastique informed themselves in the church. Batteries were
their attorney, Guy Bertrand, the Canadian wheeled into position and the cannon, which
Government could not use the power of Eminent were trained on the massive doors, opened fire.
Domain to expropriate their land to create what is
known as Mirabel Airport, they would have saved
The cannonading reduced the doors to match-
themselves some valuable farms. Ed. wood within but a few minutes.
 The troops charged into the church where yet they were paying all the taxes for roads and
the fighting was hand to hand. Dr. Chenier, the schools. They wanted these lands opened for
leader, fell fighting on a gallery settlement.
There is a monument to his memory on It was an open secret that all offices con-
Place Viger Square facing Craig Street. nected with the government were filled with
relatives of the officials.
General Colborne then proceeded to raze
nine villages in the area with fire and sword. Three hundred men were armed with rifles
Six hundred farms were destroyed; the houses and proceeded under William L. Mackenzie to
and barns which held the hay and grain for the the outskirts of Toronto, where they halted to
live-stock were burned. await news from the Province of Quebec.
This section of Quebec is a fertile district, At this time there were no railroads, no
but in the dead of winter the live-stock (horses, steamships, no telegraphs or telephones, and at
cattle, sheep, hogs and poultry) would soon certain periods of each year the roads were
perish without food to feed them. almost impassable.
Sixty of the Sons of Freedom were arrested. Each colony had a separate governor; Gos-
Twelve were sentenced to be hanged and the ford in Quebec and Sir Francis Bone in On-
balance to be deported, some to the Bahama tario. Quebec posted a $5,000 reward for Louis
Islands, others to a prison in Tasmania, for the Papineau and Ontario offered a $5,000 reward
term of their natural lives. for William Mackenzie, dead or alive. The re-
Prior to this, two columns of troops began a bels in Ontario considered further effort useless
march from Three Rivers to Montreal. One and disbanded. William Mackenzie escaped to
New York State by crossing the Niagara River
column under Colonel Gore, crossed on the ice
in a skiff. Louis Papineau and his lieutenant
from Berthierville to Sorel. They encountered a
also escaped down Lake Champlain.
group of patriots at St. Denis on the Richelieu
and were defeated. They retreated to St. An old farmer arrived at St. John’s Quebec,
Charles where they stood their ground. Another at the head of the lake with six casks of maple
group of patriots marching to reinforce their syrup. A young lad had gone ahead to request
comrades on the Richelieu were defeated at the American captain to hold the boat as his
Napierville by a local British police force. father was anxious to have the syrup shipped to
catch the market in New York.
Colonel Wethrell, commanding the other
column which had parted with Colonel Gore at The farmer arrived after dark with his ox-
Berthierville, marched his troops west and, team. The casks of syrup were passed by the
crossing the Terrebonne, joined General Col- guards and rushed aboard, and as the wind was
borne and took part in the battle at St. Eustache. in the right quarter, the ship cast off lines and
headed down the lake. It was true that four of
the casks contained maple syrup, but in the
In Ontario, the main grievances were the other two, sitting on chairs, were Papineau and
“clergy reserve ” and the “family compact.” his lieutenant.
The Church of England was supported by Although the rebels in Ontario had dis-
the government, and large blocks of land in the banded, many of those who had taken part in
settlements were withheld from homesteading the march on Toronto were arrested. They were
and granted to the Church. This meant that the sentenced to penal servitude in Tasmania for
settlers were enhancing the value of these lands the term of their natural life.
by their industry in improving the district, and
 Although some of the men who were de- simply the Board of Trade.
ported to the Bahama Islands from Quebec
They had no power to govern, any more
were years later allowed to return, none of
than the Chamber of Commerce has today. As
those who were deported to Tasmania ever got
the name indicates, their function was in the
back. It is only the ghosts of those who perished
orbit of trade.
there which have returned for vindication.
As the colonies were under the Crown in
The names of those inscribed upon the
Chancery, administrative powers were granted
monument in Montreal which stands a hundred
to them by the Lord High Chancellor.
feet from where they were executed are:
The British Parliament had enacted the
Sir Charles de Lorimier; de Lorimier Street
Navigation Acts to assist them. Briefly, these
in Montreal is named after the family.
Acts stated that anything and everything of a
Ambroise Sanguinet; Sanguinet Street is manufactured nature must be imported from
named after his family. England and everything raised or produced in
the colonies must be exported to England.
Charles Hindelang, a writer from Switzer-
land, who had come to Canada via Paris and It was to the best interests of the Board of
New York. He was the youngest Trade that their representatives should be al-
(22) of the group executed, and the only for- ways on good terms with the colonists.
eigner.
These years were known as “ the old smug-
Joseph Narcisse Cardinal, who had been a gling days, ” as the colonists found that more
notary public in Chateauguay. profit could often be obtained by trading with
the Spaniards, French or the Dutch. This acted
Pierre Rémy Narbonne was a wealthy
as a deterrent to them. Nor could the Board of
farmer and businessman of Montreal.
Trade be said to be any more in favour of the
Joseph Duquette, real estate and notary Stamp Tax or the Tax on Tea put on the colo-
public. nies by the British Parliament than were the
Amable Daunais, farmer. colonists themselves. Their main objective was
to derive as much profit as they could for the
François Nicholas, farmer. merchants of London who were members of the
François Xavier Hamelin, farmer from Board.
south of Montreal. Naturally, the British Parliament was furious
Pierre Théophile Decoigne, from Mont- at the loss of the American colonies, and to
real. save the face of the party in power, the Execu-
tive Council blamed the Board of Trade.
Joseph Robert.
This is exemplified in the language used in
One was pardoned. He was a young farm- excoriating them in Burke’s Act, 1782; they
boy, Félix Pontrie, who feigned insanity. were utterly banished from taking any part in
From the landing of the Pilgrims at Ply- the administration of the colonies.
mouth Rock to the recognition of their inde- All colonies which remained were placed
pendence by Great Britain, the thirteen colonies under the Colonial Office (except India). The
were under the administration of the Lords of Secretary of State for the colonies was to have a
Trade and Plantations. seat in the Cabinet.
Over the years this name was altered to the Thus in 1837 there was an entirely different
Board of Trade and Plantations and, finally, to situation in Canada.
 Now, if Canada were lost as a colony, it Nothing that happened in Hungary exceeds
would be the Colonial Secretary who would the ruthlessness with which General Colborne
face the responsibility. destroyed the nine villages and six hundred
farms in the colony of Quebec. In fact, some of
If Canada were lost, not only would the Sec-
those deported to Siberia from Hungary may
retary lose his political head but also the party
come back, but, as we have noted, none of
to which he belonged would be defeated at the
those deported to the penal colony of Tasmania
polls.
ever returned. Nor is it conceivable that the
Although both governors of Quebec and On- records from Hungary will be erased from the
tario were appointed by the Colonial Secretary, pages of history as the Rebellion of 1835-1837
orders were also given to General Colborne to has been.
shoot first — to take no chances with these
To save his position and his party, Khru-
rebels. The General was an old veteran of the
shchev had to act ruthlessly. He simply lifted a
battle of Waterloo, and no doubt he was con-
page from the book of General Colborne, who
vinced that if the Lords of Trade and Planta-
was known in Quebec as Vieux Brûlot, the Old
tions had taken the proper action and attacked
Burner.
the rebels when they were encamped for the
winter at Valley Forge, they could have been
routed and the now independent New England
states would still be colonies of Great Britain.
It was a comparatively easy matter to have
the Doric Club meet the Sons of Freedom when
they paraded on St. James Street and thus give
him the excuse he needed to declare Montreal
under martial law.
Chapter 6

AMERICA ACT, 1867 16

THE BRITISH NORTH AMERICA

F ollowing is a synopsis of evidence pre-

sented before the Special Committee con-
vened to investigate the British North
fairly with the various domestic interests con-
cerned.
It is not safe to leave the question open and
America Act at the House of Commons, Ot-
ambiguous indefinitely, for at any time a dis-
tawa, February 26, 1935. F. W. Turnbull was
pute on a concrete issue may arise.
Chairman.
To retain permanently the intervention of
Excerpts are taken from the evidence of:
the Parliament of the United Kingdom is either
Dr. O. D. Skelton, Under-Secretary of State for superfluous or dangerous.
External Affairs.
Dr. Maurice Ollivier, K.C., Joint Law Clerk,
Dr. Ollivier, Joint Law Clerk of the House of
House of Commons.
Commons:
Dr. W. P. M. Kennedy, Professor of Law, Uni-
Further, our Constitution is a law adopted by
versity of Toronto.
the British Parliament exercising its incontest-
Dr. Norman McL. Rogers, Professor of Politi- able right of sovereignty toward its Colonies.
cal Science, Queens University. This explains the fact that the British North
America Act is not a reproduction of the Que-
Dr. Arthur Beauchesne, K.C., C.M.C., LL.D.,
bec Resolutions... England was free to agree to
Clerk of the House of Commons.
the resolutions or to disregard them entirely.
Dr. Skelton, Under Secretary of State for Ex-
Dr. Kennedy, Professor of Law, University of
ternal Affairs:
Toronto:
Now it might be said, why not trust the growth
I think we have got to get away from the
of convention or custom for the necessary
idea that the British North America Act is a
changes in our Constitution? The obvious an-
“ Contract ” or “ treaty .” I do not want to go
swer, I think, is that the process is too slow, and
into that, but it is true neither in history nor in
is applicable only in cases where unanimity has
law. The British North America Act is a Statute
been reached.
and has always been interpreted as a Statute.
No other country in the world looks to the
Suppose now we assume that it is necessary
Parliament of another country for the shaping
to have constituent powers in Canada, powers
of its constitution. This solution should only be
to change the Constitution, I approach the prob-
supported if we believe that Canadians are the
lem from two angles... First of all, I want to
only people so incompetent that they cannot
break the British North America Act up. We
work out a solution of their constitutional prob-
have got to ask ourselves, is the dead hand of
lem, and so biased that they alone among the
the past to be constantly laid with numbing
peoples of the world cannot be trusted to deal
effect on the body politic. That is really what it

16
. Cf. Lord Thring’s Practical Legislation, p. 9, published in 1902. Also Confederation Papers, by Sir Joseph Pope, AD 1905,
to witness the copy left by our well-beloved John A. Macdonald and his desired corrections about the Act. Ed.
amounts to... If we, in Canada, are not capable would be Winnipeg.
of interpreting our own Constitution, we should
Whether our country should be changed
not have a Legislature at all.
from a Dominion to Kingdom is also a subject
Dr. Rogers, Professor of Political Science, which might be discussed. I would suggest that
Queens University: the country could be called “ The Federated
States of Canada. ”
I am thoroughly convinced that the British
North America Act is not a pact or a contract There have been many disputes about Pro-
either in the historical or legal sense. vincial rights since 1867 and it seems certain
that when a new Constitution is drawn up the
Question by Mr. Cowan: You get back to this;
distribution of Federal and Provincial powers
your start is another interprovincial Confer-
will have to be modified.
ence ?
I submit that appeals to the Privy Council
Answer: I am afraid it is . I see no feasible al-
should be dealt with by our Constitution. This
ternative.
method would preserve the principle of taking
Hon. Mr. Lapointe: There is no doubt about it. our case to the highest tribunal without going
Dr. Beauchesne, Clerk of the House of Com- out of our country.
mons: If you will allow me, Mr. Chairman, I will
It is quite true that if we apply to the British just make another suggestion; if we have a con-
North America Act the principles followed in stituent assembly and if we discuss the making
the interpretation of Statutes it is not a compact of a new constitution, I think it is an anomaly
between the Provinces; it is an Act of Parlia- that Dominion affairs should, to a certain ex-
ment, which does not even embody all the reso- tent, be subject to Provincial authority. I would
lutions passed in Canada and in London prior to suggest that we have a Federal District, taking
its passage in the British Parliament, where about 25 square miles on each side of the Ot-
certain clauses that had not been recommended tawa River. [Its been in progress for a few
by the Canadian Provinces were added. ...The years. Ed.]
Statute of Westminster has altered our Status. ... I would not have any minority rights dis-
What we want is a new Constitution. cussed. There is nothing more dangerous in
The new Constitution must leave nobody Canada than a discussion of minority rights. A
with a grievance. A spirit of conciliation should discussion of them would wreck the whole
predominate. For these reasons, the task must Constituent Assembly.
be entrusted to an independent body, in which I think the time is ripe for a change in the
all the elements of the country will be repre- Constitution. I do not think you would need
sented. much publicity in order to draw attention of the
I want the assembly to sit in a City in the people of this country [to the fact] that the Brit-
West. It would not be necessary for a delegate ish North America Act is inadequate.
to be a member of Parliament or a Provincial As one who has had lengthy discussions
Legislature. I would suggest that the assembly with all those who had submitted their findings
do not sit in Ottawa, in order that it may not to the Commission, as well as with F. W.
have the appearance of being dominated, or Turnbull, K.C., and the Hon. Ernest Lapointe
even influenced by the Dominion power; and, who were members of the panel, I consider it à
as the Western Provinces are of such para- propos that remarks made when the act was
mount importance in the country, I suggest that passed be included in this chapter.
the best City for the representatives to gather in
 It should be noted that all of those who sub- make the law of the land.17
mitted briefs to the Commission were members
Prior to 1931, Great Britain owned the land
of the Dominion Government, and could have
and leased it to the provinces. In the Statute of
gone much further, if they had not been re-
Westminster of December 11, 1931, Britain
strained by the positions they held, or shall we
grants to the provinces (not the Dominion) the
say by the remuneration they received.
exclusive ownership of land. The sovereign
The British North America Act did not con- power exercisable by the British Government
stitute the Dominion Government. The Domin- until 1931 is now exercisable by the provinces.
ion Government was constituted by Sessional (This is explained in Chapter 8, The Statute of
Papers 18, drafted and signed by Yorke and Westminster.)
Yorke, and to be found in the Dominion Ar-
In order to enact laws which can be enforced
chives. Mr. Adderly said in the House of
the Dominion Government must own enough
Commons: “ The Act is designed to strengthen
land on which to erect a flagpole.
the hands of the Governor-General as much as
possible. ” This remark was made, no doubt, to At present the Parliament buildings in Ot-
quiet the fears of the members that Canada tawa are as much a possession of Ontario as
would be self-governing. any other asset within the boundaries of On-
tario. Would a flag erected on a flagpole in
The Quebec Resolutions open by stating:
Ottawa not be a possession of Ontario ?
“ The best interests in present and future pros-
perity of British North America will be pro- In order to comply with this fundamental
moted by a Federal Union... ” law, the United States, Australia and South
Africa have granted land to the central author-
Mr. Adderly’s statement therefore shows
ity. The only people today who cannot enforce
that not only is the Act not a reproduction of
a law are the Gypsies; they own no land. The
the Quebec Resolutions, but is diametrically
Dominion is in the same category.
opposed to any idea of self-government.
In Chapter 2 we quoted the definition of
Lord Campbell added his bit in the House of
Eminent Domain from James Cacroft’s Ency-
Lords when he said: “ It would scarcely be
clopedia of American and British Law. The
possible to break the artificial unity we now
British Government was the source by which
propose to organize. ” Professor Norman McL.
the Dominion was governed until 1931. The
Rogers (afterward Minister of Labour) said,
Provinces of Canada have not yet reached an
“ There was no Confederation. ” Hon. Ernest
agreement whereby the necessary power rising
Lapointe agreed with him. Dr. Beauchesne also
from “ the unrestrained ownership of land ”
agreed when he said, “ ...it is not a compact
can be transferred to the Dominion.
between the Provinces. ” He further sated that
“ I would suggest that we have a Federal Dis- How important is this power may be gath-
trict, taking in about 25 square miles on each ered from the experience of the United States.
side of the Ottawa River. ” Why ?
Dr. Arthur Beauchesne was the foremost 17
. [ Reference was made to the Bible to confirm this
constitutional authority in Canada and the au-
statement. Gen. 2, 16, offers the answer in between the
thor of Beauchesne’s Parliamentary Rules and lines. The first two citizens never voted any law, but the
Forms by which all members of the Commons Creator of Eden was compelled to make a law the
and Senate are governed in their conduct, their moment He established residents on His territory. Those
deliberations and their speeches. He knew that residents proved the law valid, they hid from the
lawmaker. Forget not there were only two citizens in that
there could not be any sovereignty without the garden, yet four were talking, but only the landowner
ownership of land. Those who own the land legislated ! Ed.]
Each state, being independent, was reluctant to Neither of them could or would have any
relinquish all sovereign rights over its lands to a foundation (in the absence of an agreement) to
supreme power. The states compromised by object to the western provinces forming a fed-
granting to the central government a small eral union. 19
state, the District of Columbia. They thereby
It will be noted in the excerpts from the text
granted to the central government the power to
of the Act which follow that the Act itself does
exercise the right of eminent domain on behalf
not create a government.
of the nation, retaining each severally the right
of eminent domain over the lands within the It states in Section 11 that there shall be a
boundaries of their own respective states. Council to aid and advise, appointed by the
Governor-General, who can remove them and
The Federal Government has the sovereign
appoint others.
power in the United States. This power was
conferred by the thirteen states which formed “ An order in Council has the same force
the Union, drafted the Constitution, and do- and the effect as an Act of Parliament. ”
nated the land which is the District of Colum- Section 12: “ The Governor-General can is-
bia. sue an Order in Council individually as the case
Mexico City is the federal district of Mex- requires. ” Section 14: and 58 provide a means
ico, Brazilia of Brazil, Santiago of Chili, and whereby the Governor-General may appoint
Buenos Aires of Argentina. Venezuela has two, lieutenant-governors of the provinces.
Amazonas and Amaguero. The Act provides that the Governor-General
We all know that the western farmers are has the power to appoint senators (2d) and issue
both deaf and dumb, but living amongst the writs for the election of a House of Commons
Indians they understand sign language. If then it (88).
should ever percolate into their consciousness The Act is (as Mr. Adderly stated) “ de-
that the stories of Confederation are a myth and signed to strengthen the hands of the Governor-
that their property is not considered an asset in General as much as possible. ”
the security of the bonded national debt, they
may decide to let Ontario and Quebec keep the Canada could not have two central govern-
Parliament buildings and also pay the interest ments. As has been previously stated, the Gov-
on the bonds. ernor-General is constituted as the sole gov-
ernment of Canada by Sessional Papers 18.
Before Mr. Dunning resigned as Minister This is recognised by the Governor-General’s
of Finance and also resigned his seat in the Act, Chapter 85 R.S.
House of Commons, he said, “ No securities
issued by this Dominion constitutes a mort- The first page of the British North America
gage upon any of the business assets of the Act was deleted after passing the House of
Dominion. ” 18 Lords and before it was assented by the Com-
mons. This page stated: “ By reason of the re-
The next three Ministers of Finance also re- quest of the Colonies for Federal Government.
signed: Mr. Ralston, Mr. Isley, Mr. Abbott. It is expedient therefore that they have laws
Ontario and Quebec seem to get along to- and regulations to guide them. ”
gether; at least neither have changed anything Here we have the reason for and the purpose
pertaining to their prospective in the last hun- of the Act. If this page had not been deleted,
dred years.
19
. Cf. Confederation of Regions by Elmer Knutson of 99th
18
. Hansard, February 16, 1939. Street in Edmonton, AB. Ed.
Canada would ere this have formed a Federal
Government. [… … … How ? Ed.]
Chapter 7

SEVEN TRAGIC YEARS, 1860 - 1867

A lthough enormous losses were sustained

were sustained by both the North and
South in the Civil War, they are far out-
time, was the only remaining state whose presi-
dential electors were chosen by vote of the
State Legislature rather than by popular vote.
weighed by the losses sustained by Canada. The Legislature was in session to select the
The whys and wherefores of this seeming para- State’s electors when the news was received
dox are recounted are recounted and explained that Abraham Lincoln had been nominated.
in the following pages. The highlights of the
Four days later the Legislature passed an act
year 1860 are the nomination of Abraham Lin-
calling for the assembling of a secession con-
coln, the visit to America of the Prince of
vention to be held in Charleston on December
Wales, and the completion of the telegraph to
17.
San Francisco.
By unanimous vote of its 169 members, it
The Prince of Wales was welcomed and re-
enacted its Ordinance of Secession, which de-
ceived with acclaim and lionised by the local
clared: “ The 1788 Act of South Carolina con-
dignitaries in all the centres he visited in the
vention, whereby the Constitution of the United
United States. He was widely travelled and
States was ratified, is hereby repealed, and the
proved a ready and gracious speaker at dedica-
union now subsisting between South Carolina
tions of public buildings and on ceremonious
and the other states under the name of the
occasions. The Prince was also a popular pa-
United States of America is hereby dissolved. ”
tron of sports, particularly of horse-racing. He
gave the impression that he was not interested In the evening a ceremony was held of the
in serious affairs or the activities of his gov- signing by the delegates of this historic docu-
ernment, and was generally considered a good- ment in the presence of the governor and offi-
natured play-boy. cials of the State. Mississippi, Florida, Ala-
bama, Louisiana, Georgia, and then Texas fol-
We learn from British sources that although
lowed and for a brief time were independent
he was allowed a generous stipend by the gov-
republics. Delegates from these states were
ernment, his mother, Queen Victoria, and the
convened at Montgomery, Alabama, on Febru-
Cabinet assiduously kept all matters of import
ary 4, 1861, and organised the Confederate
from him, and that it was not until 1882 that he
States of America.
was permitted even the inspection of important
documents pertaining to the actions and poli- It is most evident that South Carolina knew
cies of the executive. before any action was taken that a scheme had
been developed in Europe to assist them and
There is little doubt, however, that among
the other states provided they decided to se-
the members of his entourage there were well-
cede.
qualified men who knew the score and would
be unshackled in transmitting to their govern- Napoleon III may not have been the author
ment information of importance concerning the of the scheme, for Disraeli is quoted as saying,
situation in North America. “ Napoleon will do anything I want him to do. ”
Abraham Lincoln was nominated on May Disraeli had a plan to take over the control-
16, 1860, by the Republican Party convened in ling interest of the Suez Canal, and had taken
the Wigwam, Chicago. South Carolina, at the Napoleon into his confidence; in any case, they
were the best of friends. pire; or they might be more satisfied with
crowning the Prince of Wales as King of Amer-
It is a matter of common knowledge that the
ica.
sympathies of the landed and titled gentry and
monied interests of Great Britain were with the Following is the agreement signed by Eng-
Southern sates. Furthermore, the agreement to land, France, and Spain.
put the scheme into effect was signed in Lon-
Article 1. Her Majesty the Queen of the
don. Five-score years had come and gone since
United Kingdom of Great Britain and Ireland;
France had lost Canada to the British on the
Her Majesty the Queen of Spain and His Maj-
Plains of Abraham. In 1776 Great Britain had
esty the Emperor of the French, engage to
lost her New England colonies with the assis-
make immediately after the signature of the
tance provided by France. By warring with
present convention, the necessary arrange-
Britain, Spain had become so anaemic that she
ments for dispatching to the coast of Mexico,
could not muster the forces to control her colo-
combined naval and military forces, the
nies, or to prevent them from declaring their
strength of which shall be determined by a fur-
independence.
ther interchange of communications between
Each of these European powers had lost their Governments, but of which the total shall
their most valued possessions by fighting each be sufficient to seize and occupy the several
other; why not join their forces and recover fortresses and military positions on the Mexi-
what they had lost was the argument of Napo- can Coast.
leon III.
Article 2. The commanders of the allied
Now was the opportune time. The Southern forces shall be moreover authorised to execute
states were planning to secede. Why not help the other operations which may be considered
them? on the spot, most suitable to effect the object
specified in the preamble of the present conven-
The uncouth rail-splitter named by the Re-
tion, and specifically to ensure the security of
publican party was no match for the Southern
foreign residents. 20
gentlemen with all their wealth and erudition.
He would be defeated if the combined armed It could not have been the Mexican debt that
forces of Europe were arrayed against him. caused these traditional enemies to forget their
animosities and to become allies in an invasion
Mexico owed a ten million dollar debt to
of Mexico. For when it was noised about that
British and French bankers which could be the
an invasion was contemplated, Lincoln offered
proper excuse for an invasion. Napoleon III’s
to pay the debt rather than have any country in
Foreign Legion alone was sufficient to conquer
the Americas invaded. Lincoln’s offer was dis-
Mexico, which was governed by an ignorant
counted. The European powers were informed
Indian, Benito Juarez, who had no armed forces
that the Southern states were in any case seced-
worthy of the name.
ing from the Union, and that Lincoln had made
When the Americans were defeated, France the offer not for humanitarian reasons, but be-
would be able to recover Louisiana which Na- cause he was afraid to fight. Lincoln was vili-
poleon Bonaparte had sold in 1805 without the fied and abused. How could this uncouth rail-
consent of the government or the French peo- splitter from the North hope to defeat Southern
ple. gentlemen?
The Northern states would have become so Napoleon III contacted his friend Maximil-
exhausted by the war that they would be ian, brother of Emperor Francis Joseph of Aus-
pleased to end hostilities by joining up with
Canada, and again be a part of the British Em- 20
. Annual Register (British), 1861, p. 216.
tria, and offered him Mexico and the forces to of North America as the Spaniards had com-
place him on the throne as Emperor of Mexico. mandeered all the first-class hotel accommoda-
tions in Vera Cruz.
Maximilian was a tall, handsome prince
who but a short time previously had married To pay the troops in Mexico, Napoleon sent
Carlota, the sixteen-year-old Belgian beauty. three millions in gold under guard which was
They resided in their villa in Italy. Twice intercepted by a Mexican force.
Maximilian turned the offer down; but when
In 1863, exactly a month after the Foreign
approached the third time, he agreed, but said
Legion landed in Vera Cruz to pave the way for
that he would accept only on the condition that
the ill-fated Emperor Maximilian and his Bel-
it was the desire of the Mexican people them-
gian bride, Carlota, the incident at Camerone
selves.
occurred. The Legion, warned that a French
This did not prove a difficult matter to ar- convoy carried food, arms and three millions in
range. A group of Mexican grandees made a gold was nearing Pueblo, was asked to provide
visit to Italy and Maximilian was crowned Em- protection. A patrol of 62 Légionnaires and two
peror of Mexico by them in Italy. Napoleon officers, led by Captain Danjou, a veteran of
was jubilant; everything was proceeding ac- Sebastopol, who had a wooden hand, set forth
cording to plan. As the Mexican people had on the assignment. At ten in the morning, Dan-
wrested the right to govern themselves from jou and his company ran smack into a Mexican
Spain, it would never do to attempt to put a detachment of 800 Cavalry and 1200 Infantry,
Spaniard on the throne, but this was different. and hurriedly holed up behind the wall of a
wayside inn.
Here was a handsome Prince who had been
crowned Emperor, ostensibly by the Mexican Throughout most of the day, the 62 Légion-
people themselves. None could say this was not naires successfully held off the 1500 Mexicans.
so. Napoleon had completed the groundwork. Finally the survivors assembled and took oath
On his part he had promised to dispatch thirty on Danjou’s wooden hand to fight until death.
thousand troops of the Foreign Legion to Mex- When dusk fell only five Légionnaires re-
ico to be at Maximilian’s disposal. Napoleon mained. They had one bullet left. They fixed
himself came over to America where he lived their bayonets, and as the Mexicans poured
in his yatch anchored off St. Helen’s Island in through the breaches in the wall, the Légion-
the harbour of Montreal, just where the present naires charged. All gave their lives, after inflict-
seaway has been opened. ing 580 casualties upon the Mexicans, but the
convoy to Pueblo was saved. This was France’s
He was in constant communication by tele-
Alamo.
graph with the forces he had dispatched to
Mexico. Msgr. Roy of Montreal stated that Today, on every anniversary of Camerone,
Napoleon appeared well informed regarding the after the music is done and the parades are
political situation in North America. over, the oldest Legionnaire in Bel-Abbes un-
A Spanish fleet stationed at Cuba when the wraps Captain Danjou’s wooden hand and dis-
agreement was signed immediately invested plays it to the men. Even those who have seen
Vera Cruz in Mexico. This fleet was shortly it April after April are moved. 21
joined by squadrons of the British and French The first shot fired at Fort Sumter was from
fleets. a Blakeley and Whitworth rifled cannon. The
The British Admiralty received a typical garrison at the Fort remarked on its extraordi-
English letter from a rear admiral; he wanted to
21
know if Spain was to have all the choice pieces . Irving Wallace, “ Army Anonymous, ” Collier’s, Feb. 1,
1947.
nary accuracy. This cannon has the distinction
of being the first breech-loading cannon to be
fired in actual war. The manufacturers sent a
squad of men to show the Southerners how to
operate its mechanism.
In the charge of the Light Brigade at
Balaklava in the Crimean War [1854-1856), the
batteries were muzzle-loading, with round shot.
Colonel A. R. Dunn, who won the Victoria
Cross in this charge, was sent from England to
Toronto, Ont. with eight thousand men aboard
the Great Eastern. He was to await orders, but
to be prepared to attack Lincoln from the north.
Charles Bruce, British Consul at Charles-
ton, SC., was the go-between to arrange the
marketing of Confederated bonds in Britain;
these were to provide the funds to build a navy
of privateers for the Confederacy.
Most of these ships were constructed by
Laird and Son at Birkenhead, and included the
Alabama, Florida, Georgia, Shenandoah, Tal-
lahassee, Chickamauga, Clustee and Sea King.
with their auxiliaries.
They were British from keel to mast-head,
armed with British guns, manned with British
tars and outfitted with British supplies.
The headquarters and pay office of the Con-
federate Navy was in Liverpool. When the war
was over Charles Bruce was promoted to be
Consul-General of Cuba, a Spanish possession.
 RUSSIA’S INTERVENTION

L et me not omit to explain the Russian posi-

tion and the assistance Russia tended to
Lincoln in this conflict.
Lincoln, having himself freed the slaves of
Russia in 1860.
These powers arrayed against Lincoln were
Peter the Great well deserved his title. As a his erstwhile enemies. Britain, France, Sardinia
young man he arrived incognito in England and and Turkey were the allies which he had de-
applied for work as a common labourer in the feated in the Crimea. He knew he could not
British shipyards. Britain was then the foremost hold Alaska if Lincoln were defeated. He dis-
shipbuilding country, and Peter, by his willing- patched his Baltic squadron under the com-
ness and industry, was gradually promoted until mand of Admiral Livofsky to New York and
he became a ship-wright. his Pacific fleet under Rear-Admiral Popov to
San Francisco with instructions that they were
Vast forests of fir and pine covered the
to take orders from Lincoln.
shores of the Baltic, and here Peter established
his shipyards. Over the next two decades there Considering the tremendous losses sustained
was no letup in the launching of ships until the in the Crimea, the last thing that Britain wanted
Russian navy became the equal of the British was another war with Russia. Britain also knew
fleet. that it would mean war if she continued to as-
sist the Confederacy.
The Bering Sea is named after a Russian
sea-captain who was the discoverer. Immedi- It would be best to let the North and South
ately the Russian American Fur Company was fight it out. The arrival of the Russian fleets
chartered to trade for furs with the natives of was coincident with the tide of war favouring
Alaska. the Northern states.
Needing supplies for the trappers and their In the mean time the privateers which had
employees, the Company negotiated an agree- been built in British shipyards had driven the
ment with Spain, and for a small yearly pay- merchant ships of America from the sea.
ment received a concession of land at Russian Even after the war was over the Shenan-
River, Bodego Bay, California, on the shores of doah, which had put into Australia for repairs,
the Pacific, a short distance up the coast from recruited 50 men from Botany Bay and, sailing
the Golden Gate. to the Arctic, sank fourteen whalers. The Shen-
Here for many years they farmed the land, andoah was unaware that the war was over.
raised their own beans, peas, corn, hogs and Many speeches were made in the House of
cattle. Commons against the sinking of merchant
When Mexico, including California, de- ships, among them one by Mr. Cobden:
clared independence from Spain, the Company What did Russia do? She sent her fleets im-
lost this concession and thereafter purchased mediately to America, and knowing the astute
their supplies from the Hudson Bay Company and long-headed man who rules at St. Peters-
which had stores at Masset, on the Queen Char- burg, does anybody doubt what the motive
lotte Islands, and at Port Simpson, near Prince was?... No doubt with the intention of putting
Rupert. Naturally the Czar, because of his in- those crews in the swiftest vessels that could be
terests in Alaska, was keenly watching events obtained both on the Atlantic and Pacific side,
in North America. He was in sympathy with
in order that they may be employed against our Would Great Britain be willing that the evi-
commerce... Recollect her geographical posi- dence be submitted to an impartial Tribunal of
tion. Arbitration?
She has one sea-coast on the Atlantic and The answer was: “ Couldn’t think of it, you
another on the Pacific, and he Pacific coast is know, ” or words to that effect.
within about a fortnight’s steaming of the
At this juncture the clever suggestion was
China trade.
made that an independent organisation be
Let any man read the shipping list from formed with the avowed purpose of annexing
Shanghai and it is almost like reading the Liv- Canada.
erpool shipping list. Suppose then, you were at
Who and what were the Fenians ? Mr.
war with any other power and you had laid
Watkin gave us an answer to this question
down this doctrine for other countries to imi-
when he addressed the House of Commons in
tate; why, let the Americans be as true and
London, Feb. 23, 1866. This was five months
loyal to their principle of neutrality as they have
prior to the fight at Ridgeway, Ont., where
been, can you doubt, if American nature is Eng-
General John O’Neil leading the Fenians was
lish nature, that out of their innumerable creeks
met by a regiment from Toronto.
and harbours, there will not be persons to send
forth fleet steamers to prey upon our com- Mr. Watkin: He had recently been in the
merce ? United States. He was in Philadelphia when the
Fenian Congress was sitting there in October
Why, many Americans will think it an act of
last. He was in New York when the Head-
absolute patriotism to do this. They will say:
quarters of the Fenian Organisation was re-
We have lost our Mercantile Marine through
moved from Duane St. to one of the largest
you doing this, and by doing the same thing
houses in Union Square, which was set up as
toward you we will recover it again, and you
what they called the Fenian Capitol and sur-
will be placed in the same position we were.
mounted by what they called their adopted flag.
You will have a high rate of insurance, and He was also in Canada when rumours more or
you will be obliged to sell your ships. You have less serious arrived of intended Fenian raids
the profits before, now we shall have it, for this into British Territory, and knew preparations
game is one that two can play at. 22 had been made to resist attack... No one in the
United States could plead that he did not know
that there existed a vast ramification all over
Great Britain finally agreed to an impartial the States, having war with a peaceful ally for
Tribunal of Arbitration only after the United its avowed object. With regard to the Congress
States threatened to annex Canada. at Philadelphia he might mention one peculiar
Previously Great Britain had been most em- feature was the presence of a large number of
phatic in denying any responsibility for dam- officers in the employment and pay of the Gov-
ages resulting from the activities of the priva- ernment of the United States. He had in his
teers. hand a list of a very small committee of the
Congress and yet it contained the names of no
It was true that these ships were constructed less than ten volunteer officers belonging to the
in British yards by private citizens, but as Brit- United States. Three of these were Generals,
ain had not declared war, the government was five were Colonels, one was a Captain and the
not responsible. last one was a Lieutenant.
Colonel William R. Roberts was chosen as
22
. Parliamentary Debates, Vol. 175, pp. 500-505. the President of the Organisation and General
T. W. Sweeney (who was then Commanding Committee of Foreign Affairs (July 2, 1866).
Officer of the 116th United States Infantry) as
A bill for the admission of the States of
Secretary of War. His staff was composed of
Nova Scotia, New Brunswick, Canada East and
the following officers, all of whom had seen
Canada West and for the reorganisation of the
service in the Civil War. Chief of Staff: Brig.
Territories of Selkirk, Saskatchewan and Co-
Gen. C. Carroll Tavish... Chief of Engineering
lumbia.
Corps: Col. John Meehan... Chief of Ordnance:
Col. C.H. Rundell... Engineer Corps: Lieut. Sec. 1.
C.H. Treslier... Asst. Adj.-Gen.: Major E.G. Be it enacted by the Senate and House of
Courtney... Ordnance Dept.: Major M. Representatives of the United States of Amer-
O’Reilly... Quartermaster: Major M.H. Van ica in Congress assembled, that the President of
Brunt... Aide de Camp: Capt. D.W. Greeley the United States is hereby authorised and di-
and Capt. Daniel O’Connell... rected, whenever notice shall be deposited in
The Chancellor of the Exchequer: It may the Department of State, that the Governments
be perfectly true, and is unhappily too true that of Great Britain and the Provinces of New
Fenianism in the main is the thing imported Brunswick, Nova Scotia, Prince Edward Island,
from America. Newfoundland, Canada, British Columbia, and
Vancouver’s Island, have accepted the proposi-
As the regulars were mustered out in 1865
tion hereinafter made by the United States, to
they were permitted to retain their rifles and
publish by proclamation that, from the date
knapsacks. These trained and armed veterans
thereof, the States of Nova Scotia, New Bruns-
were welcomed by the Fenian organisation and
wick, Canada East and Canada West, and the
largely were the nucleus of the 184,000 volun-
Territories of Selkirk, Saskatchewan, and Co-
teers. To embarrass Great Britain a squad of
lumbia, with limits and rights as by this Act
Fenians under Stevens was dispatched to Ire-
defined are constituted and admitted as States
land, and because of their activities in foment-
and Territories of the United States of America.
ing rebellion there most of them were arrested
and sentenced to life imprisonment.
Ten thousand Fenians were encamped at Sec. 2.
Buffalo and a raid was made into Ontario by Be it further enacted... That the following
Gen. John O’Neil with 1500 men. This force articles are hereby proposed, and from the date
was met at Ridgeway by a regiment of Canadi- of the proclamation of the President of the
ans from Toronto. The engagement lasted most United States shall take effect, as irrevocable
of the day, with few casualties. conditions of the admission of the States of
When news of the mission was flashed to Nova Scotia, New Brunswick, Canada East and
Britain, the Government agreed to negotiate. Canada West, and the future States of Selkirk,
The force under O’Neil was recalled, and to Saskatchewan and Columbia, to-wit:
carry out the fiction that raid had been made
without the knowledge of the United States,
most of them were arrested. However, a Bill Article I.
had been introduced into the House of Repre- All public lands not sold or granted; canals,
sentatives to annex Canada. public harbours, lighthouses and piers; river
The following Bill to annex Canada was in- and lake improvements; railways, mortgages
troduced into the House by Representative and other debts due by railway companies to
Banks. Later, when Great Britain had agreed to the Provinces; custom houses and post offices
arbitration, this Bill was recommitted to the shall vest in the United States; but all other
public works and property shall belong to the Territorial divisions are established as fol-
State Governments respectively, hereby consti- lows: (1) New Brunswick, with its present
tuted, together with all sums due from purchas- limits; (2) Nova Scotia, with the addition of
ers or lessees of lands, mines, or mineral at the Prince Edward Island; (3) Canada East, with
time of the union. the addition of Newfoundland and all territory
east of longitude 80 deg. and south of Hudson
Straits; (4) Canada West, with the addition of
Article II. territory south of Hudson’s Bay, and between
In consideration of public lands, works, and longitude 80 deg. and 90 deg.; (5) Selkirk
property vested as aforesaid in the United Territory bounded east by longitude 90 deg.,
States, the United States will assume and dis- south by the late boundary of the United States,
charge the funded debt and contingent liabili- west by longitude 105 deg., and north by the
ties of the late Provinces at rates of interest not Arctic Circle; (6) Saskatchewan Territory,
exceeding five per centum, to the amount of bounded east by longitude 105 deg., south by
$85,800,000; apportioned as follows: To Can- latitude 49 degrees, west by the Rocky Moun-
ada West, $36,500,00; to Canada East, tains, and north by latitude 70 deg.; (7) Co-
$29,000,000; to Nova Scotia, $8,000,000; to lumbia Territory, including Vancouver Island
New Brunswick, $7,000,000; to Newfound- and Rocky Mountains, south by latitude 40
land, $3,300,000; and to Prince Edward Island, deg., and west by the Pacific Ocean and Rus-
$2,000,000; and in further consideration of the sian America. But Congress reserves the right
transfer by said Provinces to the United States of changing the limits and subdividing the areas
of the power to levy import and export duties, of the western territories at discretion.
the United States will make an annual grant of
$1,646,000 in aid of local expenditures, to be
Article V.
apportioned as follows: To Canada West,
$700,00; to Canada East, $550,000; to Nova Until the next decennial revision, represen-
Scotia, $165,000; to Newfoundland, $65,000; tation in the House of Representatives shall be
to Prince Edward Island, $40,000. as follows: Canada West, 12 members; Canada
East, including Newfoundland, 11 members;
New Brunswick, 2 members; Nova Scotia,
Article III. including Prince Edward Island, 4 members.
For all purposes of State organisation and
representation in the Congress of the United
Article VI.
States, Newfoundland shall be a part of Canada
East, and Prince Edward Island shall be a part The Congress of the United States shall en-
of Nova Scotia, except that each shall always act, in favour of the proposed Territories of
be a separate representative district and entitled Selkirk, Saskatchewan and Columbia, all the
to elect at least one member of the House of provisions of the Act organising the Territory
Representatives, and except also that the mu- of Montana, so far as they can be made appli-
nicipal authorities of Newfoundland and Prince cable.
Edward Island shall receive the indemnities
agreed to be paid by the United States in Arti-
cle II. Article VII.
The United States, by the construction of
new canals, the enlargement of existing canals,
Article IV. and by the improvement of shoals, will so aid
the navigation of the St. Lawrence River and as practicable, shall be surveyed according to
the Great Lakes that vessels of fifteen hundred the rectangular system of the General Land
tons’ burden shall pass from the Gulf of St. Office of the United States; and in the territo-
Lawrence to Lakes Superior and Michigan; ries west of longitude 90 degrees, or western
provided that the expenditure under this Article boundary of Canada West, Sections sixteen and
shall not exceed $50,000,000. thirty-six shall be granted for the encourage-
ment of schools, and after the organisation of
Article VIII.
the territories into the States, 5 per centum of
The United States will appropriate and pay the net proceeds of sales of public lands shall
to “ The European and North American Rail- be paid into their treasuries as a fund for the
way Company of Maine ” the sum of improvement of roads and rivers.
$2,000,000 upon the construction of a continu-
ous line of railroad from Bangor, in Maine, to
St. John, in New Brunswick; provided said Article XI.
“ The European and North American Railroad The United States will pay $10,000,000 to
Company of Maine ” shall release the Govern- the Hudson Bay Company in full discharge of
ment of United States from all claims held by all claims to territory or jurisdiction in North
its assignees of the States of Maine and Massa- America, whether founded on the charter of the
chusetts. company or any treaty, law or usage.
Article IX.
To aid the construction of a railway from Article XII.
Truro, in Nova Scotia, to Rivière du Loup, in
Canada East, and a railway from the City of It shall be developed upon the Legislatures
Ottawa, Pembina and Fort Gary, on the Red of New Brunswick, Nova Scotia, Canada East
River of the North, and the Valley of North and Canada West, to conjoin the tenure of the
Saskatchewan River, to some point on the Pa- office and the local institutions of said States to
cific Ocean north of latitude 49 deg., the United the Constitution, and laws of the United states,
States will grant lands along the lines of said subject to revision by Congress.
roads to the amount of twenty sections, or Section 3.
12,800 acres, per mile, to be selected and sold
in the manner prescribed in the Act to aid the Be it further enacted... If Prince Edward Is-
construction of the Northern Pacific Railroad, land or Newfoundland, or either of those Prov-
approved July 2, 1862, and Acts amendatory inces, shall decline union with the United
thereof; and, in addition to said grants of land, States, and the remaining Provinces, with the
the United States will further guarantee divi- consent of Great Britain, shall accept the
dends of five per centum upon the stock of the proposition of the United States, the foregoing
company or companies which may be author- stipulations in favour of Prince Edward Island
ised by Congress to undertake the construction and Newfoundland, or either of them, will be
of said railways; provided that such guarantee omitted; but in all other respects the United
of stock shall not exceed the sum of $30,000 States will give full effect to the plan of union.
per mile, and Congress shall regulate the secu- If Prince Edward Island, Newfoundland, Nova
rities for advances on account thereof. Scotia and New Brunswick shall decline the
proposition, but Canada, British Columbia and
Vancouver Island shall, with the consent of
Article X. Great Britain, accept the same, the construction
of a railway from Truro to Rivière du Loup,
The public lands in the late Provinces, as far
with all stipulations relating to the Maritime was aired in the House of Commons.
Provinces, will form no part of the proposed
In Parliamentary Debates under the head-
plan of union, but the same will be consum-
ing ” Debate on Colonel Jervois’ Report , ”
mated in all other respects. If Canada shall de-
most of the leaders on both sides of the House
cline the proposition, then the stipulations in
had something to submit. The debate which
regard to the St. Lawrence canals and a railway
commenced on March 13, 1865, covers ap-
from Ottawa to Sault St. Marie, with the Cana-
proximately a hundred pages of British Han-
dian clause of debt and revenue indemnity, will
sard. Excerpts only are quoted here as this is
be relinquished. If the plan of union shall only
sufficient for our purpose. Parliamentary de-
be accepted in regard to the North-western ter-
bates from Queen Elizabeth to date are to be
ritory and the Pacific Provinces, the United
found in the Parliamentary Library in Ottawa,
States will aid the construction on the terms
[and most provincial legislatures’s Libraries.
named, of a railway from the western extrem-
Ed.]
ity of Lake Superior in the State of Minnesota,
by way of Pembina, Fort Garry and the Valley It should be noted that the British Govern-
of Saskatchewan, to the Pacific Coast, north of ment had refused to acknowledge any responsi-
latitude 49 deg., besides securing all the rights bility for the sinking of the ships of the Ameri-
and privileges of an American territory to the can Merchant Marine, and for the past two
proposed Territories of Selkirk, Saskatchewan years had consistently refused to consider the
and Columbia. suggestion of the United States that the war
claims be settled by an impartial Tribunal of
By accepting to negotiate, Great Britain ad-
Arbitration.
mitted that the government was responsible for
the losses sustained by the American Merchant
Marine. Mr. Thomas Hughes: He did not wonder at
The Earl of Derby, under the pseudonym of the soreness of the Americans, or at their saying
Lord Stanley, visited Washington and held a that the lion’s paw was the only law with John
conference with President Andrew Jackson, Bull. That, whether right or wrong, we would
resulting in the signing of the Stanley-Johnson have our way and would not submit to an Im-
Convention, which was promptly rejected by partial Tribunal. It has been said that the
the Foreign Relations Committee of the Senate American Government had treated France and
for the reason that it did not include an apology. Spain in a very different manner to that in
which they have treated this country and he
When the Earl of Derby had to admit in believed that to have been the case, but France
London that his mission had been unsuccessful, and Spain had treated America in a different
the Earl of Clarendon was accredited; the manner than that pursued by this country and
result of his visit was the Clarendon-Johnson had allowed no Alabama to leave their shores.
convention. Although better than the Stanley- (Cries of OH! OH!)
Johnson convention, neither this include an
apology, and again it was rejected by the Sen- Hon. Gentlemen might say Oh! Oh! - but he
ate. had believed, taken more trouble to understand
America than most Gentlemen in that House.
We had to apologise after the Trent Affair, He could not see what reason we had to refuse
so we insist upon an apology. to go to arbitration, though he refrained from
In 1871 it was finally mutually agreed that the expressing an opinion as to whether that Tribu-
case be decided by an impartial Tribunal of nal would decide we were right or wrong. The
Arbitration to be held in Washington. In the complaint of America was simply this, and that
meantime a thorough discussion of the question we somehow or other, whether rightly or
wrongly, allowed certain vessels to escape from
our ports, and to prey upon their commerce,
and when they asked for an Impartial Tribunal
of Arbitration, we refused it. 23

23
. Parliamentary Debates, Vol. 181, pp. 1027-1028.
John Bright: Well now if there comes a war, committed. 24
in which Canada shall suffer and be made a
victim, it will be a war got up between the Mr. Laing: There could be no doubt that after
Government in Washington and the Govern- what had passed during the late contest in
ment in London... I say there is no generous and America, we should be at the mercy of any
high-minded man who could look back upon maritime power with which we might enter into
the transactions of the past four years without a war, it would be impossible for us to engage in
feeling of sorrow at the course we have pursued such a war without exposing our great mercan-
on some particular occasions. Going back tile fleet to destruction. The operation of the
nearly four years we recollect what occurred Alabama had caused one-third of the whole
when the news arrived of the first shot having tonnage of New York to be transferred to for-
been fired at Fort Sumter. That I think was eign flags; and what he would ask would be our
about April 12th. Immediately after that time it position with a hundred Alabamas issuing from
was announced that a new Minister was com- a variety of ports to prey upon our commerce.
25
ing to this country. Mr. Dallas had intimated to
the Government that he did not represent the
Mr. Lowe: I cannot conceive why we should
new President; he would rather not undertake
enter into arrangements to keep these troops in
anything of importance; but that his successor
Canada. There is another consideration which
was on his way and would arrive on such a day.
to me seems a most powerful one. When we
When a man leaves New York on a given day
once go to war with America it may be about
you can calculate to about 12 hours when he
Canada; will Canada be the best place to carry
will arrive in London.
on the war? In such a struggle we must con-
Mr. Adams I think arrived in London about sider not merely local but Imperial interests; we
May 13th, and when he opened his paper the must wage war in the mode least likely to in-
next morning he found the proclamation of jure the forces of the Empire, and strike at
neutrality acknowledging the belligerent rights points which are vital to the interest of our an-
of the South. I say the proper course to have tagonist. If we allow the Americans to lead us,
taken would have been to wait until Mr. Adams if we follow them to the points they choose to
arrived here, and to have discussed the matter attack; points after all only of local and subor-
with him in a friendly manner. dinate interest leaving unguarded other places
Then I come to the last thing I shall mention... which are of Imperial importance, such a policy
to the question of the ships which have been would end in certain failure and disaster... As
preying on the commerce of the United States. I far as military considerations go, therefore, my
shall confine myself to that one ship the Ala- conclusion is that it would be unwise and in-
bama. She was built in this country. All her deed impossible for us to retain any force worth
munitions of war were from this country. Al- speaking of in Canada, in the event of so great
most every man aboard her was a subject of His and awful a struggle as that between this coun-
Majesty. try and America, that we should want all our
troops for the defence of these Islands, or for
She sailed from one of our chief ports. She other points more essential to us, and partaking
is reported to have been built by a firm in more of the “ arx imperii ” than Canada... I
whom the Member of this House was and I should think that Bermuda and Halifax were
presume is interested ...that the Member for much more important than any point in Canada,
Birkenhead (Mr. Laird) looks admiringly upon
the greatest example which men have ever seen
24
of the greatest crime which men have ever . Ibid., p. 1028
25
. Ibid., p. 1040.
not for the sake of the places themselves, but is not the question of the British Empire,
because the whole safety of our fleets in North whether British honour shall be maintained or
American waters would depend on these two not, but the question of their own lives, their
places. In the same way it would be necessary own homesteads, their own property; and what
to defend certain points in the West Indies for they want to know is whether England is pre-
the protection of our ships. I apprehend, there- pared to back them up, or whether she is not
fore, that we should act imprudently in case of prepared to do so. And what answer do they
war in keeping our troops in Canada. But if we receive? The Secretary for the Colonies gives
would not be prudent to keep our troops there generous and large spoken promises, destitute
in time of war, is it right or is it wise to keep as it seems to me of any definite value, but still
them there in time of peace, thereby encourag- showing most amiable intentions... The Hon.
ing the Canadians to believe that they will Member for Stockport (Watkin) says: “ You are
have these troops if war should break out, bound to defend the frontier of Canada. ” An-
though we know, at least those who take my other Hon. Member says: “ The Government
view know, that the necessary result of a war, are merely bound to protect a few fortified
which begins with the invasion of Canada, points. ” The Rt. Hon. for Calne (Mr. Lowe)
must, if we are true to Imperial interests, be the says: “ Canada will best be defended by aban-
speedy withdrawal of these troops. I say, that doning her altogether and attacking the Ameri-
unless you are prepared to maintain that the cans somewhere else, or defending the British
same force should be kept in Canada in war as Empire somewhere else; so that if we amassed
in peace. It is wrong to retain our troops there a force to defend the Isle of Wight we should be
now because we are thereby urging the Canadi- defending Canada. ” But the Hon. Member for
ans under false pretences. Better they should the Tower Hamlets (Mr. Ayerton) says: “ The
know the truth at once, know that they and not best way to defend Canada is never to quarrel
we are to fight the Americans; that, with our with the United States. ” But what the people of
small army, we should, as we did in the Cri- Canada want to know is, suppose we do quarrel
mean campaign, soon feel the wear and tear to with the United States, what will happen to
be so severe that we should be compelled to them? They know that the House of Commons
withdraw our troops from Canada for our own is the source of all political power, that it di-
protection. 26 rects the policy of this country, and they will
study the records of this debate with the anx-
Mr. White: ...The Rt. Hon. Gentleman for ious interest of men whose lives and interests
Calne (Mr. Lowe) represented the opinion of are at stake. 28
every one whose opinion was worth having,
when he spoke of the utter impossibility of Mr. Bright: Let us “ take care of ourselves. ”
holding Canada without an expenditure of That is a fifth suggestion. The Hon. Member
money and blood on the part of Great Britain for Birmingham says: “ The best course for this
fearful to contemplate. 27 country would be to take care of ourselves. ”
What I desire to impress upon the House is that
Lord Robert Cecil: In discussing this question ambiguity and uncertainty is more dangerous to
it seems to me we have not thought of the in- the interests, more fatal to the honour of Eng-
terests of the people of Canada. land that any other course you could adopt.
Now, the people of Canada have a solid and You are bound to let the Canadians know,
real danger before them. What presses on them not by any vague generalities, not by mere gen-
erous and amiable sentiments, but in a busi-
26
. Ibid., p. 1582.
27 28
. Ibid., p. 1589. . Ibid., p. 1611.
ness-like manner, and in accurate debate, what which you will go, and how far you do not re-
is the precise assistance they may expect from gard her as an integral portion of the British
you, so that they may know how to conduct Empire.
themselves accordingly. If you say you will
When you have made up your minds on that
defend them abandoning them altogether, per-
point and recorded your determination in some
haps they may think the best means of defend-
formal document, you will be able to look for-
ing themselves is by abandoning you. If you tell
ward without fear to any change the future may
them you will defend them on condition of their
bring, you will be prepared to do your duty as
giving you the power to call out auxiliary forces
you have defined it, and act up to the pledges
from amongst them, they will know exactly
you have given. 29
what you require and what they must do to earn
your aid. But, as the matter now stands, as far Later Mr. Seymour Fitzgerald was heard
as I understand from the Secretary for the again. He said:
Colonies, we are not going to defend Canada as I ask the House to consider what has been
we should defend Scotland, as being an integral our position during the last three years... During
part of the British Empire, but with the admis- that time at any moment, in consequence of the
sion to Canada that her defenses must depend intemperate order of an injudicious com-
mainly upon herself. That seems to me an in- mander, or of some event striking alarm into
definite liability contingent on a perfectly in- the minds of the American people, war might
definite condition. have at any time broken out between this coun-
If Canada now trusts to the vague promises try and the United States, and once such a war
of the Secretary of the Colonies, and allows commenced who could say where it would
herself to be drawn into a quarrel with the end? You have in Canada the Guards, the
United States... and I agree with the Hon. flower of our army; you have there, troops not
Member for Horsham, the quarrel will not be only bearing the prestige of the Royal name,
with Canada but with England, I fear that the attached personally to the Sovereign, but
disastrous scenes of last year will be repeated counting amongst their members the scion of
over again. We shall see the enormous danger, the nobles and the best blood; and what is no-
we shall have 300,000 men at the frontier, with bler and better still, the annals of these regi-
a nucleus of 10,000 to oppose them, and 20,000 ments are illustrated by deeds of glory and
volunteers. heroism achieved at Waterloo and in the Cri-
mea. But what was the position of these men
And when we are face to face with the diffi-
during all this time? If war had unexpectedly
culty we shall inquire what amount of obliga-
broken out, Col. Jervois tells you, the only
tion we have to Canada and what we have
council you could have given them, could have
promised; the Secretary for the Colonies will
been to fly as fast as possible to their ships; to
then open Hansard, and find his speech delight-
leave Canada, and take refuge in this country. 30
fully vague, and then we shall look back to our
dispatches on the subject, and find there is no
definite promise that can be diplomatically Mr. W. E. Foster: We all know that a States-
enforced; and then perhaps shall persuade our- man who is not only respected by his own
selves that Canada is best defended by aban- party, but by Members sitting on this side of the
doning Canada altogether, and the best is to House, has taken occasion to express fears of
leave her inhabitants to the mild and paternal an immediate war with the United States in a
rule of the United States. Whatever you do, let
Canada know distinctly the conditions under 29
. Ibid., p. 1612.
which you are prepared to aid her, the extent to 30
. Ibid., pp. 1027-1028.
more urgent manner and with a much less con- ever, neither were an idle threat. Ten thousand
ciliatory spirit than the Hon. Gentleman, the troops were encamped at Buffalo ready to cross
Earl of Derby in the House of Lords. “ Order ” - Lake Ontario in case Great Britain refused to
Well! When eminent statesmen in the position submit their differences to an impartial Tribu-
of Lord Derby come forward and express their nal of Arbitration.
fears in such language as this, can we wonder
Sir John A. Macdonald and Georges Etienne
that they are felt throughout the country.
Cartier were now enabled to proceed with their
delegations to present the Quebec Resolutions
to the House of Commons. Leaving the end of
Mr. Oliphant: It was perfectly true that
November they arrived in London on Decem-
Fenianism had its origin in America. But it
ber 3, 1866.
should be borne in mind that it originated out of
the policy pursued by this country toward
America. In other words if there were no out-
As the year 1870 closed the outlook for
standing claims between England and America,
Great Britain was grave indeed: if the United
Fenianism would cease to exist. 31
States persisted in its threats to annex Canada,
Possibly the best evidence that the Fenians the War Office was convinced that Canada
were neither Catholic nor Irish is that when a could not be defended against a force from the
convict was released he was sent back to his United States.
own country. When Great Britain belatedly and
If this could not be prevented then Russia
reluctantly agreed to a board of arbitration to be
and the United States together would control
composed of ten men (five to be appointed by
the world from the shores of the Baltic Sea to
Great Britain and five by the United States,
the Atlantic, and furthermore the entire West-
with an outstanding personage as arbitrator, to
ern Hemisphere would be their sphere of influ-
be chosen later), then those arrested for distur-
ence.
bances in Ireland received an unconditional
release. This was refused by those convicted In the House of Lords Lord Derby stated his
until they were assured that their passage would opinion that war with the United States was
be paid back to New York. 32 inevitable. No time was now lost in appointing
the members who were to represent Great Brit-
Lord Oramore and Brown: But the other day
ain on the Tribunal of Arbitration to convene in
when Her Majesty’s Government sent the
Washington in May of 1871.
Fenian convicts in State Cabins to America, the
Congress passed an address of sympathy and So far our narrative has been to relate from
congratulations to them and the President gave documents the relationship between the British
them a public reception. 33 government and the government of the United
States. How about Canada ? Canada is a vast
country with resources estimated by reliable
The Fenian organisation and the Bill for the engineers as exceeding the natural resources of
admission of the provinces of Canada as states the United States. Most economists would
and territories of the United States of America agree that the country with the greatest re-
had served the purpose for which they were sources could best sustain the largest popula-
originated, and we hear no more of them. How- tion.
Canada, however, is a colony. Let us sup-
31
.Ibid., p. 1040. pose that instead of being a colony she had
32
. Ibid., p. 1049. been an independent nation for the past hun-
33
. Ibid., Vol. 206, p. 734. dred years and the United States were the col-
ony of Great Britain for the same period, then and whose fortunes in this, the darkest hour
the larger population would be in Canada and of her history, it would be cowardice to de-
the lesser in the United States. I think most sert. ”
would agree. The unanimous conclusion of the Regarding the Board of Arbitration whose
British Parliament was that dark clouds of war decisions were incorporated into the Treaty of
obscured the national horizon. Washington, May 8, 1871, it will doubtless be
What to do was the question. Some solution conceded that if the United States were com-
had to be found. War with the United States, in pelled to relinquish equal rights to navigation of
which Canada would either become independ- the Mississippi River, or if Britain were com-
ent or become a part of the United States, was a pelled to relinquish equal rights to navigation of
disaster too fearful to contemplate. The solution the Thames, it would be sufficient cause to
to this dilemma was to enact the British North declare war. Yet Canada was compelled by the
America Act, to keep Canada as a colony; and terms of this Treaty to relinquish equal rights to
then to convene or rather to appoint representa- navigation of the St. Lawrence, where it trav-
tives to an impartial Board of Arbitration in- erses the Province of Quebec; to relinquish the
structed to reach an agreement with the United territories of the Lake of the Woods, Point
States. Roberts and the San Juan Islands; and to grant
equal rights for ten years to the fisheries.
Lord Campbell in the Lords and Mr. Ad-
Twenty-two years after the British North
derly in the Commons almost gave the show
America Act was passed in 1867, the British
away. Lord Campbell said: “ It would scarcely
Parliament itself admitted, when it enacted the
be possible to break the artificial unity we
Interpretations Act in 1889, that the Act of 1867
now propose to organize, ” In the Commons,
was an intentional misrepresentation of fact:
Mr. Adderly said: “ The Act is designed to
“ The expression Colony shall mean any of Her
strengthen the hands of the Governor-General
Majesty’s Dominions (exclusive of the British
as much as possible. ”
Islands and of British India) and where parts of
The Act previously passed by the Lords was such Dominions are under both a Central Leg-
assented to by the Commons on March 29, islature and local legislatures, all parts under
1867, to become effective in Canada on July 1, the Central Legislature shall for the purposes of
1867. In the meantime a petition was circulated this definition be deemed to be One Colony’. ”
in Nova Scotia and signed by 30,000, a third of As Canada in 1889 was the only Dominion
the voting population, “ That Nova Scotia be with a central legislature and local legislatures,
relieved of this measure, or that a Royal the inference is obvious. Canada was a colony.
Commission or inquiry be appointed. ” Although it is admitted that Canada has
Delegates were appointed, headed by Joseph enormous resources and could support a large
Howe, to present this petition to the British population, the meagre citizenship is due to the
Parliament. policy of the Colonial Office. Since Canadians
John Bright (member for Birmingham) pre- are not permitted to vote as Canadians,
sented this to the House of Commons, where it 3,508,730 have emigrated to the United States.
34
was rejected. Nova Scotia was compelled
against her strongest protests to become a Statistics are not available for other coun-
member of the united colony, called the Do- tries. This exceeds the entire population of the
minion of Canada. As the delegation left Eng- two largest cities in Canada, Montreal and To-
land, Joseph Howe said: “ We go home to ronto. In a survey in 1935 it was noted that 98%
share the perils of our native land, in whose
service we consider it an honour to labour 34
. Department of Immigration, Table 13. [196 ?…Ed.]
of the druggists of New York State were Cana- Prince Edward Island, September 1, 1864. A
dians. In the maritime provinces, farms were resolution was put that the three maritime prov-
for sale for less than the cost of the buildings, inces form a federal union. Before it was acted
as there were left not enough young people to upon the conference was joined by delegates
farm the land. Naturally the most ambitious, the from Quebec and Ontario. Among them was
most intelligent and the best educated emi- John A. Macdonald, Attorney-General for On-
grated. Canadians rank high among the leaders tario, and Georges Etienne Cartier, Attorney-
in art, the sciences and in industry. General of Quebec.
Estimates are that it costs $10,000 to feed, They suggested that meeting be adjourned to
clothe and educate a young man until he is able meet in Quebec in thirty days, which would
to support himself. At this rate it has cost Can- provide time to appoint delegates from the
ada some $35,087,300,000 for the Canadians other British colonies in North America who
who have emigrated to the United States [in would all be in favour of forming a larger fed-
1965]. This is what the writer meant in the eral union. As arranged, the delegates were
opening paragraph of this chapter  the Civil convened in Quebec City, and the Quebec
War cost Canada more than the combined Resolutions, dated October 10, 1864, were
losses of the North and South. drafted to provide for a federal union.
Various acts have been passed by the British Fourteen delegates were appointed to pre-
Parliament regarding Canada. It can be said sent the Resolutions to the Imperial Parliament,
without fear of contradiction that there is noth- with John A. Macdonald and Georges-Etienne
ing in the Quebec Act (1774), the Constitu- Cartier as joint-chairmen of the delegation. In
tional Act (1791), the Union Act (1840), or the the meantime, the Fenian raid in Ontario dis-
British North America Act (1867) to alter in rupted their plans, and it was not until Decem-
any essential the colonial relationship or to ber 3, 1866, that the delegates were convened
weaken the headship of the Crown in Chan- in the Westminster Palace Hotel in London.
cery. And there is nothing in any of these acts They sat until December 24 and adjourned for
to alter in any essential respect that cardinal the Christmas holidays.
principle of British policy: the supreme legis- When they re-convened in January, 1867,
lative authority of the British Parliament the Earl of Carnarvon, Secretary of the Colo-
over and throughout the Empire. nies, acted as chairman. Great Britain now
It will be noted that our trusty and well- faced the most crucial decision which had
loved Sir John Alexander Macdonald had been arisen in the past hundred years. The govern-
appointed one of the high Commissioners to be ment was on the horns of a dilemma. What to
representative of Great Britain on the Tribunal do was the question. If the United States an-
of Arbitration to settle the claims of the United nexed Canada, and it was admitted Britain
States regarding the depredations of the priva- could not defend the boundary of Canada, Brit-
teers. In ten days of August, 1864, the Chicka- ain would still have to pay the indemnity de-
mauga and the Tallahassee sank thirty-three manded by the United States for the loss of her
merchant ships in the shipping lanes from Hali- Merchant Marine. This was ruinous. If Britain
fax, Nova Scotia, and St. John’s, New Bruns- conceded to Canada the right to form a federal
wick. Although these were American vessels, union, this would mean that Canada would
they were engaged in carrying the produce of have a democratic government on a par with
the maritime areas to the West Indies. the United States.
Public feeling was enraged at these sinking. This was unthinkable. Canada would most
Meetings were called and delegates appointed probably join with the United States against
to a conference to be held in Charlottetown, Britain. This would be worse. The feeling was
that Britain had to retain Canada as far as pos- historic fact nor is there any law or agreement
sible to satisfy the claims of the United States; to support the stories of confederation. When
therefore, Britain would be compelled to buy the troops were encamped at Valley Forge, had
off John A. Macdonald. George Washington, Benjamin Franklin, and
Before emigrating to Canada, John A. Mac- John Hancock accepted titles from the King
donald had started his schooling in Scotland. and relinquished the idea of a federal govern-
He was now fifty-four and a widower. Natu- ment for the New England states, then we
rally he was elated when the Rt. Hon. Monta- would have had a parallel to the situation in
gue Bernard invited him to his home to meet a Canada. The fairest thing which can be said of
number of the titled nobility. He was wined and the Rt. Hon. Sir John A. Macdonald is that he
dined and lionised by the elite and soon en- would be more at home in the company of
gaged to be married to Susan Agnes Bernard. Benedict Arnold than he could be in the pres-
They were married on February 16, 1867. ence of such men as George Washington.
What man of fifty-four would or could resist Following is the recorded document grant-
attentions showered upon him by a young and ing full power to the five representatives of the
titled lady who had consented to be his bride ? Tribunal of Arbitration.
His future brother-in-law now found John suf-
ficiently softened up to be not invulnerable to Victoria R:
the explanations and suggestions he would Victoria, by the Grace of God, Queen of the
make to him. He explained that because of the United Kingdom of Great Britain and Ireland,
likelihood of war with the United States, in Defender of the Faith... To all and singular to
which no doubt a number of Canadians would whom these Presents shall come, Greeting.
be killed, it would be impossible for the House Whereas, for the purpose of discussing in a
of Commons to accede to the request of Canada friendly spirit with Commissioners to be ap-
for a federal union. pointed on the part of our Good Friends, the
How would it be if John would first use his United States of America, the various questions
best endeavours to settle with the United States on which differences have arisen between Us
before pressing for a federal union? John would and Our said Good Friends, and of treating for
be made a member of the Tribunal of Arbitra- an Agreement as to the mode of their amicable
tion. He would also be appointed Premier of settlement. We have judged it expedient to
Canada by Lord Monck, the Governor-General; invest fit persons with full power to conduct on
be made a member of Her Majesty’s Imperial Our part the discussions on this behalf. Know
Privy Council; and have a title. John yielded. ye, therefore, that We, reposing a special trust
Years later when a new Governor-General and confidence in the wisdom, loyalty, dili-
asked John if he had a list of names to be hon- gence, and circumspection of Our right and
oured upon Her Majesty’s birthday, he wrote: “ trusty and right well-loved Cousin and Council-
lor George Frederick Samuel, Earl de Grey and
…honours should be granted only for a service
Ripon, Viscount Goderick, a Peer of Our
performed for the Imperial Government... All
United Kingdom, President of Our Most Hon-
these honours were conferred upon myself and
ourable Privy Council, Knight of Our Most
the other gentlemen on account of the promi-
nent part we had taken in carrying out the Im- Noble Order of the Garter, …of our right trusty
perial policy... ” 35 and well beloved Councillor Sir Stafford Henry
Northcote, Baronet, a Member of Parliament,
The plan for a federal union or a confedera- Companion of Our Most Honourable Order of
tion of the provinces was set aside. There is no
the Bath, …of Our Trusty and well-beloved Sir
35
Edward Thornton, Knight Commander of Our
. Dominion Archives.
Most Honourable Order of the Bath, Our Envoy Procurators, and Plenipotentiaries shall be
Extraordinary and Minister Plenipotentiary to agreed to, acknowledged, and accepted by Us
Our Good Friends, the United States of Amer- in the fullest manner, and that We will never
ica, …of Our Trusty and well-beloved Sir John suffer, either in the whole or in part, any person
Alexander Macdonald, Knight Commander of whatsoever to infringe the same, or to act con-
Our Most Honourable Order of the Bath, a trary thereto, as far as it lies in Our power.
Member of Our Privy Council for Canada, and In witness whereof We have caused the
Minister of Justice and Attorney-General in Great Seal of Our United Kingdom of Great
Our Dominion of Canada, …and of Our Trusty Britain and Ireland to be affixed to these Pre-
and well-beloved Montague Bernard, Esquire, sents, which We have signed with Our Royal
Chichele Professor of International Law in the Hand. Given at Our Court at Windsor Castle,
University of Oxford: Have named, made, con- the sixteenth day of February, in the Year of
stituted, and appointed, as We do by these pre- Our Lord One Thousand Eight Hundred and
sents name, make, constitute, and appoint them Seventy-One, and in the Thirty-fourth year of
Our undoubted High Commissioners, Procura- Our Reign. 36
tors, and Plenipotentiaries; Giving to them, to
any three or more of them, all manner of power
and authority to treat, adjust, and conclude with
such Minister or Ministers as may be vested
with similar power and authority on the part of
Our Good Friends, the United States of Amer-
ica, any Treaties, Conventions, or Agreements
that may tend to the attainment of the above
mentioned end, and to sign for Us and in Our
Name, everything so agreed upon and con-
cluded, and to do and transact all such other
matters as may appertain to the finishing of the
aforesaid work, in as ample manner and form,
and with equal force and efficacy, as We Our-
selves could do if personally present; Engaging
and promising upon Our Royal Word that
whatever things shall be so transacted and con-
cluded by Our said High Commissioners,

36
. Parliamentary Debates, Vol. 204, p. 2046.
 TREATY OF WASHINGTON 1871
It was mutually agreed:

1. That Great Britain tender the United States It would doubtless be conceded that when
an apology. Emperor William of Germany acted as the arbi-
trator in this dispute, he never thought that
2. That Britain pay a direct indemnity of
within fifty years the principals in this affair
$37,500,000.
would become allies to make war upon his
3. That Britain pay for shipping sunk, to be country and to drive his grandson to exile in
determined by an Admiralty Court sitting in Holland.
New York City: $225,000,000.
Viscount Bury, M.P., said of the apology :
4. That Britain grant the United States equal

A
rights with British subjects of the fisheries national expression of regret is an Act
on the Grand Banks for ten years. of the gravest importance. If England
had been clearly in the wrong an ex-
5. That Britain grant equal rights to the navi- pression of regret would be consistent
gation of the St. Lawrence River through with her dignity. It has not hitherto been usual
Quebec to the Gulf of St. Lawrence in per- for nations of the highest rank to apologise for
petuity. 37 acts which they never committed. The same
6. That boundary disputes be decided in fa- Englishmen who offered the apology framed
vour of the United States (Lake of the the British case. The case is an elaborate state-
Woods, Point Roberts, etc.). ment that Britain is in the right. It is hard to
escape from this dilemma. Either the apology
7. That the ownership of the San Juan Islands was unnecessary or the English case is the tis-
be decided by the Emperor of Germany sue of misstatements.
(the arbitrator).
On October 21, 1872, Emperor William of
Germany decided that the San Juan Islands Never have so many known so little
should belong to the United States and that about so much.
another $15,000,000 be paid for the expendi-
tures incurred by Federal cruisers in chasing the
privateers.

37
. The British troops left the Citadelle in Quebec City on
May 10, 1871, and were replaced by Canadian militia.
The latter till this day occupy these barracks to sleep
and for tourist attractions. British soldiers kept an eye
on the navigation going over the river instead. Ed.
Chapter 8

THE STATUTE OF WESTMINSTER

F or many years I have had much to do with

the question of the right of Canada to self-
government. It is almost forty years since I
As regards general principles, the report
stated equality of status was the root principle
governing Inter-Imperial Relations so far as
drafted the following Resolution, the original of concerned Great Britain and the Dominions,
which is in the Parliamentary Library in Ot- which is described as “ Autonomous Commu-
tawa. nities within the British Empire, ” equal in
status, in no way subordinate one to another, in
This Resolution, the first to come to the at-
any aspect of their domestic or external affairs,
tention of the Imperial Conference, in 1926,
though united by a common allegiance to the
was presented by the Rt. Hon. William Lyon
Crown, and freely associated as members of the
Mackenzie King, Prime Minister of Canada,
“ British Commonwealth of Nations. ” It
without amendment or alteration and after be-
pointed out, however, that the principle of
ing seconded by Premier Hertzog of South
equality of and similarity, appropriate to status,
Africa. It was unanimously adopted by the as-
did not universally extend to function.
sembled delegates from Australia, New Zea-
land, South Africa, the Irish Free State and The First Resolution Presented to the Impe-
Newfoundland. rial Conference of 1926
This Resolution, together with another short The following Resolution was presented
Resolution presented to the 1930 Conference without alteration by the Rt. Hon. Wm. Lyon
by the Rt. Hon. Richard B. Bennett, Prime Mackenzie King, and seconded by Premier
Minister of Canada, to the effect that the “ Brit- Hertzog of South Africa.
ish North America Act should be retained by THE DOMINIONS: that is to say, Com-
Canada, ” was drafted by the Parliamentary monwealth of Australia; the Dominion of New
Secretary and the law officers of Parliament Zealand; the Union of South Africa; the Irish
into legal terms in the sections of a Bill to be Free State and Newfoundland, did concur in the
presented to Parliament. When enacted, the Bill adoption of this Resolution in the Imperial
was entitled “ The Statute of Westminster ” Conference holden at Westminster in the year
(December 11, 1931). of Our Lord nineteen hundred and twenty-six.
In the years that have gone by, the feeling of
satisfaction which I experienced that all sec-
tions of the Resolution were incorporated into Resolutions from Assembly No. 2, Native
the Statute has been replaced by a sensation of Sons of Canada
profound regret that Canada has not taken ad- Adopted September, 1926 - Preamble Omitted
vantage of her enhanced position. It is evident
that either the Statute has not been correctly BE IT RESOLVED : That, this Assembly do
interpreted or that it has been purposely pi- herewith submit its views to the Right Honour-
geon-holed. able, Prime Minister of Canada and his col-
leagues on the following matters of national
concern, namely:
Notes from the Imperial Conference of 1926
1. SOVEREIGN STATUS:
Recognising this question as being of out- We emphatically declare that the question of
standing and paramount importance, this As- Immigration into Canada is, by terms of the
sembly urges upon the Government of Canada British North America Act, exclusively CAN-
the necessity of elevating CANADA constitu- ADA’S OWN BUSINESS, that is not an Em-
tionally to the dignity and status of a NA- pire matter, that it is not a partisan or political
TION, with international recognition, enjoy- matter as the Bishop of London suggests, that it
ing SOVEREIGN RIGHTS AND POWERS, is entirely a matter at present of administration,
under the CROWN, and thereby confer on and that all CANADIANS, irrespective of
Canada an equality of Status with Great Brit- party, approve of the intent and purpose of the
ain, together with all the advantages incident present Canadian Immigration Act in respect of
thereto now exclusively enjoyed by Great its broad principles. We declare our resentment
Britain as the only sovereign nation in the and indignation at the persistent anti-Canadian
British Commonwealth. No subject that may campaign, emanating from Imperial quarters, to
come before the conference can possibly ap- offset, and overcome the present rapid growth
proach this question of status in importance. of Canadian NATIONAL feeling by schemes
Our objective should be clear an unambigu- of assisted Immigration of types that are un-
ous, an absolutely equal and independent sov- suited to this country and foreign to its history
ereignty under the Crown of Canada, interna- and background.
tionally communicated and internationally
We believe that the time has come when the
recognised.
long brooding sense of NATIONAL CON-
2. IMMIGRATION : SCIOUSNESS is about to be realised, and that
it is vital to the National interest that our na-
This Assembly is unalterably opposed to as-
tional bloodstream should be conserved, and
sisted Imperial immigration in any form, and in
not diluted by the admission of elements that
particular is opposed to a Policy designed to
will weaken or delay our national unity or fos-
unload on Canada immigrants from Great Brit-
ter a divided loyalty. The present Canadian
ain as alleged settlers, who are mentally, mor-
stock should be the basis in selection of all
ally and physically unfit, thereby tending to
applicants for privilege of admission to Canada.
lower the high standard of Canadian Citizen-
ship. 3. IMPERIAL DEFENCE:
We hereby urge on the Government of Can- This Assembly is emphatically opposed to
ada the need for closer restriction rather than involving Canada in any schemes of Imperial
relaxing the tests and standards for admission commitments or engagements, which tend to
to Canada. devolve upon Canada any part of cost of any
alleged obligation of so-called Imperial De-
In this connection, this Assembly respect-
fence.
fully begs to draw the attention of the Prime
Minister and his colleagues to the pernicious 4. CANADIAN RESOURCES:
and incessant Imperial propaganda constantly This Assembly is further opposed to any
issued both in Great Britain and in Canada, Imperial Scheme, proposal or policy, which
which is aimed at unloading deserters and other would seek to appropriate Canada’s great natu-
undesirables into Canada, with the designed ral resources as an Imperial asset, but on the
object of relieving the British taxpayer at the contrary, holds to the view that such resources
expense of the Canadian taxpayer. are exclusively the property of the Canadian
This Assembly CONDEMNS such anti- people and should be at all times developed on
Canadian propaganda as being distinctly inimi- broad lines of national policy for the primary
cal to the national welfare of Canada. benefit of Canada, and Canadians.
 7. LOCARNO, WAR, NEUTRALITY...:
5. GOVERNOR-GENERAL: This Assembly is convinced that so long as
the present anomalies of Canada’s status con-
This Assembly re-affirms its attitude previ-
tinue the advantages to Canada from participa-
ously expressed that the method of appointment
tion in Imperial Conferences are largely nega-
of the Govenor-General is ripe for a radical
tive. The Conference is built on a Constitu-
change more in consonance with national dig-
tional fiction, that all the representatives meet
nity; the appointment should be the completely
as equals. The test - “ What is Canada interna-
unfettered act of the Government of Canada.
tionally? ” is the true test.
The appointee should be a distinguished citizen
of this country. In respect of personnel, and in And until Canada, either by her own act, or
respect of initiative of nomination, the present by Imperial concession, attains SOVER-
procedure is an expression of colonialism EIGNTY as an independent nation under the
which should no longer be permitted to survive. Crown, with international recognition, her posi-
Further, the channels of communication be- tion in respect of Britain’s Wars, neutrality, and
tween the Government of Canada and any other her international relationships in general, will
country should be direct, via our Department of remain clouded and obscure. That position will
External Affairs. be and remain, both constitutionally and inter-
nationally, that of a colonial status. Mere rheto-
We particularly object to the suggestion that
ric cannot overcome this inescapable fact.
in respect to the future appointments of Gover-
nor-Generals, the unanimous approval of other /s/ R. R. SMITH
Dominions must be obtained before there be
Note with Reference to Resolution Sent the
any change in policy.
Prime Minister Prior to the Imperial Confer-
6. PRIVY COUNCIL APPEALS: ence of 1926 38
The decision of the Judicial Committee of
the Privy Council in Rex vs. Nadan is fraught
Extract from Executive Minutes of Sep-
with humiliation for the people and Parliament
tember 1, 1926.
of Canada. We cannot think it possible that
Canada will rest satisfied with a decision that On motion of Conlin Reid, a resolution pre-
prevents her from dealing exclusively with her sented on behalf of Brother R.R. SMITH was
own laws, particularly in a matter of CRIMI- referred to the Resolutions Committee.
NAL PROCEDURE. Canadian statesmen who The Assembly sent, on September 24th the
make speeches about Canada’s “ PROUD PO- following wire to Prime Minister King:
SITION ” as a “ self-governing independent
nation ” cannot be aware of the terms and im-
plications of this judgement. Native Sons of Canada, Assembly No. 2,
begs to tender congratulations and to express
This Assembly expresses surprise and regret its satisfaction that for the future relationship
that during the past Session of Parliament this of the Crown, in Canada, to its Ministerial ad-
matter was not even referred to by any Member visers shall be identical with its relations to its
of the two great parties in the House. ministry in England. Forwarding by mail our
That decision stands as an effective barrier submission on opinion of subjects likely to be
to the full development of Canadian National considered as forthcoming Imperial Confer-
consciousness. We favour the entire abolition
of appeals to the Privy Council. 38
. The original of this paper is to be found in the
Parliametary Library, Ottawa.
ence. United Legislature of Upper and Lower Canada
Compiled by D.H. Elliot, occurred March 13, 1865.
Custodian of Records,
Three months later, on June 29, 1865, the
Assembly No. 2, Native Sons of Canada,
Colonial Validity Act was enacted by the Brit-
1212 Melville Street, VANCOUVER, B.C.
ish Parliament. This was done in order to show
the colonial legislatures that they were not
The Quebec Resolutions were drafted Octo- competent to enact any law or regulation which
ber 10, 1864: “ The best interests and present was repugnant to the law of England, and that
and future prosperity of British North America as far as the Quebec Resolutions were con-
will be promoted by a Federal Union... ” This cerned, they would not be approved by Parlia-
was debated in the legislature of the Provinces. ment.
The last debate before it was endorsed by the

The Colonial Laws Validity Act, 1865,

Section 61, reads:

...and any proclamation purporting to be ficient to show that the Governor had the power
published by the authority of the Governor, to say “ No! ”
in any newspaper in the Colony to which
In order to comply with paragraph 1 of the
such law or bill may relate, and signifying
1926 Resolutions, referring to “ National
Her Majesty’s disallowance of any such co-
Status, ” it was necessary to state that this law
lonial law, or Her Majesty’s assent to any
would not apply to the Dominions which were
such reserved bill as aforesaid shall be prima
convened in London that year. But the Colonial
facie evidence of such disallowance or as-
Laws Validity Act was not abrogated. It is ef-
sent.
fective in those colonies which were not repre-
This excerpt from the Act is, or should be, suf- sented at this Conference.

The Statute of Westminster, 1931

22 George V, Chapter 4
An Act to give effect to certain resolutions passed by Imperial Conferences held in the years 1926
and 1930 (11th December, 1931):
WHEREAS the delegates to His Majesty’s And whereas it is meet and proper to set out
Governments in the United Kingdom, the Do- by way of preamble to this Act that, inasmuch
minion of Canada, the Commonwealth of Aus- as the Crown is the symbol of the free associa-
tralia, the Dominion of New Zealand, the Un- tion of the members of the British Common-
ion of South Africa, the Irish Free State and wealth of Nations, and as they are united by a
Newfoundland, at Imperial Conferences holden common allegiance to the Crown, it would be
at Westminster in the years of Our Lord nine- in accord with the established constitutional
teen hundred and twenty-six and nineteen hun- position of all members of the Commonwealth
dred and thirty did concur in making the decla- in relation to one another that any alteration in
rations and resolutions set forth in the Reports the law touching the Succession to the Throne
of the said Conferences: or the Royal Style and Titles shall hereafter
require the assent as well of the Parliaments of
all the Dominions as of the Parliament of the the law of England, or to the provisions of any
United Kingdom: existing or future Act of Parliament of the
United Kingdom, or to any order, rule, or regu-
And whereas it is in accord with the estab-
lation made under any such Act, and the power
lished constitutional position that no law here-
of the Parliament of a Dominion shall include
after made by the Parliament of the United
the power to repeal or amend any such Act,
Kingdom shall extend to any of the said Do-
order, rule or regulation in so far as the same is
minions as part of the law of that Dominion
part of the law of the Dominion.
otherwise than at the request and with the con-
sent of that Dominion: 3. It is hereby declared and enacted that the
Parliament of a Dominion has full power to
And whereas it is necessary for the ratifying,
make laws having extra-territorial operation.
confirming and establishing of certain of the
said declarations and resolutions of the said 4. No Act of Parliament of the United King-
Conferences that a law be made and enacted in dom passed after the commencement of this
due form by authority of the Parliament of the Act shall extend, or be deemed to extend, to a
United Kingdom: Dominion as part of the law of that Dominion,
And whereas the Dominion of Canada, the unless it is expressly declared in that Act that
Commonwealth of Australia, the Dominion of that Dominion has requested, and consented to,
New Zealand, the Union of South Africa, the the enactment thereof.
Irish Free State and Newfoundland have sever- 5. Without prejudice to the generality of the
ally requested and consented to the submission foregoing provisions of this Act, sections seven
of a measure to the Parliament of the United hundred and thirty-five and seven hundred and
Kingdom for making such provision with re- thirty-six (735-736) of the Merchant Shipping
gard to the matters aforesaid as is hereafter in Act, 1894, shall be construed as though refer-
this Act contained: ence therein to the Legislature of a British pos-
Now, therefore, be it enacted by the King’s session did not include reference to the Parlia-
most Excellent Majesty by and with the advice ment of a Dominion
and consent of the Lords Spiritual and Tempo- 6. Without prejudice to a generality of the
ral, and Commons, in this present Parliament foregoing provisions of this Act, section four
assembled, and by the authority of the same, as (4) of the Colonial Courts of Admiralty Act,
follows: 1890 (which requires certain laws to be re-
1. In this Act the expression “ Dominion ” served for the signification of His Majesty’s
means any of the following Dominions, that is pleasure or to contain a suspending clause), and
to say, The Dominion of Canada, the Com- so much of section (7) of that Act as requires
monwealth of Australia, the Dominion of New the approval of His Majesty in Council to any
Zealand, the Union of South Africa, the Irish rules of Court for regulating the practice and
Free State and Newfoundland. procedure of a Colonial Court of Admiralty,
shall cease to have effect in any Dominion as
2. (1)The Colonial Laws Validity Act, 1865, from the commencement of this Act.
shall not apply to any law made after the com-
mencement of this Act by the Parliament of a 7. (1) Nothing in this Act shall be deemed to
Dominion. apply to the repeal, amendment or alteration of
the British North America Acts, 1867 to 1930,
(2) No law and no provision of any law made or to any order, rule or regulation made there-
after the commencement of this Act by the under.
Parliament of a Dominion shall be void or in-
operative on the ground that it is repugnant to (2) The provisions of section two (2) of this
Act shall extend to laws made by any of the Act, that is to say, sections two, three, four, five
Provinces of Canada and to the powers of and six, shall extend to a Dominion to which
the legislatures of such Provinces. this section applies as part of the law of that
Dominion unless that section is adopted by the
(3) The powers conferred by this Act upon the
Parliament of the Dominion, and any Act of
Parliament of Canada or upon the legislatures
that Parliament adopting any section of this Act
of the Provinces shall be restricted to the en-
may provide that the adoption shall have effect
actment of laws in relation to matters within the
either from the commencement of this Act or
competence of the Parliament of Canada or of
from such later date as is specified in the adopt-
any of the legislatures of the Provinces respec-
ing Act.
tively.
(2) The Parliament of any such Dominion as
8. Nothing in this Act shall be deemed to
aforesaid may at any time revoke the adoption
confer any power to repeal or alter the Consti-
of any section referred to in subsection (1) of
tution or the Constitution Act of the Common-
this section.
wealth of Australia or the Constitution act of
the Dominion of New Zealand otherwise than (3) The Dominions to which this section ap-
in accordance with the law existing before the plies are the Commonwealth of Australia, the
commencement of this Act. Dominion of New Zealand and Newfoundland.
9. (1) Nothing in this Act shall be deemed to 11. Notwithstanding anything in the Interpreta-
authorise the Parliament of the Commonwealth tions Act, 1889, the expression “ Colony ” shall
of Australia to make laws on any matter within not in any Act of the Parliament of the United
the authority of the States of Australia, not be- Kingdom passed after the commencement of
ing a matter within the authority of the Parlia- this Act, include a Dominion or any Province
ment or Government of the Commonwealth of or State forming part of a Dominion.
Australia.
12. This Act may be cited as the Statute of
(2) Nothing in this Act shall be deemed to re- Westminster, 1931.
quire the concurrence of the Parliament or the
Sections 3, 4, 5 and 6 are readily under-
Government of the Commonwealth of Austra-
stood, and need no elaboration. The next sec-
lia, in any case where it would have been in
tion, however, seems to be the stumbling block,
United Kingdom with respect to any matter
mainly because the British North America Act
within the authority of the States of Australia,
is misinterpreted: “ Nothing in this Act shall be
not being a matter within the authority of the
deemed to apply to the repeal, amendment or
Parliament or Government of the Common-
alteration of the British North America Acts,
wealth of Australia, in any case where it would
1867 to 1930, or to any order, rule or regula-
have been in accordance with the constitutional
tion made thereunder. ”
practice existing before the commencement of
this Act that the Parliament of the United Why ? It is for the reason that the B.N.A.
Kingdom should make that law without such Act was simply a guide to the provinces in
concurrence. creating a federal union.
(3) In the application of this Act to the Com- The page which was deleted after being en-
monwealth of Australia the request consent acted by the House of Lords and before it was
referred to in section four (4) shall mean the brought to the attention of the members of the
request and consent of the Parliament and Gov- House of Commons states: “ By reason of the
ernment of the Commonwealth. request of the colonies for Federal Govern-
ment, it is expedient that they have laws and
10. (1) None of the following sections of this
regulations to guide them. ”
 As this was the intent and purpose of this than that used to confer sovereignty upon the
Act, there was no need nor reason that it should provinces of Canada. [The problem is with
be repealed. Section 7, subsection 2 reads: provincials who still think they were of age to
“ The provisions of section two (2) of this Act contract a union in 1867, but were only coloni-
shall extend to laws made by any of the Prov- als. Exactly like those who sincerely believed
inces of Canada and to the powers of the legis- the sun was revolving around the earth from
latures of such Provinces. ” Josuha to Galileo. Ed.]
Why do provisions of Section 2 extend to It will be noted that Newfoundland is men-
tioned as one of the Dominions which has an
the provinces of Canada and not to the States of
equality of status no less than the others men-
Australia or to the States of South Africa ? For
tioned.
the reason that the Commonwealth, or Federal
Today Newfoundland is one of the prov-
Union of Australia, had been created by the
inces of Canada. Is it to be held that Newfound-
States of Australia to be effective from January
land holds a status superior to that of other
1, 1901. The States of South Africa had created
the Federal Union of South Africa in 1909. provinces? NO! Such is not the case. The pro-
visions of section 2 apply equally to each and
As the lawyers who drafted the Statute of every province, the same as Newfoundland.
Westminster knew, and all constitutional au-
thorities agree, that no confederation of the Section 8, 9 and 10 do not refer to Canada.
provinces had occurred, it was imperative that In order to understand Section 11, I will
the provinces of Canada should have an equal- again quote Section 18 (3) of the Interpretations
ity of status with the Dominions, in order that Act, 1889. It should be noted that twenty-two
they could convene a conference and create a years after the British North America Act was
federal union. passed Canada was a colony, and remained a
Section 2, therefore, reads as follows when colony until December 11, 1931, when her
applied to Canada: status was altered by the enactment of the Stat-
• 2. (1) The Colonial Laws Validity Act, 1865, ute of Westminster.
shall not apply to any law made after the com-
mencement of this Act by any of the Provinces Section 18 (3) reads: “ The expression
of Canada, or to the powers of the legislatures ‘Colony’ shall mean any of Her Majesty’s Do-
of such Provinces. minions (exclusive of the British Islands and of
British India) and where parts of such Domin-
• (2) No law and no provision of any law
ions are under both a Central Legislature and
made after the commencement of this Act by
local legislatures, all parts under the Central
the Legislature of any Province of Canada shall
Legislature shall for the purpose of this defini-
be void or inoperative on the ground that it is
tion be deemed to be ‘One Colony’. ”
repugnant to the law of England, or to the pro-
There is no intermediate status between a
visions of any existing or future Act of the Par-
colony and a sovereign state. If the provinces
liament of the United Kingdom, or to any order,
are no longer colonies they are independent
rule, or regulation made under any such Act,
sovereign states. [The citizen ignoring such,
and the powers of any of the Provinces of Can-
remains a colonial orphan and a political
ada shall include the power to repeal or amend
cuckold, a flunkey with the capacity of popular
any such Act, order, rule or regulation in so far
sovereignty. This should put an end to the need
as the same is part of the law of such Province.
for another referendum by Mr. Bouchard of
Quebec unless he has other ambitions than
I know of no way in which independence
those he states. Ed.]
could be conferred in more adequate language
 This gives lie to the stories of confederation.
As a federal union is a “ Union of Sover-
eign States mutually adopting a Constitution, ”
it was essential that the provinces should be
granted their independence and sovereignty in
order that they could create a federal union.

Unless or until such union is consummated,

Canada is merely a geographical expression,
not a political entity. 39
The original of the 1926 Resolution signed
by Brother R.R. Smith, together with the affi-
davit signed by R.H. Elliot, Custodian of the
Records of Assembly No. 2, Native Sons of
Canada, is in the Parliamentary Library, Ot-
tawa, Ontario.

39
. Walter F. Kuhl of Spruce Grove, AB, wrote to Premier
René Levesque in 1979 to remind him that the
provinces are living a common law union. No divorce
or secession procedures apply to such unions. Ed.
Chapter 9
CORRESPONDENCE
CORRESPONDENCE ON INCOME TAX

C . Fraser Elliott, collector of taxes, resigned

as Deputy Minister of Finance in 1945.
Visiting Ottawa early in 1945, I called on
think it strange that the Dominion Elections Act
states that only a British subject can exercise
the franchise in Canada, and no provision has
Mr. Elliott in his office in an imposing edifice been made for a Canadian to vote as a Cana-
on Sussex Street, south of the Parliament build- dian ? ”
ings and around the corner from the Château
“ Yes! That is true; I think it is high time
Laurier.
that the Constitution should be altered. But as I
Presenting my credentials to his secretary, I do not claim to be a constitutional authority, I
was shortly ushered into his presence. Mr. Elli- suggest that your questions should more prop-
ott sat behind an imposing mahogany desk on erly be put to Mr. Coleman, our Under-
which were three telephones and nothing else Secretary of State. ”
besides a scratch pad. As Mr. Elliott was re-
“ I have met Mr. Coleman, and will be
sponsible for the collection of some four billion
pleased to comply if I may say that it is at your
in taxes for the Consolidated Revenue Fund of
request. ” “ Certainly, you may do that. ”
Canada, these telephones were essential for him
to keep in touch with his lieutenants who were Not finding Mr. Coleman in his office when
engaged in harvesting distant fields of taxation. I called upon him, I decided to write and in-
During the interview he was constantly inter- clude in the letter the questions to which Mr.
rupted by the ringing of phones, and I was im- Elliott required an answer.
pressed with the efficiency with which he an- Having to wait some ten days for a reply,
swered the questions put to him. I could gather Mr. Elliott in the meantime had put his ques-
something of the problems he was posed by the tions as to the source of his authority to col-
answers he gave. lect taxes to the Department of Justice.
Between times, I had the opportunity to Mr. Coleman’s reply to my letter stated: “ It
question him regarding his source of authority is not within the orbit or function of my de-
to collect taxes. “ You state that you receive no partment to answer questions pertaining to con-
authority from Great Britain to collect taxes. ” stitutional law. If you want an answer to your
“ Certainly not, Canada now governs herself. ” questions, you should consult some attorney in
“ Well, in my humble opinion, if the Prime whom you have confidence or take the case to
Minister, Mackenzie King, had a scratch of a the courts. ”
pen to show that the provinces were united, he My problem was this: suppose I took this
would drive a tunnel under those Parliament case to the courts, could I expect that the
buildings (which we could see from his win- judges would decide that the Dominion had not
dows) and line it with concrete, and in a bomb- the right to collect taxes and thereby admit that
proof vault at the far end he would deposit this the Dominion was equally incompetent to ap-
most valuable document in a gold casket stud- point judges to dispense justice ? If I am any
ded with jewels, for without this I cannot con- judge of human nature, that would be carrying
ceive where you have the authority to issue a optimism too far.
postage stamp.
Not having received any adequate response
“ I am aware that the prevalent assumption to his questions from the Department of Justice,
is that Canada governs herself, but do you not
Mr. Elliott personally presented a brief to the letter, which I enclose, that the “ OFFICE ” of
Banking and Commerce Committee of the Governor-General was the government of Can-
Senate, saying, among other things: “ I would ada, prior to the enactment of the Statute of
like the astute minds of this Committee to use Westminster.
all their faculties upon this problem, for I find I We know from the decisions handed down
am restricted to advise from members of my by the Judicial Committee of His Majesty’s
own department. ” Imperial Council that -- “ In totality of legisla-
Returning west to the Cariboo District of tive powers, Dominion and Provincial together,
British Columbia, where I was engaged in min- Canada is fully equipped. ” In other words,
ing, I saw a press release which stated that Mr. Canada is no longer governed by the British
C. Fraser Elliott had resigned his post as Dep- Government.
uty Minister of Finance. I was elated; If I had Further, no Province of Canada is to be con-
his address, I would have called Diogenes, on sidered a “ Colony. ” (Section 11 of the Statute
long distance, and told him he could blow out of Westminster.)
his lantern. Section 7, Par. 2 states that: “ The provi-
Consider how great this man was. Although sions of Section 2 of this Act shall extend to
Mr. Elliott did not profess to be a constitutional laws made by any of the Provinces of Canada
authority, he was well versed in the fundamen- and to the powers of the Legislatures of such
tals of constitutional law and was among the Provinces. ”
few in the legal profession (I include Dr. Ar- The Rt. Hon. W.L. Mackenzie King has
thur Beauchesne) who could discuss the prob- drawn the attention of the public to the state-
lems to be encountered in constitutional and ment of the Hon. Louis St. Laurent, Minister of
international law. Justice, “ That the courts have held that the
My letter to Mr. Colemen and further corre- Provinces are Sovereign States. ” [Hansard,
spondence with Mr. Elliott follow. The corre- [1943], unrevised, July 5, p. 4459, O.O.]
spondence with Mr. Elliott is preceded by a It cannot be held that the Minister of Justice
demand for Income Tax Return, signed C.F. is unaware of the difference between autonomy
Elliott nearly a year after Mr. Elliott was ap- and sovereignty. It appears to me that if Canada
pointed to Chile. This correspondence is self is not under the British Government and no
explanatory. agreement has been signed by the Provinces to
Box 165, Viscount, Sask. create a Central Government,... the convention
April 11th, 1945 between the Province of Saskatchewan and the
Dominion regarding the collection of Income
Under-Secretary of State,
Taxes lacks validity.
West Block,
You are aware that the Rt. Hon. Ernest La-
Parliament Buildings, pointe was created a Minister Plenipotentiary
Ottawa, Ont. by the British Government in order that he
Attention : Mr. Coleman. would be competent to sign an agreement with
Sir, the United States regarding the Fisheries. These
papers are in the records of your office.
The Deputy Minister of Revenue, Mr. C.F.
Elliott, has referred me to you as he is unable to It has always been held that the Dominion is
answer questions regarding the competency of incompetent to sign an agreement as the Judi-
the department he represents to collect the In- cial Committee pointed out, “ There is a vast
come Tax. difference between the power to sign an agree-
ment and the powers conferred to carry out the
He agrees with me, as you will see by his
terms of a Treaty. ” 40 international status, which I previously lacked.
My question to Mr. Elliott is simply, what is I had done my best to qualify as a Canadian,
your source of authority to impose an Income but found this impossible. Although since Dec.
Tax? As he is not in position to answer, he has 11, 1931, Canadians are no longer British Sub-
referred me to you. jects, the Dominion Government has made no
Thanking you for a reply at your earliest provision for a Canadian to exercise his fran-
convenience, Sir, I am chise at the polls as a Canadian.
Yours truly, /s/ R.R. Smith, Attempting to overcome this apparent
Black Bear Creek, anomaly, the Dominion last year enacted a
Likely Post Office, B. C. measure, called the Canadian Citizen’s Act,
Oct. 2nd, 1947 stating that a Canadian Citizen is a British sub-
Mr. C. F. Elliott, ject. Is it a joke ? As the dictum of the Imperial
Santiago, Chile. Parliament is that Canadians are no longer sub-
Dear Mr. Elliott: ject to their enactments or laws, God Almighty
I am in receipt of a letter, either signed or could not make a Canadian a British Subject
franked by yourself. This is demand for infor- against the desire of the Imperial Government.
mation. Return for Calendar year 1946, on
Once upon a time, a little war was fought by
Form T.4.
thirteen colonies. Since then it has been inter-
[It] seems funny to me... that I received this nationally recognised... in fact, we may say it is
registered letter from you, when I had been axiomatic - that no individual can be taxed
under the impression for some time, that you unless he has representation in the political
were now our Canadian Representative to body which taxes him.
Chile.
Canadians should recognise the finality of
Likely, B.C. the words of the British Parliament, that they
Cariboo District, are no longer governed by the law of England,
Nov. 6, 1947 or by the provisions of any existing or future
Hon. C. Fraser Elliott, Act of the Parliament of the United Kingdom,
Canadian Embassy, Santiago, Chile. or any order, rule or regulation made under any
such Act. They are, therefore, definitely not
My Dear Mr. Elliott: British Subjects.

Naturally I was delighted to receive your You mentioned a ruling of the Minister of
very kind letter of the 20th ultimo. Particularly Justice, re the exemption of an Indian living
your congratulations on my becoming a Chief upon a Reserve, from the payment of Income
of the Crees. Tax. Although his ruling is in accordance with
the facts, as far as he went, he could have said
There is so much to tell you that I feel that that the treaties with the Indians provide that
this letter will be inadequate. However, I will the Indian is not to be taxed, whether upon the
do my best. You will understand when I ex- Reserve or not.
plain that I prize the honour done me by my
induction into the Crees. Further I now have an Of course, if WE, Indians choose to live in a
municipality, we do not contest the municipal-
ity collecting taxes from us for the services they
40 render. Does the municipality pay us rent for
. The dominion cannot, merely by making promises to
foreign countries clothe itself with a legislative the land they occupy, according to our trea-
authority inconsistent with the constitution which ties ?
gave it birth. Appeal Cases, 1937, p. 352. Ed.
 I am enclosing a clipping on the rights of your word as I intend to keep mine. However, if
Eminent Domain, which I think explains our any house is built within a mile of the Reserve
position. We Indians of Canada, are not in the to sell liquor to the Indians, I will break the
same category as Indians of the United States. Treaty. ”
We ourselves reserved our lands, whereas the The Indians I found to be good Samaritans. I
Indians of the United States hold their lands in came to them clothed in rags and tatters of the
tenure from the Federal Government. British North America Act. They clothed me in
You will agree that we were equals when a soft white buck-skin suit, (gave) me an inter-
Great Britain signed treaties with us? This posi- national status, and said: Hereafter your name
tion has not been prescribed or altered. In these shall be ‘Wapanatak’. If I remember correctly
treaties we granted Great Britain an em- one of the apostles had his name changed in
phyteutic lease of the lands we did not RE- much the same way.
SERVE, which tenure is perpetual as long as I must say that I was pleasantly surprised
both parties adhere to the terms. Great Britain when shown a passport issued at Oswegan by
(is) to pay yearly $25.00 to each Chief, and the Six Nations to an Indian, which was
$5.00 to each member of the tribe. Great Brit- counter-signed by the Government of Switzer-
ain has given no intimation that she is dissatis- land. Proof that we, as Indians, have interna-
fied, or would desire to repudiate any of these tional recognition.
treaties, nor has she failed to pay her rent.
Four years ago, after my address to my fel-
It could not be considered a matter of our low tribesmen at a meeting convened by Chief
concern or of protest by us that Great Britain Swimmer, assisted by Chief Tootoosis (Grand-
placed the onus of responsibility of carrying out son of Pound-maker) in the Eagle Hills, an old
the terms of these treaties upon her subsidiary, Chief shouted in Cree: “ Your name is Morn-
the Dominion Government. Until Canada ing Star. This is the first light we have seen in
achieves the competency to sign treaties with the dawn of a new day for the Indian. ”
us regarding our mutual affairs, we are, I think,
I explained to them that we have the right to
justified in holding inviolate the treaties signed
carry on export from or import to the Reserve,
by Great Britain and ourselves. The creation of
in bond, of any commodity with any foreign
the Department of Indian Affairs, instigated by
Nation, that we have the right to our own
a Royal Commission sent to Canada by Great
Courts, our own police force, our own army
Britain, headed by Mr. Olophant, we consider a
and navy, if we choose. We can issue our own
reasonable action by the Imperial authorities, to
automobile and drivers’ licenses. We can, last
more adequately provide supervision to carry
but not least, adopt a Flag.
out the terms of our treaties, and as a gesture of
friendliness to us; as at the time white men There are two peoples who cannot adopt a
were encroaching upon our lands. But this Flag: the Gypsies of Europe, and the Canadian
should not deter us in any way from exercising people. Both lack the Right of Eminent Do-
our sovereignty, or make us wards of the Do- main.
minion Government, as many have asserted. On July 28, 1707, Queen Anne decreed that,
Nor is it primarily a Dominion law that liquor as a sign to other Nations of their peaceful pur-
shall not be sold to Indians, but a part of our suits (that they were not battleships), the Mer-
treaties. In signing an Old Chief said: “ I now chant Marine of Great Britain “ should fly a
take off my glove and give you my hand, and I Red Ensign with the Union Jack in the upper
hope none will say that anything done here was
done in secret, but openly before the Great
Spirit and the Nation, and I hope you will keep
right hand corner next the staff. ” 41 Dec. 26, 1947.
Is it not a travesty on the intentions of Hon. C. Fraser Elliott,
Queen Anne, and internationally ridiculous, for Canadian Ambassador,
a Canadian battleship or destroyer to enter a
Santiago, Chile.
Chilean port flying this Flag? Some rights of
Eminent Domain in my opinion should be Dear Mr. Elliott:
granted by the Provinces of Canada to the Do- Your kind letter of the 21st ultimo was for-
minion, in order that they, at least, be compe- warded to me here, where I am spending the
tent to adopt a Flag. 42 Xmas holidays. As it would, no doubt, make
From a white mark half-way on the bridge you homesick for me to describe the festivities,
connecting Ottawa and Hull to the borders of I will abstain.
New Brunswick, the territory belongs to the However, I cannot agree with your view that
Province of Quebec. From this mark to Mani- all residents of Canada are British subjects ow-
toba is the property of Ontario. The Dominion ing allegiance to the Crown.
Government, devoid of the rights of Eminent
What is the Crown ? Hallsbury states that:
domain, pays the City of Ottawa $2,775,000
“ The Crown is composed of all great depart-
yearly rent.
ments of state wherever they may be or exist
You have now a distinct advantage over and the servitors of the Crown when acting
your contemporaries in Ottawa in not being within the orbit of their authority. ”
bothered by so many petty affairs. You are now
able to soar over the Andes on the plane of You were the Crown when acting as Minis-
contemplation and not be inhibited by the as- ter of National Revenue. Yet you admit that
tigmatic viewpoint of party politics. Being an you did not get any power from the British
Indian Chief, I too, am able, to some extent, to Government to collect taxes from the Canadian
view the deplorable state of our country objec- people. My opinion, naturally, is that we could
tively. Canada, in my opinion, should be a po- be British subjects only if you and other Do-
litical entity, not merely a geographical expres- minion officials concede that Canadians are
sion. It is possible that I may be duly accredited governed by laws enacted by the British gov-
by the Indians of Canada as their Chilean Am- ernment.
bassador. If so, I must surely brush up on my May I add that it has been reiterated many
Spanish. times in Canada that “ Canada governs herself ”
Adios, Señor, or that “ Great Britain does not govern in Can-
ada. ”
/s/ Chief Wapanatak (R.R. Smith)
Our first British King was a subject of
Hanover, both before and after he was adopted
Western Hotel, Saskatoon, Sask., by the British people as their King. Further, an
eminent British Jurist stated: “ The King is a
41
. Now flown by the Province of Ontario, but formerly Subject the same as the man who sweeps the
by the Dominion. Ed. street. ” Therefore, there is (in my opinion) no
42
. The official hoisting of the Red Maple Leaf was from anomaly in my being a Canadian and at the
a staff off the Parliament buildings. These buildings, same time, an adopted brother of the Crees.
in turn, are renting on Ontario territory. It seems
certain bureaucrats were steering Canadian soldiers The Crees inform me a Chief can have two
that day in 1965, so they could do the appropriate wives. The white man’s law says only one. I
thing for those circumstances. In civilised nations, observe both by having none. It will be con-
the national flag is a symbol of territorial property.
ceded that I cannot deduct anything from my
Ed.
Income Tax on the score of dependants, but Majesty. 43
you will admit it is at least peculiar for me to Is this Canada ? If such a political body as
receive a registered letter demanding a “ Return this can sentence me to jail for insisting on
for Income Tax ” and threatening me with dire being known as a Canadian, to jail I will go.
penalties if I do not comply... (signed) “ C. This would be something for Dorothy Thomp-
Fraser Elliott. ” son. Imagine a native of Chile being sentenced
to jail for insisting on being a Chilean.
The Department of National Revenue (is)
As the subject matter for our correspon-
evidently not acting on behalf of the Crown,
dence cannot be said to be either private or
but upon the illustrious distinction you lent this
confidential and it is interesting to Canadians in
office when acting as its head.
particular, I request your permission to make
In the last paragraph of your letter, you leave copies or publish in extenso.
the impression (that) you consider it anachro- My best wishes to you for a very happy New
nistic for a Nation to exist within a Nation. May Year, and thanking you for your kind letter on
I instance two, Andorra in the Pyrenees, and behalf of myself, the Indians and the Canadian
San Marino in Italy. People, I remain,
Disregarding other factors, it will doubtless Yours sincerely,
be conceded that: “ The competency to negoti- /s/ Wapanatak (R.R. Smith)
ate and conclude a Treaty is the sine qua non of
a Nation”. Further, if the Indian did not en- April 17, 1948.
hance his power, he accentuated his rights by The following article, Affairs of State by
signing Treaties with the United Kingdom. Arthur Blakely, appeared in the Montreal Gazette
Britain is anything but precipitate. She signs no
Ottawa, April 16… To the list of Indian he-
Treaties with irresponsible persons. Therefore,
roes... Brant the great Iroquois... Pontiac, of the
it maters little what you or I, or the Dominion
officials, think of the Indian Nation. What Brit- Ottawas... Tecumseh, the immortal Shawnee...
ain concedes is a “ fait accompli. ” and Sitting Bull, war Chief of the Sioux... add
one more name. In the musty centuries of the
I am a third generation Canadian, and in- past, these defied with shining, if impermanent
sofar as I am concerned, I shall make a Return success the superior armament of the white
for Income Tax only when provision is made man. But in the fiscal year 1947-1948, the Cree
whereby I may exercise my franchise at the Chieftain Wapanatak, or Morning Star, has
polls as a Canadian. At present [1965] the Elec- been even more daring. He had brandished his
tions Act is explicit in stating eleven times that tomahawk and shouted his war whoops at the
only a British subject can vote in Canada. [It all-powerful medicine men before whom even
does no more. Ed.] the most courageous palefaces have quailed in
In Ottawa we have a House of Commons abject terror... The Taxation Division of the
and Senate, the members British subjects, Department of National Revenue. From his
elected by British subjects. It is mandatory that mountain stronghold at Black Bear Creek,
a Bill passing both Houses must be assented to Cariboo District, B.C., Wapanatak, more pro-
by a Governor-General before it becomes law. saically known as R. Rogers Smith has engi-
The Department of External Affairs informs me
43
that he is not (an) accredited representative of . The tract Doit-on me fusiller? published in 1942,
the British Government. He, therefore, does not accused Lord Athlone of being an impostor. Like
represent the Crown, nor is he a Viceroy of His Lord Tweedsmuir, Athlone arrived without Patents
from anybody. What less could he be but an
impostor ? Ed
neered a series of ambushes in the best Indian controversy, but he indicated a belief that Wa-
tradition. The startled Taxation Division has panatak—R.R. Smith, that is—would have to
been subjected to a withering fire of adjectives, pay up. He added polite congratulations to Wa-
nouns, verbs, clauses, chapter and verse from a panatak on his elevation to Chieftainship. He
stealthy... well skilled in the use of these deadly probably thought he’d heard the end of it. He
weapons... who has waged a beautiful running hadn’t.
fight taking advantage of every conceivable bit Back at Black Bear Creek, Likely Post Of-
of cover. The Income Tax tribe, quite frankly, fice, Cariboo District, B.C., Wapanatak decided
wish that they had never heard of Chief Morn- that Mr. Elliott was a nice reasonable man,
ing Star of the Crees. They also wish that they even if subject to certain illusions, and that he
had never sent him a demand over the signature could do worse than put his Income Tax case
of C. Fraser Elliott, that he submit an income before the Canadian Ambassador to Chile.
tax return for 1946. Mr. Elliott had long since
left the Department of National Revenue. But, The letter, which reached the astonished Mr.
then, who would expect a Cree to know that Elliott, reads like the creation of a Philadelphia
Mr. Elliott had become Canada’s diplomatic lawyer. It abounds in Ultimos, words [like]
representative in Chile? Whatever the odds Emphyteutic and citations from hoary treaties
against it, Chief Morning Star was well posted. and the Statutes of Canada — all used in the
He wrote to the Hon. Mr. Elliott in Santiago to right spot, as far as this writer, innocent in such
ask about his status and give reason for his un- matters, is aware. It reads, in a word, like a
derstandable confusion and did so, quite obvi- Supreme Court Judgement. He made out a
ously, with tongue in cheek. good case for the assertion that legally there is
no such animal as a Canadian Citizen. He told
He ended on a friendly note. Mr. Elliott that he’d tried to qualify as such
“Since I last saw you,” he wrote the doubt- “ But this I found impossible ” since there was
less startled Mr. Elliott, “I have been made an no provision whereby a Canadian could “ exer-
Indian Chief of the Crees, Chief Wapanatak, cise his franchise at the polls as a Canadian. ”
meaning Morning Star. You understand, of He also noted a statement in the Canadian Citi-
course, that according to our treaties with Great zenship Act that Canadians are British Sub-
Britain, we, Indians, neither pay taxes nor make jects.
a return. What I desire to know is: Are you in Is this a joke ? he demanded. “ As the dic-
any way responsible for sending me this letter? tum of the Imperial Parliament is that Canadi-
Hoping it isn’t as chilly in Chile as here, I re- ans are no longer subject to their enactment or
main, yours sincerely, R.R. Smith.” laws, God Almighty could not make a Cana-
The earnest and Honourable Mr. Elliott’s dian a British Subject. ”
reply from Santiago has not, regrettably, been Further, it was a recognised principle that
preserved for posterity, though its contents are there could be no Taxation without representa-
known. He thought (Heh—Heh) that the letter tion so how could there be Taxation? “ Once
had probably been sent over his signature by upon a time, a little war was fought by 13
error, since he was no longer a Taxation Dep- Colonies”… he added grimly.
uty Minister but a member of the diplomatic
corps. Presumably an old form, which he had He asserted that the ancient treaties signed
signed way-back when it had been used by by Great Britain with the Indians proved the
some careless clerk, he suggested. As far as the special, but equal status of the latter. Indians
Taxation question was concerned, he made it possessed the right of Eminent Domain, he
plain that he didn’t want to be drawn into any argued, and he sent along a clipping on this
legal point to substantiate his case. The Treaties
said, Wapanatak found, that Indians were not being at once Canadian Citizens and subjects of
to be taxed whether they lived on reserves or the British Crown was pretty well accepted
not. And he hinted a belief that Canadian pale- everywhere, but as stated, it is not up to me to
faces were mere tenants of the Indians, under enter upon the matter in any controversial
the old agreements. He said boldly that the sense. I only express these thoughts to indicate
Indians had the [right to export or import to my views.
the reserve in bond ]… that we have the right
The broad points raised by Wapanatak
to our own Courts, our own police force, our
were interesting and the Chief should find
own army and navy if we choose. We can issue
much interest in developing them to a conclu-
our own automobile and driver’s licenses. We
sion that is appreciated by the Dominion Gov-
can, last but not least, adopt a Flag. ” He in-
ernment as well as by yourself and your friends.
sisted that his latter was the one thing which the
Even more hesitantly, he expressed doubt that
Federal Government, lacking the right of Emi-
the Indians’ power to exercise the rights men-
nent domain, could not do, and that in this re-
tioned free of the white man’s tax and with a
spect it was in the same spot as the Gypsies.
separate Flag could be attained in the foresee-
“ You have now a distinct advantage over your
able future by the people for whom you speak.
contemporaries in Ottawa in not being bothered
May I again thank you for your most informa-
by so many petty affairs. ” Wapanatak, in con-
tive letter, Mr. Elliott assured Morning Star in
clusion, informed Mr. Elliott, who must have
closing.
required reassurance.
“ You are now able to soar over the Andes
on the plane of contemplation and not be inhib-
ited by the astigmatic viewpoint of party poli-
tics. Being now an Indian Chief, I, too, am able,
to some extent, to view the deplorable state of
our country objectively. Canada, in my opinion,
should be a political entity, not merely a geo-
graphical expression. It is possible that I may
be duly accredited by the Indians of Canada as
their Chilean Ambassador. If so, I must brush
up on my Spanish
Adios Señor,
Chief Wapanatak

What are you going to do with that sort of

thing? Canada’s Chilean Ambassador quite
apparently didn’t know. [Would Mr. Bouchard
have known more, he is a former ambassador?
Ed.] His answering letter from Santiago, as
cautious as it is courteous, gives thanks for your
very interesting letter and adds that it is not for
Mr. Elliott to develop the several points you
make particularly as to the inefficiency of the
Canadian Citizenship Act.
The Ambassador said he had thought that
the orthodox view of the Status of Canadians as
 On December 26th, Wapanatak who had
moved his tepee to Saskatchewan for Christ-
mas, penned to the Ambassador in Chile, a
moving letter which opens: “ Your kind letter
of the 21st ultimo was forwarded to me here.
As it would, no doubt, make you homesick for
me to describe the festivities, I will abstain... ”
The letter, a long one, is more replete than the
earlier ones in citations from eminent British
and Canadian Jurists to back the Morning Star
position.
The core of the letter is in the stubborn
words: “ That I shall make a return for Income
Tax only when the provision is made whereby I
may exercise my franchise at the polls as a Ca-
nadian. ” At present the Elections Act is ex-
plicit in stating 11 times that only a British Sub-
ject can vote in Canada.
Was a Canadian to be jailed for insisting on
voting as a Canadian, Wapanatak demanded?
Surely this was absurd. He hinted darkly at
bringing Dorothy Thompson into the case. But
if it were a case of pay or go to jail, “ to jail I
will go, ” the Chieftain wrote. Here he took his
hand.
He concluded with “ my best wishes to you
for a very Happy New Year and thanking you
for your kind letter on behalf of myself, the
Indians, and the Canadian People. ”
The Santiago-Black Bear Creek correspon-
dence in the hands of the writer ends on this
pleasantry. There are reports that the all power-
ful Taxation Division has given up the fight and
called it a day.
In any event, Mr. Elliott, at least, has aban-
doned the field to the Cree Chieftain from
Likely Post Office, B.C.
Chapter 10
COURT TRIALS, 1942-
1942-1947

D oit-on me Fusiller ? (Must I Be Shot ?)

was the title of a pamphlet written in 1942
which was highly critical of the govern-
were pondering what action could be taken, I
wrote the Hon. Louis St. Laurent the following
letter, with my bill enclosed.
ment. 44
1605, Amherst Street, Montreal, Que. —
The pamphlet contained but a short synopsis
March 30, 1942
of the information found in this volume. I admit
Hon. Louis St. Laurent,
it was written in a rather racy tempo, in order to
Minister of Justice of the Dominion,
draw the attention of Canadians to the fact that
Ottawa, Ont.
their rights were in jeopardy. Among some of
In account with: R. ROGERS SMITH
the statements I asked were, “ Can I be put in
prison or shot for stating that the Governor- 3500 Copies of Doit-on me Fusiller ? at .10 ¢
General, the Earl of Athlone, is officially an = $350.00
impostor? ” and, “ Can I be put in prison or Honourable Sir:
shot for stating that no Bank in Canada has
subscribed for any issue of bonds since war Recently your correspondent has been dis-
was declared? ” turbed by the Actions of the Royal Canadian
Mounted Police. They have appropriated
Of course I was well aware that the Earl of thirty-five hundred copies of Doit-on me Fu-
Athlone was not accredited or authorised by the siller? to distribute to members of the force.
British Government to be Governor-General of
Canada. Also I knew, since I had had talks with It will doubtless be conceded that the search
the President of the Bankers Association, that for truth is one of the strongest impulses in
no bank had subscribed to any issue of bonds. mankind. It will also be conceded that the
Mounted Police have until now been denied the
As soon as the pamphlet was issued, the opportunity to satisfy their thirst for knowledge
Mounted Police sized 3500 copies. What could on matters pertaining to the Constitution.
the authorities do when the Governor-General
could not produce any credentials and the The spirit and zeal they have shown in their
banks had to admit that they had not subscribed search is commendable. However, the knowl-
to any issue of Dominion bonds ? While they edge can be obtained without resorting to gun-
point. The writer spent three years in researches
44 in the Parliamentary Library and the Dominion
. The pamphlet was drafted in an excellent French
probably because Mr. Jean Drapeau, former Mayor of
Archives, collecting the data which is con-
Montreal, then student of constitutional law, was densed in this pamphlet. It was written for the
secretary of the movement “ The Federated States of Canadian people as a whole, not simply for the
Canada. ” Their address was near the Municipal edification of the Police Force. Had the writer
Library. In 1972, the present editor re-edited that
known before-hand that the demand would
pamphlet in Quebec City and as it was listed on the
Cardex of Laval University, but absent from the exceed the supply, he would have had more
shelves, four copies were placed appropriately there. copies printed. The retail price of the pamphlet
Those copies disappeared with time. To remedy the (of which I enclose a copy) is .25¢, which in-
situation, 25 copies were inserted on the shelves of the cludes the .01¢ tax to the Province of Quebec.
Law Library of the same University. A year later
visiting Laval’s General Library, the Law library had
Whole sale prices are .10¢ in lots of 1000 or
moved to a different local. Ed. over, with the usual discount for cash.
 As the Dominion Government has recently I was let out on $1,000 bail, 45 and trial was
voted a gift of one billion dollars for a less wor- arranged for the following week. Judge Per-
thy purpose, it should be evident to those in reault, who presided, fined me $50 and costs or
charge of the Police Force, that the Government thirty days, after stating that it made no differ-
is in a position to purchase any information ence whether what I said is true or not, the De-
they desire. As the Writer states in Doit-on me fence of Canada Regulations made no mention
Fusiller? that no organisation is back of him, it of this point. I appealed the case to the Superior
is, to say the least, inconsiderate of them to Court, and when Judge Lazure upheld the deci-
expect him to keep them supplied with copies sion of the lower Court, I paid the fine. When I
at his own expense. Enclosed you will find a was leaving the Superior Court, a lawyer who
bill for the 3500 copies received at the reduced was not connected with the case clapped me on
rate of .10¢ . the shoulder and said, “ Fifty-dollar fine. It’s
Unless this bill is promptly paid, it may be worth that. Why I can call the Governor-
impossible for me to get out a second edition. General an impostor on the street and it would
The printer is a practical person, and demands only cost me fifty dollars. That’s a precedent.
cash on the nail. Trusting that I may have an That’s his price ”. 46 The Montreal Gazette
early and favourable reply, I am, published a fair résumé of the trial.

Yours truly, In 1947 I was summoned in Montreal for

non-payment of Income Tax for five years. My
/s/ R. Rogers Smith defence in this case was similar to the state-
ments made in Chapter 9, “ Correspondence
on Income Tax, ” so there is no need to repeat
The reply received was penned by the Secre- it here. I stated that I would go to jail rather
tary of the Minister, who wished to inform me than pay any fine, but that I would comply by
that “ the pamphlets were not seized to distrib- making a return as soon as I were officially
ute to the personnel of the Mounted Police, but recognised as a Canadian. I received a sentence
were seized for the reason that they were con- of a $1,200 fine or five months in jail. One
sidered subversive. ” Of course, one could lawyer remarked that I had made monkeys out
hardly expect the staid Department of Justice to of the judges. I deny this, as I was carefully
tell the difference between a joke and a bale of polite and bowed to the judges after being sen-
hay. tenced, and the police at the door bowed me
After deliberation they concluded that I out. 47
should be prosecuted upon the charge of writ-
ing Doit-on me Fusiller? in wartime on the
45
grounds that it violated the Defence of Canada . Dr. Gabriel Lambert bailed the author out. Court of
Regulations. King’s Bench, 1942, File 4446. Ed.
46
. Since that date, not much has changed, nor the
Hearing by grape-vine that a warrant had Commission that puts him there. Sincerity has only
been issued for my arrest, I presented myself to got thicker. Ed.
47
the Sergeant of the Mounted Police in Mont- . A full afternoon at the old Court House on the corner
real. The Sergeant was startled when I men- of St. Laurent and Notre-Dame Streets, in old
Montreal, was devoted to the search of that particular
tioned who I was, but recovered his aplomb in a case. Aided by the clerk at the Registrar, there
minute to produce the warrant and have my employed in 1947, the search proved useless. The
numbered photographs and fingerprints duly clerk suggested to return in a week’s time for further
posted in the rogues’ gallery. information. A week later, in April 1972, the same
clerk mentioned his friend, on a higher level had
When I was arraigned before the magistrate, advised him to mind his business. On parting, we
agreed the case must have been touchy. Ed.
 I have not filled out any Income Tax form,
nor have I been bothered since then.
Evidently the judges considered that it
would be too risky for them to incarcerate a
Canadian in jail simply for requesting to be
officially recognised as a Canadian. I would not
know whether the judges expected me to go to
jail and request admission or not. But in any
case I cannot be held responsible for the
judges’ making monkeys of themselves; this
was their own funeral.
Chapter 11
THE GOVERNOR - GENERAL

B ritish rule in Canada dates from 1759,

the battle of the plains of Abraham. The
French forces were defeated. General
instructed to make their returns to the Colonial
Office. All governors were henceforth ap-
pointed by the Secretary for the Colonies, who
James Wolfe, commander of the British army, was made a member of the British Cabinet.
fell on the field and his position as leader was Sir George Fiddes, in his book, The Domin-
filled by General James Murray. ions and Colonial Offices, states: “ It is equiva-
When Montreal capitulated in 1760 and the lent to a rejection of any person as a Governor
Treaty of Paris was negotiated by the British that his name be even mentioned to the Secre-
and French, General James Murray was ap- tary to the Colonies prior to his appointment. ”
pointed governor by the Board of Trade. The The Secretary for the Colonies being a member
powers creating General Murray an absolute of the Cabinet, it would be an outrageous faux
dictator are stated to be the Constitution of the pas for any other cabinet minister to intimate or
Government of Canada, and are preserved for suggest any action to him, as to any other min-
posterity in Sessional Papers 18, Dominion ister, regarding the discharge of his duties.
Archives. The retention of the colony as a British pos-
It should be explained that as each colony session is the sole responsibility of the Colonial
came under British rule, the area, with a map of Secretary, and therefore he cannot be interfered
the title, was placed in the custody of the with in the exercise of his duties. As mentioned
Crown in Chancery or the Department of Lands earlier, the first Colonial Secretary, being anx-
of Great Britain. Henceforth this Crown in ious to confer as much power as possible to his
Chancery had the responsibility of retaining the governor appointee, was professionally enam-
conquered territory as an asset of the British oured of the power granted to Governor Murray
people. It was the custom then and until 1782 by Yorke and Yorke, attorneys for the Board of
to transfer the exercise of authority and the Trade, and these powers were made the model
administration of affairs to the Lords of Trade of the constitutions granted to future governors
and Plantations. After 1782 the Crown in of colonies.
Chancery granted these powers to the Colonial The power granted to the Governor is all in-
Office, the affairs of which were administered clusive: he is a “ corporation sole. ” A ruling
by the Secretary of State to the Colonies. was further made “ that members of the Royal
It is also necessary to explain that no gover- Family, when in Canada, take precedence next
nor has ever been appointed by the Parliament after the Governor-General ”. 48
of Great Britain or by the King or Queen. The The procedure in the appointment of a gov-
name of the Lords of Trade and Plantations was ernor is that after he is chosen and appointed by
altered by custom to the Board of Trade and the Colonial Secretary, he is introduced to the
Plantations and finally to the Board of Trade. Lord High Chancellor, whose Clerk of the
A scape-goat was needed for the loss of the Crown in Chancery grants to him “ Letters Pat-
thirteen New England colonies: Burke’s Act, ent ” which constitute him the “ Sole ” gov-
1782, abolished the Lords of Trade and Planta-
tions, and the governors of all colonies were 48
. Parliamentary Guide.
ernment of the Colony. Next he is introduced to other necessary Officers and Ministers in the
His Majesty at the Court of St. James and is said province...
issued “ Instructions ” to open and close ses-
(7) And it is Our will and pleasure that you
sions of the legislatures, assent to acts, and
do, and are hereby authorised and empowered
other powers, in the name of the King or Queen
to suspend and remove any of the Members of
as the case may be  but he is not a viceroy.
the said Council from sitting, voting and assist-
Further, if the King or Queen are in Canada ing therein, and also in like manner to SUS-
they take precedence next after the Governor-
PEND any of Our Lieutenant-Governors of Our
General, as we said. said Province from the execution of their com-
An Imperial Privy Council for Canada com- mands. And We do hereby command all Offi-
posed of nine members bearing the title of cers and Ministers, Civil and Military and all
“ right honourable ” is appointed to assist the other inhabitants of Our said Province to be
Governor-General in the government. The Im- obedient, aiding
perial Privy Council for Great Britain is formed and assisting unto you, the said James Murray,
by 320 “ right honourables, ” who form the in the Execution of this Our Commission.
executive government of Britain, and all of IN WITNESS whereof WE have caused
whom are eligible to receive their remuneration these “ OUR LETTERS PATENT ” to be
from the British Treasury. made Patent. Witness Ourselves at Westmin-
I have stated previously that there has been ster, the twenty-first day of November, One
no alteration in the government of Canada since Thousand Seven Hundred and Sixty-three and
the first appointment of a governor for Canada in the Fourth Year of Our Reign,
in 1763. Following is an excerpt taken from the By writ of Privy Seal,
Constitution drafted by Yorke and Yorke of the
Board of Trade and Plantations, and in a fol- YORKE and YORKE.
lowing column are the powers which he can
exercise today, dated 1947.
The Colonial Secretary was firmly con- George R (1947)
vinced that the revolt in the New England colo- George VI, by the Grace of God...
nies was due not to the restrictions placed upon
them but too much liberty. If the revolt in the
first instance had been ruthlessly handled, the III. And We do hereby constitute to keep and
colonies would now be in the possession of use Our Great Seal of Canada for sealing all
Great Britain. things whatsoever that may be passed under the
Great Seal of Canada.
George R ( 1763 )
IV. And We do further authorise and em-
George III, by the Grace of God... We have power Our Governor-General to constitute and
thought fit to constitute... And We do authorise appoint, in Our name and on Our behalf, all
and Empower to keep and use the Public Seal, such Judges, Commissioners, Justices of Peace
which will herewith be delivered to you, or and other necessary Officers (including Diplo-
shall hereafter be sent to you, sealing all things matic and Consular Officers) and Ministers of
whatsoever that shall pass the Seal. And We do Canada, as may be lawfully constituted and
hereby give and grant unto (you) full-power appointed by Us.
and authority to constitute and appoint Judges
and in cases requisite commissioners of Oyer V. And We do further authorise and em-
and Terminer, Justices of Peace, Sheriffs and power Our Governor-General, so far as We
lawfully may upon sufficient cause to him ap-
pearing, to remove from office or suspend from IN WITNESS whereof, We have caused these
the exercise of the same any person exercising Our Letters Patent to be made Patent, and for
any office within Canada under or by virtue of the greater testimony and validity thereof, We
any commission or warrant granted or which have caused Our Great Seal of Canada to be
may be granted in Our name under Our author- affixed to these presents, which We have
ity. signed with Our Royal Hand.
IX. And We hereby require and command Given this eighth day of September, in the Year
all Our Officers and Ministers, Civil and Mili- of our Lord, One Thousand Nine Hundred and
tary and all the other inhabitants of Canada to Forty-Seven and in the eleventh year of Our
be obedient, aiding and assisting unto Our Reign,
Governor-General, or, in the event of his By His Majesty’s Command,
death, incapacity, or absence, to such person W. L. Mackenzie King,
as may, from time to time, under the provi- Prime Minister of Canada.
sions of these Our Letters Patent administer
the Government of Canada.

The Governor - General’s Act

R. S. 1927 - Chapter 85.
An Act respecting the Governor-General, Short 4) There shall be payable yearly, and pro rata
Title for period less that a year to the Governor-
General of Canada for the time being, a sal-
1) This Act may be cited as the Governor-
ary of ten thousand pounds sterling, equal to
General’s Act - R. S., Ch. 3., Sec. 1.
and of the value of forty-eight thousand, six
2) The Governor-General of Canada for the hundred and sixty-six dollars and sixty-three
time being or other chief executive officer or cents.
administrator carrying on the Government of 5) (2) Such salary shall be payable out of the
Canada, on behalf or in the name of the Consolidated Revenue Fund of Canada and
King, by whatsoever title he is designated, shall form the second charge thereon.
and his successors shall be a Corporation R.S., Ch. 3, Sec. 4.
Sole.
So you thought the governor-general was a
3) All bonds, recognizances and other instru- figurehead? Well! Mind you, whether you are
ments by law required to be taken to the in Canada, Great Britain or the United States
Governor-General in his public capacity, the same holds true: “ When custom conflicts
shall be taken to him and his successors by with the words of a statute the words of the
his name of office, and may be sued and re- statute prevail. ” 49
covered by him or his successors by his or
their name of office as such. If the governor-general does not have the
power, then neither the “ Letters Patent ” which
(2) Such bonds, recognizances and other grant the power or the Governor-General’s Act
instruments shall, however, in no case go to should be upon the Statutes of Canada. The
or vest in the personal representatives of the Statute states that his salary shall be the second
Governor-General, Chief executive officer
or administrator of the Government  in
whose name they were so taken. 49
. The words of the Treaty of Paris, 1763, Sec. 4, must
have the same consideration. Ed.
charge upon the Consolidated Revenue Fund of zen or British subject could sign an agreement
Canada. This includes not only his personal on behalf of Great Britain. Only a Canadian
salary but the salaries of the ten deputy gover- could sign an agreement on behalf of Canada
nors of the provinces.  but as yet Canada is merely a geographical
The first charge against the Consolidated expression, not a political entity. The governor-
Revenue Fund is the cost of the collection. 50 general and the members of the Imperial Privy
Then before any money vote for any purpose Council (the “ right honourables ”) know that
can come before the House of Commons or the as soon as a Canadian can vote, their rule is
Senate, his salary must first be paid. ended.

Can the governor-general declare war ? The On the Thursday after Britain declared war
answer to this question is in the negative. 51 The upon Germany in 1939, the Parliament was
reason is that this is a prerogative held only by convened in Ottawa, and in the Governor-
the British government. If Great Britain al- General’s speech from the Throne, which was
lowed her governors to declare war, she could read by the Rt. Hon. Ernest Lapointe, it was
well be at war all the time. The governor- stated that “ when Britain is at war, Canada
general is a British subject, and no British sub- is at war. ” The House adopted the “ Speech
ject can negotiate a treaty or even ratify a trade from the Throne ” but no declaration of war
agreement unless he is accredited and author- was made upon Germany.
ised by the British government for that purpose. Under different sections of the rules govern-
The Rt. Hon. Sir John A. Macdonald was ac- ing warfare which were adopted by The Hague
credited as a minister plenipotentiary to sign Tribunal and later incorporated into the Geneva
the Treaty of Washington, May 8, 1871. The Conventions, it is provided that when one coun-
Rt. Hon. Ernest Lapointe was accredited as a try has a grievance against another, it shall no-
minister plenipotentiary to sign the Fisheries tify the offending country by letter; then if no
Treaty with the U.S.A., in 1911. reply is forthcoming in twenty-four hours, war
On April 28, 1946, the Rt. Hon. W.L. may be declared. It is further provided that if
Mackenzie King, with the Rt. Hon. Louis St. any person is captured upon the battlefield
Laurent, were created ministers plenipotentiary fighting in the uniform or under the flag of a
to sign the Charter of the United Nations at San country which has not declared war, he may
Francisco, June 4, 1946. immediately be shot as a spy.

In 1878 a ruling was made by the British Great Britain, the United States, France and
government that British subjects could sign a Germany are among the nations who affixed
trade agreement on behalf of Canada, provided their signatures to these Conventions. When
it had the assent of the British ambassador to eighteen Canadian airmen, in Canadian uni-
that country. forms with Canada upon their shoulder straps
and caps, parachuted down unharmed upon a
Although the Pan-American Union has in- sector of the front occupied by [Colonel] Kurt
vited Canada to join, this is not possible for Meyer and his forces, they were captured and
British subjects, who could not be seated; nor were lined up and shot as spies.
could the Union Jack be flown in the halls of
the Organisation of American States. Only an At the war trials held at the close of the war,
American citizen could sign an agreement on a demand was made by representatives of Can-
behalf of the United States. Only a British citi- ada that [Colonel] Kurt Meyer be executed as a
war criminal. If he had been convicted of hav-
50 ing committed a crime, it would have been
. Section 103, B.N.A. Act.
51 equivalent to a repudiation of the signatories to
. The Constitution of England, Sec. 5. Ed.
the Geneva Convention, including Britain, the have not granted the Dominion any right to
United States and their allies. 52 their property, or the right to issue securities
backed by the property. The Dominion Gov-
Kurt Meyer was held in Dartmouth Peniten-
ernment has no department of lands; even the
tiary in Nova Scotia as a prisoner of war until
land under the Parliament buildings belongs to
peace was made possible. Today General
the Province of Ontario. 54
Meyer is an honoured leader of the forces of
West Germany. The eighteen young volun- Mr. Dunning resigned his post as Finance
teers who willingly risked their lives to fight Minister, and also his seat in the House. He was
for what they thought was their country were followed by Mr. Ralston, who after some corre-
left unprotected upon the field of battle by an spondence with the writer resigned after three
irresponsible government which does not repre- months. Mr. Isley was next, and after he found
sent Canada or its people. out that he was marketing bonds which had no
backing, he resigned. Mr. Abbot was next to
Prior to this war the Governor-General or-
resign. When it is generally assumed that the
dered an issue of $950,000,000 in Dominion of
position of Finance Minister is heir apparent to
Canada bonds at 3½ %. When the Minister of
the premiership, why did these officials re-
Finance introduced the Bill in the House he
signed? Because they did not wish to be held
was asked, “ ‘Would it be fair to say that the
responsible for an issue of securities which is
wealth and natural resources of Canada are
not backed by the wealth or natural resources of
back of these bonds?’ ‘No!’ Mr. Dunning said.
Canada. 55
‘No securities issued by the Dominion consti-
tute a mortgage upon any of the business as- If the Governor-general permitted Canadi-
sets of the Dominion’. ” 53 ans to vote as Canadians, it could be said that
the Canadian people are responsible  but the
Why did Mr. Dunning state this? Because it
Canadian people cannot be held responsible
was the truth. Prior to the enactment of the
when they are excluded from holding office
Statute of Westminster, the provinces had the
and from the exercise of the franchise.
lands on lease from the Crown in Chancery.
Nova Scotia paid three Indian arrowheads, Brit- If the provinces of Canada cannot be held
ish Columbia two percent of the gold and silver responsible for the national debt, who can be
mined; Manitoba, Alberta and Saskatchewan, held responsible? The British Government? We
two elk and two black beaver. This is termed an know that the right honourable members of the
emphyteutic lease, one drawn not for the pur- Imperial Privy Council are responsible to the
pose of revenue, but simply to show that the British government for their actions. Inversely,
provinces did not have complete title to the the British government should be held respon-
lands. After the Statute of Westminster, the
provinces paid no lease. 54
. The Commission for the National Capital is slowly
Everything within the boundaries of the mapping its territory and pulling the wool over the
province is the possession of the province (Sec- eyes of Quebec and Ontario to pinch land for its
tion 109 of the B.N.A. Act). Only the owner homestead. Ed.
55
can mortgage the property, and the provinces . In 1935, the Dominion Government offered a
permanent charter to the several bankers in Canada.
52 They opted instead for a ten-year charter. Why? The
. This should clear the grey spots in Mr. Tony Foster’s bankers knew that the government making the offer
book Meeting of the Generals (1986). And also the did not have enough land to staff a flag. And those
missing comments in Brian McGregor’s CBC TV having the land to mortgage and charter their
series La Bravoure et le Mépris (1994). “ Valor… ? ” institutions were still subdued by the fetish of the
Ed. B.N.A. Act. Ignorance is still being taught in our
53
. Hansard, February 16, 1939. schools in 1996. Ed.
sible for the actions of its employees. We also and a quarter, which they said was not a gift but
know that Great Britain emphatically dis- our contribution. Some years before, the Grand
avowed any liability or responsibility in the Trunk Pacific Railway was organised in Great
sinking of American shipping by the privateers. Britain to build a railway across Canada. Four
However, the record shows that eventually she hundred million dollars’ worth of promotion
paid the bill. stock was included, which would only be valu-
able when the company was upon a paying
The following letters were received from the basis and had declared dividends. As the com-
United Farmers of Canada. pany failed and the railway was taken over by
File No. 624  302, August 13, 1945 the government, this promotion stock was said
No department of the Government of the to be worthless. 56
United Kingdom is concerned in any way with In 1943, however, when Britain was short of
the appointment of the Governor-general of cash, someone found this stock in a pigeon-
Canada. hole. It was sent to Canada, and the “ right
Department of State for External Affairs,
honourables ” paid cash for them  four hun-
Ottawa, Ont.
dred million dollars. All during the war ration-
ing was strictly enforced. If the customer com-
plained about the half-pat of butter being
This document is also on record:
served, he was asked, “ Don’t you know there is
Department of Justice, File No. 3111 - 402, a war on? ”. Lard could not be purchased.
July 10, 1940 Sugar was also said to be in short supply, which
The answer is that His Excellency the Gov- was not true. In the winter of 1945, after the
ernor-general came to Canada, not in the capac- war, six ships were loaded in Montreal: fifty-
ity of Viceroy of His Majesty, except in the pound boxes of butter and fifty-pound boxes of
popular sense of the term. lard, which had been held in storage below
J. Stuart Edwards, zero, lined the holds. Crates of eggs filled the
Deputy-Minister of Justice. holds, The boxes of butter and lard provided
the refrigeration. As these ships waited for the
The question then is, if the governor-general
56
is not a viceroy and the government of the . The present editor has worked for 35 years with the
United Kingdom did not appoint him, who did? CNR and VIA Rail, as a train conductor. In the early
The answer is that he was appointed by the years he had the opportunity to manoeuvre out of
Kamsack, Sask. during the harvest season of 1958.
right honourable members of the Imperial Privy
The American Unions regulating the running trades of
Council in Canada in order to perpetuate them- the several railroads of North America are the United
selves in office. But the members of the Impe- Transportation Union and the Brotherhood of
rial Privy Council are a part of the executive Locomotive Engineers. Their regional officers are
government of the United Kingdom, and as paid by bank drafts from their respective Headquarters
in Cleveland, Ohio; drafts drawn on Canadian banks
such the government of the United Kingdom is in Canadian funds, made in USA. In 1975, two loco-
responsible for their actions. The public debt of engineers and himself consulted an attorney in
Canada [was] around fourteen billion, most of Quebec City, Mr. Louis Lebel, now an Hon. Judge of
which was incurred by a British war to which the Supreme Court, in order to take action so as to
own our Union instead of swearing allegiance to an
Canada was not a party, as Canada did not
American Trade Union. Though the attorney advised
declare war on Germany. us to stay as we were, I asked if it would be normal for
In the spring of 1940 the members of the a German railroader to belong to a French Trade
Union or an English Guild or an Italian Syndicate ?
Privy Council gave Britain a gift of one billion There came no answer nor any fees for the
dollars, and shortly afterward another billion consultation. Ed.
ice-breakers to clear the St. Lawrence to release Up until December 11, 1931, the provinces
them, the question was asked, where were they were colonies. They did not own their property;
going and for what purpose? The answer was to it was a possession of the Crown in Chancery.
feed the starving people of Europe. Where were After 1931 the provinces were no longer colo-
they consigned? All to Liverpool. nies and now own the property. And in this
case (1935) they did categorically refuse to
After their arrival in Britain, rationing was
permit the Dominion Government a power of
worse than during the war. Not an egg, not a
attorney to include their property and resources
pound of butter or lard reached anyone in Brit-
as a backing for Dominion (bonds) debentures.
ain or Europe. These materials, together with
raisins from Australia and flour from Canada, As the governor-general has excluded the
were whipped into cakes which were then Canadian citizen from the exercise of his vote
shipped all over the world where there was a as a Canadian, the citizen of Canada cannot be
market. They were sold in Canada, Hong Kong, held responsible for the national debt. If you are
Australia, the Argentine, and South Africa at a good, loyal British subject who has re-
ninety cents and a dollar a pound. affirmed his loyalty to the British Government
by the purchase of a Dominion bond, you could
Britain was in a difficult position. The facto-
find out if the British Government will appreci-
ries had been bombed. She had nothing to ex-
ate your loyalty to by reimbursing you for your
port. The pound had been dropped to $2.80.
These cakes filled the gap in the export trade loyalty. If it refuses  ask your banker. But
until the factories could be re-established. you say to me, “ You are upsetting the apple-
cart. ” Yes, that is true.
Canada was not paid anything for these car-
goes of supplies. The charitable sympathies of
the Canadian people were played upon and
used to bolster and stabilise the slipping pound
sterling. Disregarding any act of the British
Parliament or any act upon the statute books of
Canada, the almighty dollar rules the roost.
About half of the lands of Canada are held
by treaties with the Indian on which a yearly
rental or treaty money is paid. You cannot hold
the Indian or his lands as security for the Ca-
nadian national debt.
At the Inter-Provincial Conference held in
Ottawa in November 1935, it was suggested
that the provinces put their lands up as security
for the issuance of Dominion bonds. Premier
Hepburn of Ontario, Premier Aberhart of Al-
berta and Premier Dysart of New Brunswick
withdrew from the Conference. John McNair,
Attorney-General for New Brunswick, said
upon their withdrawal: “ New Brunswick
looks upon this scheme with a great deal of
suspicion. ”
Chapter 12

THE CONSTITUTION OF CANADA

T he Letters Patent granted by the Lord

High Chancellor of Great Britain to gover-
nors-general of Canada state that they are
esty King George the Fifth did constitute, order
and declare that there should be a Governor
General and Commander-in-Chief in and over
the constitution of the government. Canada, and that the person filling the office of
Governor General and Commander-in-Chief
The British North America Act constitutes
should be from time to time appointed by
nothing, [and think that all our judicial system
Commission under the Royal Sign Manual and
is erected there upon. Ed.] but simply provides
Signet:
a means whereby the governor-general may
provide auxiliary public bodies to “ aid and And whereas at St. James’ on the Twenty-
advise ” him in governing the colony. These third day of March, 1931, His late Majesty
Letters Patent were nullified by the enactment King George the Fifth did cause certain Instruc-
of the Statute of Westminster in 1931. tions under the Royal Sign Manual and Signet
to be given to the Governor General and Com-
As the British North America Act cannot be
mander-in-Chief:
implemented without a governor-general, the
bureaucrats in Ottawa, in order to perpetuate And whereas it is Our Will and pleasure to
themselves in office, decided to appoint a gov- revoke the Letters Patent and Instructions and
ernor-general and drafted letters patent granting to substitute other provisions in place thereof:
him the government of Canada. Following are Now therefore We do by these presents re-
the Letters Patent signed by the Prime Minister voke and determine the said Letters Patent, and
of Canada. everything therein contained, and all amend-
ments thereto, and the said Instructions, but
without prejudice to anything lawfully done
Letters Patent Constituting the Office of Gov-
thereunder:
ernor General of Canada
And We do declare Our Will and pleasure as
Effective October 1, 1947.
follows:
George R
I. We do hereby constitute, order and de-
CANADA clare that there shall be a Governor General
GEORGE THE SIXTH, by the Grace of God, and Commander-in-Chief in and over Can-
of Great Britain, Ireland and the British Domin- ada, and appointments to the Office of Gov-
ions beyond the Seas KING, Defender of the ernor and Commander-in-Chief in and over
Faith. Canada shall be made by Commission under
Our Great Seal of Canada.
(SEAL)
II. And We do hereby authorise and em-
To all to whom these Presents shall come, power Our Governor General, with the ad-
GREETING: vice of Our Privy Council for Canada or of
any members thereof or individually, as the
Whereas by certain Letters Patent under the case requires, to exercise all powers and au-
Great Seal bearing date at Westminster the thorities lawfully belonging to Us in respect
twenty-third day of March, 1931, His late Maj- of Canada, and for greater certainty but not
 so as to restrict the generality of the forego- severally, to be his Deputy or Deputies
ing to do and execute, in the manner afore- within any part or parts of Canada, and in
said, all things that may belong to his office that capacity to exercise, during the pleasure
and to the trust We have reposed in him ac- of Our Governor General, such of the pow-
cording to the several powers and authorities ers, authorities and functions of Our Gover-
granted or appointed him by virtue of the nor General as he may deem it necessary or
British North America Acts, 1867 to 1946, expedient to assign to such Deputy or Depu-
and the powers and authorities hereinafter ties, subject to any limitations or directions
conferred in these Letters Patent and in such from time to time expressed or given by Us:
Commission as may be issued to him under Now We do hereby authorise and empower
Our Great Seal of Canada and under such Our Governor General, subject to such limi-
laws are or may hereinafter be in force in tations and directions, to appoint any person
Canada. or persons, jointly or severally, to be his
Deputy or Deputies within any part or parts
III. And We do hereby authorise and em-
of Canada, and in that capacity to exercise,
power Our Governor General to keep and
during his pleasure, such of his powers,
use Our Great Seal of Canada for sealing all
functions and authorities as he may deem it
things whatsoever that may be passed under
necessary or expedient to assign him or
Our Great Seal of Canada.
them: Provided always that the appointment
IV. And We do further authorise and em- of such a Deputy or Deputies shall not affect
power Our Governor General to constitute the exercise of any such power, authority or
and appoint, in Our name and on Our behalf, function by Our Governor General in per-
all such Judges, Commissioners, Justices of son.
the Peace, and other necessary Officers (in-
VIII. And We do hereby declare Our pleasure
cluding diplomatic and consular officers)
to be that, in the event of the death, incapac-
and Ministers of Canada, as may be lawfully
ity, removal, or absence of Our Governor
constituted or appointed by Us.
General out of Canada, all and every the
V. And We do further authorise and empower powers and authorities herein granted to him
Our Governor General, so far as We law- shall, until Our further pleasure is signified
fully may, upon sufficient cause to him ap- therein, be vested in Our Chief Justice for
pearing, to remove from his office, or to the time being of Canada (hereinafter called
suspend from the exercise of the same, any Our Chief Justice) or, in the case of the
person exercising any office within Canada, death, incapacity, removal or absence out of
under or by virtue of any Commission or Canada of Our Chief Justice, then in the
Warrant granted, or which may be granted, Senior Judge for the time being of the Su-
by Us in Our name or under Our authority. preme Court of Canada, then residing in
VI. And We do further authorise and em- Canada and not being under incapacity; such
power Our Governor General to exercise all Chief Justice or Senior Judge of the Su-
powers lawfully belonging to Us in respect preme Court of Canada, while the said pow-
of summoning, proroguing or dissolving the ers and authorities are vested in him, to be
Parliament of Canada. known as Our Administrator.

VII. And whereas by the British North Amer- Provided always, that the said Senior Judge
ica Acts, 1867 to 1946, it is amongst other shall act in the administration of the Gov-
things enacted that it shall be lawful for Us, ernment only if and when Our Chief Justice
if We think fit, to authorise Our Governor shall not be present within Canada and ca-
General to appoint any persons, jointly or pable of administering the Government.
 Provided further that no such or authorities justice; which Oaths Our Chief Justice, or in
shall vest in such Chief Justice or other his absence, or in the event of his being oth-
judge of the Supreme Court of Canada, until erwise incapacitated, any Judge of the Su-
he shall have taken the Oaths appointed to preme Court of Canada shall, and he is
be taken by Our Governor General. hereby required to, tender and administer
unto him.
Provided further that whenever and so often
as Our Governor General shall be temporar- XI. And We do authorise and require Our
ily absent from Canada, with Our permis- Governor General from time to time, by
sion, for a period not exceeding one month, himself or by any other person to be
then and every such case Our Governor authorised by him in that behalf, to admin-
General may continue to exercise all and ister to all and to every person or persons,
every the powers vested in him as fully as if as he shall think fit, who shall hold any of-
he were residing within Canada, including fice or place of trust or profit in Canada,
the power to appoint a Deputy or Deputies that said Oath of Allegiance, together with
as provided in the Eighth Clause of these such other Oath or Oaths as may from time
Our Letters Patent. to time be prescribed by any Laws or Stat-
utes in that behalf made and provided.
IX. And We do hereby require and command
all Our Officers and Ministers, Civil and XII. And We do further authorise and em-
Military, and all the other inhabitants of power Our Governor General, as he shall
Canada, to be obedient, aiding and assisting see occasion, in Our name and on Our be-
unto Our Governor General, or, in the event half, when any crime or offence against the
of his death, incapacity or absence, to such laws of Canada has been committed for
person as may, from time to time, under the which the offender may be tried there-
provisions of these Our Letters Patent ad- under, to grant a pardon to any accom-
minister the Government of Canada. plice, in such crime or offence, who shall
give such information as shall lead to the
X. And We do hereby declare Our Pleasure
conviction of the principal offender, or any
to be that Our Governor General for the time
one of such offenders convicted of any
being shall with all due solemnity, cause
such crime or offence in any court, or be-
Our Commission under Our Great Seal of
fore any Judge, Justice, or Magistrate, ad-
Canada, appointing Our Governor General
ministering the laws of Canada, a pardon,
for the time being, to be read and published
either free or subject to lawful conditions,
in the presence of Our Chief Justice, or other
or any respite of the execution of the sen-
Judge of the Supreme Court of Canada, and
tence of any such offender, for such period
of members of Our Privy Council for Can-
as Our Governor General may seem fit,
ada, and that Our Governor General shall
and to remit any fines, penalties, or forfei-
take the Oath of Allegiance in the form fol-
tures which may become due and payable
lowing:  “ I, , do swear that I
to Us. And We do hereby direct and enjoin
will be faithful and bear true allegiance to
that Our Governor General shall not par-
His Majesty King George the Sixth, His
don or reprieve any such offender without
Heirs and successors, according to law. So
first receiving in capital cases the advice of
Help me God ”; and likewise he shall take
Our Privy Council for Canada and, in other
the usual Oath for the due execution of the
cases, the advice of one, at least, of his
Office of Our Governor General and Com-
Ministers.
mander-in-Chief in and over Canada, and
for the due and impartial administration of XIII. And We do further authorise and em-
power Our Governor General to issue Ex-
 equaturs, in Our name and in Our behalf, were he to be granted the unlimited power in-
to Consular Officers of foreign countries to cluded in its following sections. This document
whom Commissions of Appointment have is simply a rehash of the Constitution of Can-
been issued by the Heads of States of such ada which was granted to Governor James
countries. Murray in 1763 and which can be found in
Sessional Papers 18 in the Dominion Ar-
XIV. And whereas great prejudice may happen
chives.
to Our Service and to the security of Can-
ada by the absence of Our Governor Gen- However, you need not be a member of the
eral, he shall not quit Canada without hav- Bar Association of Canada to know that the
ing first obtained leave from Us for so do- members of such Commission, whoever they
ing through the Prime Minister of Canada. were, had no power to grant such a document.
Who drafted this document, which demotes
XV. And We do hereby reserve to Ourselves,
Canada to the position of a colony which was
Our heirs and successors, full power and
her status in 1763, and who were the members
authority from time to time to revoke, al-
of this so-called Commission is explained in
ter, or amend these Our Letters Patent as to
the following paragraphs of this Chapter.
Us or them shall seem meet.
The signing of a document such as
XVI. And We do further direct and enjoin that
this is not within the orbit or function of the
these Our Letters Patent shall be read and
Prime Minister of Great Britain, nor was it ever
proclaimed at such place or places within
within the orbit of function of the Secretary of
Canada as Our Governor General shall
State for the Colonies, nor within the orbit or
think fit.
function of the King or Queen. The granting of
XVII. And We do further declare that these letters patent was, and is, the prerogative of the
Our Letters Patent shall take effect on the Lord High Chancellor of Great Britain. The
first day of October, 1947. latest Letters Patent issued by his office are
IN WITNESS WHEREOF We dated March 23, 1931, eight months prior to the
have caused these Our Letters to be made Pat- enactment of the Statute of Westminster, De-
ent, and for the greater testimony and validity cember 11, 1931, and are signed by Sir Claude
thereof, We have caused Our Great Seal of Schuster, Clerk of the Crown in Chancery.
Canada to be affixed to these presents, which Let me not omit to explain that these Letters
We have signed with Our Royal Hand. Patent constitute the office of the governor-
general as the government of the colony. Next
GIVEN the Eighth day of Sep-
it is the function of the Secretary of the Colo-
tember in the Year of Our Lord One Thousand
nies to designate and appoint a governor-
Nine Hundred and Forty-Seven and in the
general to exercise the powers contained in the
Eleventh Year of Our Reign.
Letters Patent. The governor designate is now
BY HIS MAJESTY’S COMMAND, introduced to His or Her Majesty at the Court
of St. James where, after he has produced his
W. L. MACKENZIE KING,
credentials as a governor, His or Her Majesty
Prime Minister of Canada.
hands him his Instructions, which are to govern
his conduct as to the opening and closing of a
This document, which purports to grant to legislature, assent to acts, and so forth, but he is
the governor-general a complete dictatorship of not a viceroy.
Canada, was drafted in Ottawa by a Commis- The United Kingdom is a limited monar-
sion, as it states in Section I of these so-called
chy. The King can act only upon the advice of
“ Letters Patent. ” Any dictator would be elated
one of his principal ministers. It is held that In March 1947 I was accompanied to Ot-
“ the King can do no wrong ” is an immunity tawa by a noted American journalist who de-
by way of compensation for the absence of sired to meet a number of officials there with
despotic power. The King does not command. whom I was acquainted. After introductions to
The minister who advises him is the one re- Maurice Ollivier, Clerk of the House of Com-
sponsible for his actions. mons, I asked: “ What are you going to do
To state that these Letters Patent were is- about Earl Alexander ? ”
sued by the King’s command is an intentional “ You will be surprised to know that this
misrepresentation of fact. The granting of these Department, in conjunction with the Depart-
Letters Patent is not within the competency of ment of External Affairs, is redrafting his pa-
the Parliament of Canada; therefore, it is not pers right now, ” he replied. Descending one
within the competency of any commission of floor to the press gallery, my friend the journal-
Parliament. Is it not a crime comparable to ist immediately phoned the Department of Ex-
treason to attempt to keep Canada in a colonial ternal Affairs and said, after he had explained
status, after the enactment of the Statute of who he was: “ I understand that your Depart-
Westminster ? ment, in conjunction with the Department of
We can have this question unanswered Law of the House, is redrafting the papers for
until the judges of a Canadian court have the the Earl Alexander in relation to his appoint-
culprits of this unnamed Commission before ment as governor-general. ”
the bars of justice. The answer he received was, “ This is the
Why was this done ? When it was mooted first we have heard about that. ”
in September 1946 that the Earl of Athlone and
Maurice Ollivier resented my needling of
Princess Alice were leaving Canada to return to
him on this question  so he drafted this spu-
London, and that the Earl of Athlone would be
rious Letters Patent which were signed by W.L.
succeeded by Sir Harold Alexander as gover-
Mackenzie King, Prime Minister of Canada.
nor-general of Canada, I wrote Sir Harold a
This was done without bringing the matter to
lengthy letter encased in a large manila enve-
the notice of the House of Parliament and with-
lope with a return-receipt card attached. This
out the knowledge of the premiers or legisla-
card was returned to me with the signature of
tures of the provinces. 57
Sir Harold Alexander’s aide-de-camp. In this
letter I explained to him that as he was not ac- The only thing that the present incumbent
credited by the Secretary of State for the Colo- can do when this exposure is published and he
nies, and that the Letters Patent issued by the finds that he is holding office under unconsti-
Crown in Chancery were no longer in effect
since the enactment of the Statute of Westmin- 57
ster and that he was not invited by the Canadian . Cf. The Seals Act, Ch. 247, Sec. 4(h): the
authentication and proof of royal instruments and
people, I advised him to stay home. He did. documents under the sign-manual, including the
As the provisions of the British North Amer- conditions under which certification by an official, or
publication by the Queen’s Printer, constitutes
ica Act cannot be implemented without a gov- authentication and proof. 1939, c. 22, s. 4. Dr.
ernor-general since the position of the House of Maurice Ollivier comments: It may be observed that,
Commons and Senate is only to “ aid and ad- under the existing law, these matters are a part of the
vise ” him, the Earl of Athlone and Princess Royal Prerogative and can, for the most part, be dealt
Alice returned to Canada to await a solution of with without statutory authority… Further, the
second subsection imposes the statutory obligation
the credentials of the now Earl Alexander of of publication in the Canada Gazette. ( A valid law in
Tunis. Canada, needs only a Printer and lawyers will make it
float. Land ownership has no incidence. Ed.)
tutional and grossly illegal Letters Patent is to All these years Canadians have been living
resign from the office of governor-general. a union against nature, their deception comes
King Charles lost his head for attempting to not from the two founding nations, but rather
govern England without the consent of a Par- from the fantastic brain drain practised upon
liament elected by the people. our most valuable resources, the educated
youths, and their natural ambitions. Ed.]
Each and every British citizen owns a share
in the possessions of the United Kingdom. The Each province can then elect or appoint
British citizen in voting grants his power-of- delegates to a constitutional convention. Drafts
attorney to Parliament, which created the of the constitution adopted by the delegates
Crown in Chancery to administer the affairs convened can be published and debated by the
and exercise authority over these possessions. legislatures of the provinces and a final draft
ratified.
The King, having no vote but having, never-
theless, an interest in the lands, grants to the The constitution once adopted should leave
Crown in Chancery his right to sign. This is none with a grievance and should provide for
known by the designation of the King’s Sign the purchase of a federal district to be ceded by
Manual; but the right to grant Patents is solely the provinces. Then election can be held for
within the orbit and function of the Lord High members of both houses which will then be the
Chancellor. government of the Federated States of Canada.
The obvious action to take to cope with the If the Premiers of the Provinces take no such
present dilemma is to call a conference of the action as suggested, you could  do it yourself.
premiers of the provinces where a tentative
agreement can be signed. [ Since this book was
removed from circulation in 1972, many unfor-
tunate attempts on an agreement have been,
and are still being made in 1996, by Canadians
of all hue. Those repeated failures to come to
an understanding stem from the fact that nego-
tiators start from false premises, though im-
bued with sincerity. The first and foremost
thing to try is to gather the mandated delegates
from the several provinces and territories and
make the final trip to Whitehall in order to re-
cuperate what was granted to His Britannick
Majesty in the Treaty of Paris of 1763, Section
4: The transfer of titles, pretensions, posses-
sions and sovereignty over Canada, at the time;
now being the prerogative of the provinces
since 1931. And recovering such prerogatives,
will not affect the accurate prophecy of Lord
Campbell: It would scarcely be possible to
break the artificial unity we now propose to
organize.
 The Gazette, March 14, 1960
OTTAWA
Day By Day, by Arthur Blakely
LIFE AMONG THE ONE-EYED :

During his lifetime, William Lyon sies for which King cherished such affection.
Mackenzie King was surrounded by a larger No opportunity was neglected by his lieuten-
band of eager sycophants than had ever before ants and supporters to assess publicly and in his
danced attendance on a Prime Minster of Can- presence the vast importance of the man and
ada. and that covers a lot of ground. Mac- his works in relation to the times.
donald, Laurier, Borden and other Prime Minis- Right up to the very last day that he re-
ters encountered plenty of hustling yes-men in mained Prime Minister of Canada, King may
their time. But they were protected to a consid- well have been under the impression that he
erable extent by the genuinely warm personal was the beloved leader of a happy and dedi-
friendships which they formed with their lieu- cated band of brothers. If King did, in fact,
tenants and supporters. cherish any such illusions, they were rudely
King’s cold aloofness seems to have en- shattered during the session which he spent in
couraged the growth of a record crop of subor- the Commons as a retired Prime Minister with
dinates who felt that their only chance to get his the official rank of M.P. He was pained to find
ear and improve their own prospects was to that the flatterers and well-wishers of yesterday
exhibit a willingness at all times to whisper to passed him by without a second glance. His
him the things which they knew or suspected visitors were few. And King’s last session of
that he was eager to hear. And anything in the Parliament was a lonely one indeed. It was
nature of public criticism was carefully and during this period that the first open personal
adroitly avoided by those who, whether by ac- attack was made on King by one of his party
cident or design, came close enough to King to colleagues. And it hurt. But the curious charac-
know something of the man. ter-wrecking job didn’t begin in earnest until
Mutterings of displeasure, discontent or hos- after King’s death.
tility aimed at King were released only on a Ever since it occurred, people who had any
highly confidential basis, with the identity of occasion whatever (together with a few who
the mutterer a tightly-guarded secret. Such mut- had none) to observe King and his career at
terings were fairly numerous, especially to- close hand, have been rushing into print or to
wards the end of King’s career. But in the form the television studios to say what a peculiar and
in which they emerged, they were never con- rather disagreeable old man this was who pre-
vincing even, probably, to Mr. King himself. sided over the destiny of Canada for so long.
The ties of personal friendship offered King Some of the criticism has been supplied by
no shelter whatever for, on Parliament Hill at individuals who were open critics of King, for
least, he had few if any personal relationships one reason or another, during his lifetime. But
which could be so described. the most avid critics, curiously enough, have
Right up to the end, scrupulous care was ob- been drawn from the ranks of King’s former
served in the observance of the anniversaries supporters and associates. The former Prime
large and small and all of the other little courte- Minister has been portrayed as a disagreeable,
parsimonious, unscrupulous, lacking in judge-
ment, distant, given to racial prejudice, lacking sirable qualities, it is something of a mystery
in perception, thoughtless, grudging, ruthless, that his leadership of his party was tolerated for
hard, cold, calculating, hypocritical, supersti- so long by those in responsible positions who
tious, selfish, grasping, vain, arrogant and all were in an excellent position to know these
the while, as one writer has noted, “ leading a things. It is equally difficult to understand why
private life that was hardly at all removed from his posthumous critics remained silent during
lunacy. ” his lifetime when he was in position to deal
If the man who was Prime Minister of Can- with the criticisms and, for that matter, with the
ada for a longer period than any other in Cana- critics.
dian history really possessed all of these unde-

SOVEREIGNTY

T he ownership of land is the yardstick by

which sovereignty is measured. The Gyp-
sies of Europe have no sovereignty as they
issue postage stamps or passports.
The author has carried a passport issued by
the Saskatchewan Indian Assembly for the past
own no land. The Jews were in a similar posi-
seventeen years which is honoured and
tion until they pre-empted land in Palestine.
stamped by the nations which were visited by
The first act of the Jews as a nation was to
him.
adopt a National Flag. Prior to this they had no
land upon which they could erect a flagpole. Can it be held that the Provinces of Canada
occupy an inferior position? The power to issue
In the Statute of Westminster, Newfound-
passports is exclusively the right of people who
land is granted an equal status with the Com-
own their land. The twenty-two reserves of
monwealth of Australia, the Union of South
Saskatchewan were reserved by the Cree Na-
Africa, the Irish Free State and New Zealand.
tions themselves. They have this right, which is
Does this mean that Newfoundland has a supe-
honoured by all nations.
rior position to the other Provinces of Canada?
Not so. Section 7, Par. 2 of the Statute confers By way of emphasis  the definition of
upon the Provinces of Canada the same status Sovereignty as given by James Cacroft in the
as Newfoundland. Encyclopedia of American and British Law is
herein reiterated.
All lands, minerals and royalties within the
boundaries of the Province are the possession “ The right to exercise the power of Emi-
of the Province in which the same are situate or nent Domain is inherent in sovereignty, neces-
arise. sary to it and inseparable from it. From the very
The “ Crown in Chancery ” has relinquished nature of society and organised government,
its interest in elevating the Provinces from the this right must belong to the State.
colonial status. As the Provinces of Canada “ It is a part of the Sovereign power of any
have not relinquished any of their powers to a nation. It exists independent of constitutional
central government, each Province today is a
sovereign state [potentially]. Each may, by ex- competency of that colonial Government. They settled
ercising its authority, charter its own banks, 58 instead for a ten-year arrangement, hoping the
Provinces would come out of their unconsciousness
eventually. Cf: In between the lines of A.B.
58
. The Canadian bankers declined the perpetual charter Jameison’s "Chartered Banking in Canada." How else
offered by the Dominion Government in 1935, simply could you account for such temporary authorization.
because such offer was not then within the Ed.)
recognition and it existed prior to constitutions.
It lies dormant in the State until legislative ac-
tion is had pointing out the occasion the modes
and the agencies for its exercise. ”

Disregarding the passing years since the en-

actment of the Statute of Westminster, Decem-
ber 11, 1931, the Provinces have lost nothing of
their sovereignty. No legislation is had granting
any of their power to a central government.
[But the central legislators are exerting all
their might to retain the status quo. Ed.]
Could each Province by mutual agreement
enact legislation permitting only Canadians the
right to exercise the franchise? They could.
Could Ottawa object ? No! Of course not. This
would be only an exercise of the Sovereignty of
the Province. [Not until and before the terms of
the 4th Section of the Treaty of Paris, 1763, are
recovered, provincial legislation would only be
an exercise in sincerity, not sovereignty. After
their Declaration of Independence, the Ameri-
can colonials were invited at Whitehall in
1782, to clear the deeds of the old charters to
permit the ratification of the Treaty of Ver-
sailles of 1783. Ed.]
The Provinces need no amendments to any
enactments of the government of the United
Kingdom or of British subjects. All they need is
an amendment to their attitude and the exercise
of their inherent sovereignty. Canadians could
then have a Canadian government adopt a con-
stitution, a national anthem, and a Canadian
national flag which would not be imposed upon
them by [sincere] British subjects. Canada
would then be a nation, not merely a geo-
graphical expression.
Chapter 13

DO IT YOURSELF − [1965]

Y ou need a new constitution? You want a

national flag and a national anthem? You
need a bill of rights? You want Canada to
own judgement ? ”
“ Sure! ” you say, because he knows more
about this than you do. After you and Bill help
be able to hold up her head as a nation? That’s to print the slips, wipe your hands on the towel
easy. and hand it to Bill. Tell him to hand it to his
Just slip on a suit of coveralls and take a friend, the printer, after he is finished with it.
towel, and then go over and visit your friend When the printer wipes his hands, leave the
who has a do-it-yourself outfit. When you ar- towel there. Your wife would never get it clean
rive at the door, his wife will tell you, “ Bill’s again  that’s for sure. Finish the beer; and
in the basement. ” You won’t need to butter before you go over to the polling station you
him up much. Just ask him if he could make a will need to shave and to smooth down what
ballot-box, a duplicate of the one used in the little hair you have left. After shaving, you
polling station. naturally reach for the guest towel.
“ Sure! ” he will say. “ We can make it right “ JUST A MINUTE, honey. The kids
now. I’m only fooling with the dog. Get that musta taken the towel I left here. I’ll scalp
old fender from back of the bench. ” those kids of yours if I ever catch them doing
that again. ” Before you can get the guest towel
Now, don’t stand there like a dummy. Help back on the rack, she’ll hand you another. Turn
Bill straighten out that fender. As Bill is doing your back while you wipe your face so that she
most of the work, don’t say much; just keep cannot see your smile, and as she pats the wrin-
working. When he has finished with the ballot- kles out of the guest towel quote her this little
box, wipe the sweat from your brow and the ditty:
back of your neck with the towel and then hand
it to Bill. He needs it more than you did as he Oh! the sadness of her sadness when she’s sad
has been doing most of the work. And the gladness of her gladness when she’s glad,
Now borrow a paint brush, and as you are But the sadness of her sadness and the gladness of her
lettering the box For Canadians Only, tell Bill gladness
(who is wiping his face and the back of his Are nothing to her madness when she’s mad.
neck) that you would like to have some slips
“ What’s that? Say that again. ”
printed for the high-school kids to hand out to
voters on election day. Bill will say, “ Sure! You repeat it. Then she laughs.
Just the thing! I know a bird who has a printing Now you know she’ll not put you in the
press. Let’s go over to his place. ” dog-house even if later the printer’s wife, with
Now, take the towel and a half-dozen beers. her nose in the air, should tell her she thinks
When you get near, you will hear thumpty- “ It’s kinda funny that I found a towel with your
thump. You know he is in the basement. After initials on it over in my husband’s things in our
introductions, open three bottles of beer. Wait, basement. ”
now, until he burps. Then he will ask you, All you need now is a clean shirt and a tie
“ About those slips. Do you want me to use my before you take the ballot-box over to the poll-
ing station. bonds.
But won’t this be against the law ? As the government in Ottawa has no de-
partment of lands and owns no land, and the
WHAT LAW ? — YOU ARE THE LAW. provinces which own all the resources have not
There is no official, candidate or party who granted the Dominion any authority to mort-
would dare to risk their political neck by ven- gage their property, you can explain to them
turing to object to you casting your ballot at the that the Canadian people are not responsible for
polls as a Canadian. the national debt unless the Canadian people
They may smile on you and say, “ You vote as Canadians. This is an internal or domes-
really don’t need that box, you know, old chap. tic affair and, comparing Canada with other
See, you can drop your ballot in this box we parts of what is termed the Commonwealth, we
have provided which has a hole in the top, find that Australia can correctly be said to be a
making it perfectly secret, with a lock on it and Commonwealth, as all the resources of Austra-
everything. ” lia are back of the bonds issued by Australia.
The same may be said of South Africa, New
No, thanks! That ballot-box is for British Zealand and Britain itself.
subjects only. That’s what the elections Act
says. It will doubtless be conceded that national
bonds should be as Caesar’s wife  Caveat
With this one, For Canadians Only, we ex- emptor. [Premier Bouchard, of Quebec, should
ercise our incontestable right to vote as nation- look no further to fix the provincial deficit,
als of the country we call our own. Even in unless his wife...she is American. Ed.] It will further
Russia or China, although they are restricted to be admitted that investment funds are more
voting for one party, they vote as Russians in timid than a virgin. Of paramount importance is
Russia or Chinese in China. the question of security. Therefore, it is impera-
With this box, which is the receptacle of the tive that some measure be taken to rectify a
symbol of our sovereignty, we can elect the situation which has become intolerable. The
legislatures and governors of the provinces. We procedure heretofore has been that a bill to
can elect a senate and a house of commons and issue bonds to raise funds is introduced into the
a governor-general. When we open this Pan- House of Commons by a right honourable
dora’s box we will find a new constitution, a who is responsible to the British Government
national flag and an anthem, a bill of rights for his action; and, inversely, as he is a member
and the sceptre of our national sovereignty. of the Imperial Privy council, Great Britain is
This is our shrine which shall be held secure in responsible for his actions. The bill is voted
the custody of the Citizens’ Committee, who into law which is voted upon by the House of
will count the ballots and tabulate the results Commons and a Senate composed entirely of
and retain it in their custody where it shall be- British subjects.
come more brilliant as it is burnished by the A bond is a mortgage on the assets, usually
sands of time. property, of the company or nation which is-
If you held stocks in General Motors and sues the bond. It is admitted by the government
you and others of General Motors should go that there are no business assets back of these
over to the Ford Company and vote an issue of so-called bonds.
bonds, the Ford Company would not be respon-
Before resigning, Mr. Dunning, the Minister
sible; but if this were done with the knowledge
of Finance said, No Securities issued by this
of General Motors, then it would be General
Dominion constitute a mortgage upon any of
Motors that would be responsible as well as the
shareholders of General Motors who voted the
the assets of the Dominion. 59 custody of the elected members of this Com-
To call these securities bonds is manifestly mittee and let the emblem of the non-partisan
an inflated designation and amounts to an in- Committee be a gold-plated ballot-box lettered
tentional misrepresentation of fact. Are they with the words, For Canadians Only. Period.
debentures ? Not exactly.
They could be called debentures if they were
voted into existence by the people who are
taxed to pay the interest on them and who are
pledged to retire them when due. But as the
Canadian people have not been requested to
assent to the issuance of these securities, they
cannot be held responsible. You could sug-
gest that if there is a domestic or internal affair,
it is the Consolidated Revenue Fund. As the
provinces in 1935 refused the Dominion the
right to mortgage the resources of Canada, and
as Canadians themselves have not voted any
issue of bonds, the British subjects and Great
Britain are responsible for Canada’s fourteen
billion dollar national debt.
The Balfour Declaration of 1926 states:
“ They are autonomous communities within the
British Empire, equal in status, in no way sub-
ordinate one to another in any respect in their
domestic or internal affairs though united by a
common allegiance to the Crown and freely
associated as members of the British Com-
monwealth. ”
If Canada is not subordinate to any other
community, then there is no logical reason why
Canadians should not vote as Canadians. Great
Britain will see to it that in the future no British
subject shall be permitted to vote in Canada if
she conceives that an impartial board of arbitra-
tion would hold Great Britain responsible for
Canada’s public debt.
Why debate a bill of rights when the greatest
right you have is denied you, the right to vote as
Canadians? Let the non-partisan Committee see
to it that at each municipal, provincial and na-
tional election a ballot-box is provided with
scrutineers at each polling station. Let these
ballot-boxes be held secure and inviolate in the

59
. Hansard, Feb. 16. 1939
 AUTHOR’S EPILOGUE

This is fundamental: BRITISH SUBJECTS CANNOT FORM A GOVERNMENT SEPARATE

FROM THAT OF GREAT BRITAIN.
This is the height of logic. There is no alternative.
Canadians only can form a Government of Canada of Canadians by Canadians for Canadians.

EDITOR’S EPILOGUE

On the 25th of April 1970, during a tele- [Richard Nixon called Trudeau: the pip-
phone conversation with now deceased Mr. squeak from Ottawa, and Tricky Dicky surely
Frédéric St. Pierre, QC; this lawyer related he knew how to spot a statesman from a double-
had taken part in a contest opened by the Ca- dealer lawyer.]
nadian Justice Department for a position as The international Tribunal at The Hague
Deputy Minister. As he had classed himself has rendered a decision in 1994 about ocean
rather well, he was called in for an interview. fishing, stating that the Law of the Sea was
The interviewer asked the question that put an addressed to and for Sovereign States. The
end to the interview: Are you a Mason, and if public display of the Spanish fishermen's nets
not, do you desire to be initiated ? offered by Brian Tobin to the population of
Mr. St-Pierre replied it was against his reli- New York and the world media, has probably
gious convictions to adhere to Freemasonry. prompted a recommendation, off the record,
Well, I will put on the report that you decline to a former deputy minister named Clyde
the position, was the answer given by the in- Wells, for a certain Captain Canada.
terviewer from Ottawa to Mr. St-Pierre. There used to be a Lodge of the Order in
Ministers in government come and go, but Ottawa called the Civil Service. Its members
deputy ministers enjoy a steadier residence. probably ensure this artificial country remains
They seem to be the ones who hyphenate be- together for the greater benefit of their federal
tween continuity and servitude Canadians brothers in the republic to the south.
dwell in, election after election. This servitude Is the sovereign democratic consciousness
Canadians have towards American institu- of the Canadian people half-alert to the ways
tions. This situation is quite general the world and means of this respectable Brotherhood ?
over, but it seems more refined in the case of Or are we lured into the polling booth, to vote
the Canadian Government and its Civil Ser- with all the sincerity of our ignorance, for
vice. It is probably through this Masonic me- candidates who do not know for sure whether
dium that Brian Tobin was instructed to step we live in a limited Monarchy, an artificial
away from his Ottawa ministry to Newfound- Union of colonies or a Reserve.
land's premiership; displacing a former deputy It is possible the only edition of the book
minister, after having disturbed enough Span- “ HO, CANADA! ” served to guide the legislators
ish fishermen on the Atlantic. in Ottawa, from 1965 on, in their attempt to
R. Rogers Smith wrote in one of his former cover up most irregularities noted by the author
publications "that no sovereign nation tells since 1931. I apprehend the second edition will
another nation how to conduct its business." serve again as a suggestion box to some initi-
Sovereign statesmen have a way to speak to ated bureaucrats so they may postpone the po-
Colonials who think themselves sovereign. litical maturity of Canadian provincials.
 In 1936, the Province of Alberta issued it’s The TV media are casting on the screen all
own “ Prosperity Certificates ” to be used as kinds of people saying all kinds of sincerities
currency by its citizens. The Dominion Gov- about political referendums. Not being a fan of
ernment retorted by an ultra vires to the pro- Mr. Bouchard or Mr. Chrétien nor of Mr. Klein,
vincial legislature of Alberta. Premier Aberhart, could someone suggest the separation of Que-
although informed at a conference given by bec, or B.C. from the rest of Canada, be sub-
R.R. Smith at the Macdonald Hotel in Edmon- mitted to the same percentage of a popular vote
ton, of the capacity of his government to adopt as the percentage that was expressed at the time
such a measure, Premier Aberhart preferred of Union in 1867 ? Nova Scotia did cast 30,000
going to Ottawa to clear the matter. male votes against the artificial union of 1867,
just how many voted in favour ?
The ultra vires Alberta received was not
even worth the paper it was printed on. Premier Would 25 million federal sympathisers
Aberhart should have contacted Premier Hep- make Canada a federation? No! Sovereign
burn of Ontario and asked him how he under- states are required in the making of a federation
stood the Statute of Westminster, and by what or confederation.
means the Dominion Government, renting on
In Canada, no need to own land to stand on
Ontario territory, could prevent other land
so as to legislate validly. A law to be valid
owners from legislating as they saw fit. Upon
needs only to be printed. That is why the Cana-
the departure of premier Aberhart, Albertans
dian Government prints at the end of its stat-
enjoyed the premiership of a staid politician,
utes: “ Queen’s Printer in Ottawa ”. The Great
later an Honourable Banker, who castrated
Seal of Canada affixed at the signing by the
their collective efforts to free themselves of the
[still impostor?] governor-general does not
sincere borrowing habit all governments have.
require more, Canadians neither.
The following year, 1937, the Imperial Privy
John the Apostle wrote: "Ye shall know the
Council, stated in one of its final decision con-
truth, and the truth shall make you free."
cerning Canadians, …the Dominion cannot,
merely by making promises to foreign coun- After reading HO, CANADA! ye shall know
tries, clothe itself with a legislative authority what political cuckoldom can be, and it will
inconsistent with the constitution which gave it not make you free, but as Smith says, "Caveat
birth. [Appeal Cases, 1937, p. 352, about The Emptor", for the sellers of Canada are two-
Weekly Rest in Undertakings Act ]. faced or sincerely ignorant like its population.

Jean-Paul RHÉAUME
[email protected]
 THE TREATY OF PARIS

February 10th, 1763

By the Peace Treaty which was of St. Lawrence, and in general, eve-
signed at the conclusion of the Seven rything that depends on the said coun-
tries, lands islands and coasts, with
Years’ War the French possessions of
the sovereignty, property, possession
North America were formally ceded to and all rights acquired by treaty or
Great Britain. The Treaty which was otherwise, which the Most Christian
concluded between His Britannic Maj- King and the Crown of France have
esty, the King of France and the King had till now over the said countries,
of Spain confirmed in Article 4 the lib- lands, islands, places, coasts and their
inhabitants... His Britannick Majesty
erty of the Catholic religion and the on his side, agrees to grant the liberty
rights of the inhabitants as to their of the Catholick religion to the inhabi-
property. tants of Canada : he will in conse-
quence give the most precise and
most effectual orders that his new

“4
His Most Christian Majesty
renounces all pretensions Roman Catholick subjects may pro-
which he has heretofore fess the worship of their religion ac-
formed or might have formed cording to the rites of the Romish
to Nova Scotia or Acadie in all its Church, as far as the laws of Great
parts and guaranties the whole to it, Britain permit. His Britannick Maj-
and with all its dependencies, to the esty farther agrees, that the French in-
King of Great Britain : Moreover, His habitants or other who had been sub-
Most Christian Majesty cedes and jects of the Most Christian King in
guaranties to his said Britannick Maj- Canada, may retire with all safety and
esty, in full right, Canada, with all its Freedom whenever they shall think
dependencies, as well as the Island of proper, and may sell their estates, pro-
Cape Breton and all the other islands vided it be to the subjects of his Bri-
and coasts in the gulph and river tannick Majesty, and bring away their
effects as well as their persons with-
out being restrained in their emigra-
tion, under any pretence whatsoever,
except that of debts or of criminal
prosecutions. The ... ”
Québec, le 27 décembre, 1996
Mr. Chief Justice Antonio LAMER,
Supreme Court of Canada,

Attorney Guy Bertrand and… the declaration of independence of Quebec

Transfer by the Governor in Council pertaining to questions dealing with the secession of Quebec from the rest of Canada formulated in the order
P.C. 1997-1497 dated September 30 1996 ( file 25506 )

Your Lordship,
You will have to serve a decision concerning the appeal of Me Guy Bertrand on how he imagines the Canadian
Confederation, and the manner in which Quebec intends to pull out of it. Were I on your bench, my first question would
be: when was Quebec of age to contract marriage with Ontario, or Nova Scotia or… and if so, I would look at the contract.
The document I am offering you was conceived by a Canadian, now dead, but in whom the late T.W. Jackson,
former secretary to Sir John A. Macdonald, confided the unrelated stories of the Conferences of Charlottetown, Quebec
and Westminster Palace Hotel, 1862-1864-1866. (Cf. Inside Canada, p. 7, by R.R. Smith). You could also refer to the
speeches made by Walter F. Kuhl, dated February 10, March 9, and April 8 in the House of Commons. Mr. Kuhl has asked
me three times in 1979 when had I met Smith, because on his part, he had fed him for three years while he was doing
research on the politically unbelievable history of Canada.
Me Bertrand has a copy of Smith’s book. Has he read it ? Me (Claude) André Joli-Cœur also has a copy ; Me
Jean Asselin, attorney to Cpl. Michel Purnelle (Somalia) also has one. This soldier Purnelle will soon be court martialled
(end of January). All these lawyers have not reacted so far. The only citizens who have deemed question the publisher live
on Reserves.
I have not offered the book to Me Bertrand’s friend (he now has it) André Arthur, although Me Guy is attorney
for this Québec radio morning man. This radio man collects insults and decisions of the CRTC, he needs a good lawyer,
BUT HE IS NOT A SILENT BITCH. He has during at least ten years called the government in Ottawa, the Canadian
Government ; he seemed convinced that government was not federal.
Litigants and radio or TV jockeys are yappers aiming at listeners who pay attention but are not necessarily in-
formed minds. On the other hand, Ho, Canada! is not a satire ; although my notes reveal some cynicism your Lordship.
Certain lawyers in the field of copyrights seem interested,
Jean-Paul RHÉAUME

Ottawa, January 22, 1997

Received your letter dated December 27 addressed to the Chief Justice of Canada, the Right Honourable Antonio Lamer in the
case of a Transfer by the Governor in Council pertaining to questions dealing with the secession of Quebec from the rest of Canada formulated in the
order P.C. 1996-1497 dated September 30 1996 (file 25506).
I want you to know that the Chief Justice, like the other judges of the Court cannot consider oral or written comments on a
matter submitted to the Court, but only from the concerned intervening parties, and nobody else.
On that account, I am returning your document and accept the expression of my best regards.
Anneliese Villeneuve, Directrice des services intégrés
Here you have how a faithful subordinate clerical lawyer castrates a Supreme Bench and confirms same into " impéritie ". From
there on, historians, media, teachers will abide to official jurisprudence of sincerity. Cf. INSIDE CANADA p. 45 re. The passing
of the Second Reform Bill of 1832, where a permanent civil servant was paid £ 1200 annually to obliterate historical truth.

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 INDEX

$1,200 fine ...............................................................71 Charles I, king..........................................2, 22, 23, 25

£ 1,200 .....................................................................96 Chenier, Dr...............................................................28
£ 2,000 .................................................................2, 18 Chicago Tribune........................................................2
Abbott, Mr................................................................35 Chrétien, Jean ............................................................3
Aberhart, Premier Wm....................................8, 79, 93 City of Ottawa, rent ..................................................66
Acts of the Interregnum ............................................24 City of Quebec....................................................16, 54
Alabama.................................................36, 39, 45, 46 Civil Service ............................................................92
Alaska ..................................................................5, 40 Clarendon, Earl of ....................................................45
Alberta ......................................... iii, 8, 77, 79, 92, 93 Cobden, Mr. .............................................................40
Alexander VI, Pope .................................................22 Colborne, Gen. .............................................28, 29, 31
Alexander, Sir Harold................................2, 3, 50, 84 Coleman, Mr. .................................................9, 62, 63
Alexander, Sir William ............................................16 Colonial Office .............................2, 15, 28, 30, 50, 73
Annual scholarships....................................................3 Confederate States of America..................................36
Appeal Cases, 1937 ............................................63, 93 Confederates...............................................................2
Arnold, Benedict ......................................................52 Consolidated Revenue Fund .........................62, 75, 90
Arthur, André...........................................................96 Contract or treaty .....................................................32
artificial unity ...................................11, 34, 49, 85, 93 Corporation Sole..............................3, 2, 3, 22, 73, 75
Asselin, Jean ............................................................96 Crees ......................................................64, 66, 67, 87
Athlone, Earl of ............................................67, 70, 84 Crimean War ........................................................5, 38
Bankers Association .............................................3, 70 Cromwell, Oliver ..........................................22, 23, 25
Beauchesne, Dr..............................3, 9, 10, 32, 33, 63 Cromwell, Richard....................................................25
Bennett, Rt. Hon. R.B...............................................55 Crown in Chancery .3, 2, 4, 14, 15, 30, 50, 73, 77, 79,
Bernard, Col. Montague .................................2, 51, 52 83, 84, 87
Bertrand, Guy.....................................................28, 96 Crown Lands........................................................3, 15
Blakely, Arthur .........................................................86 Dallas, Mr.................................................................45
Blakely, Arthur ........................................................67 Danjou, Capt. ...........................................................38
Blount, Dr.............................................................9, 10 Darius.......................................................................22
Board of Arbitration .................................................49 de Lorimier, Sir Charles............................................30
Board of Trade .......................3, 2, 3, 8, 15, 30, 73, 74 debentures ......................................................4, 79, 90
Bodego Bay..............................................................40 Defoe, Daniel ...........................................................17
Bonds .....................3, 4, 35, 38, 70, 75, 77, 79, 89, 90 deleted page........................................................11, 12
Bone, Sir Francis ......................................................29 Deputy Minister of Finance ......................................63
Bouchard, Premier..................................61, 68, 89, 93 Derby, Earl of...............................................45, 48, 49
British Columbia ..................................................8, 77 Diefenbaker, Rt. Hon. John.......................................19
British subjects4, 3, 18, 19, 20, 54, 62, 64, 66, 67, 68, Disraeli, Benjamin....................................................36
69, 76, 88, 89, 90 Dominion Elections Act..................................4, 18, 62
Brotherhood of Locomotive Engineers .....................78 Dominion of Canada...............................14, 50, 52, 58
Bruce, Charles ....................................................38, 39 Drake, Sir Francis.....................................................16
Burke’s Act ..................................................15, 30, 73 Drapeau, Jean ...........................................................70
Bury, Viscount......................................................2, 54 Druggists of New York State ......................................3
Cacroft, James ....................................................22, 87 Dunn, Col. A.R.........................................................38
Camerone .................................................................38 Dunning, Mr.................................................35, 77, 89
Campbell, Lord.......................................11, 34, 49, 85 Duquette, Joseph ......................................................30
Canadian Merchant Marine.......................................18 Egremont, Earl of.......................................................3
Cardinal, J. Narcisse .................................................30 Elizabeth, Queen ........................................................3
Carnarvon, Earl of ..............................................11, 51 Elliott, C. Fraser ...................62, 63, 64, 66, 67, 68, 69
Carolina..............................................................16, 36 Eminent Domain ........2, 14, 22, 28, 34, 64, 65, 68, 87
107
emphyteutic lease ...............................................64, 77 James V, king of Scotland.........................................15
February 26, 1867.....................................................11 James VI, king....................................................15, 16
Federal District...................................................33, 34 Jarvis, Col...................................................................5
Fenians ...............................................................41, 48 Jervois, Col.........................................................45, 48
feudal system ...........................................3, 15, 17, 22 Joli-Cœur, André .....................................................96
Fiddes, Sir George ...............................................2, 73 Joshua at Jericho .....................................................20
Florida................................................................16, 36 Juarez, Benito...........................................................37
for the time being......................................................75 Judges ................................................................74, 83
Fort Sumter.........................................................38, 45 Kennedy, Dr. WPM..................................................32
Foster, Mr. Tony.......................................................76 Kenny, Dr.................................................................10
Francis Joseph, Emperor of Austria ..........................37 Khrushchev, N..........................................................31
Franklin, Benjamin .............................................16, 52 King, Hon... WL Mackenzie...3, 4, 15, 18, 19, 55, 62,
French Canadians .......................................................5 63, 75, 76, 83, 84, 86
Frobisher ..................................................................16 King’s Sign Manual..................................................84
game two can play at ..................................................2 Kirk and Publick.......................................................16
Geneva Conventions.................................................76 Knutson, Elmer.........................................................35
geographical expression................5, 61, 66, 68, 76, 88 Laird & Son..........................................................2, 39
Gilbert, Sir Humphrey ..............................3, 14, 15, 16 Lambert, Dr. Gabriel ................................................71
Gore, Col..................................................................29 Lambert, Gen. John ............................................23, 24
Gosford, Gov......................................................28, 29 Lamer, Chief Justice Antonio ..................................96
Grand Trunk Pacific Railway....................................78 Lapointe, Hon. Ernest.............................33, 34, 63, 76
Great Eastern ...........................................................38 Lazure, Judge ...........................................................71
Green, Capt. William............................................5, 17 Lebel, Judge Louis....................................................78
Greenbacks.................................................................5 Lemaire, Mr............................................................8, 9
Hadfield, Mr.......................................................10, 11 Letters Patent .............2, 73, 74, 75, 80, 81, 82, 83, 84
Hadrian’s wall ..........................................................16 Lévesque, Premier René ...........................................61
Hallsbury .................................................2, 11, 26, 66 Limited Monarchs......................................................2
Hamilton, Col. ............................................................8 Lincoln, President A. ....................5, 20, 36, 37, 38, 40
Hancock, John ..........................................................52 Livofsky, Admiral.................................................5, 40
Hardy, Mr...................................................................9 Lord High Chancelor ..........................................14, 30
Harley, Earl of Oxford ..............................................17 Lord Protector ..............................................23, 24, 25
Henry VIII, king .......................................................14 Lords of Trade and Plantations3, 14, 15, 17, 30, 31, 73
Hepburn, Premier ...............................................79, 93 Louisiana..................................................................37
Hertzog, Premier ......................................................55 Macdonald, Sir John A. ...5, 2, 3, 9, 32, 49, 50, 51, 52,
High Chancellor, Lord ..............3, 2, 14, 73, 80, 83, 84 76, 86
Howe, Joseph .....................................................49, 50 Mackenzie, William L. .............................................29
Hudson Bay Company..............................................40 Magna Carta ........................................................3, 14
Hughes, Frank............................................................2 Manitoba ..................................................................77
Hume, David ............................................................26 Mary, Queen of the Scots..........................................15
Imperial Policy...........................................................5 Maximilian, Emperor..........................................37, 38
in tenure ...................................................................64 McMicheal, Robert C. ................................................3
Income Tax ................................63, 64, 66, 67, 69, 71 McNab, Rory......................................................16, 17
independence............................................................61 McNair, John............................................................79
Indians..................................35, 64, 65, 66, 67, 68, 69 Meyer, Col. Kurt ......................................................76
Instrument of Government ............................23, 24, 27 Ministers of Finance .................................................35
Interpretations Act ................................2, 3, 50, 60, 61 minority rights ..........................................................33
Island of Malta .........................................................11 Mirabel Airport ........................................................28
Isley, Mr.............................................................35, 77 Monck, Lord.....................................................5, 3, 51
Jackson, Pres. Andrew..............................................45 Montreal Gazette................................................71, 86
Jacques Cartier Bridge..............................................28 Murray, James....................................3, 15, 73, 74, 83
Jameison, A.B. .........................................................87 Napoléon III .......................................................36, 37
James I, king.......................................................15, 22 national debt .......................................................77, 79
108
Native Sons of Canada.............................................55 Sovereign states ...................................................1, 93
Navigation Acts..................................................14, 30 Sovereign states .........................................................1
Nelson, Wilfred ........................................................28 Sovereign States, Provinces are...........................63, 87
Nixon, Richard.........................................................92 sovereignty..3, 2, 4, 14, 22, 32, 34, 56, 57, 61, 63, 65,
Nova Scotia ................8, 14, 16, 49, 50, 76, 77, 93, 94 85, 87, 88, 89, 94
O’Neil, Col. John............................................5, 41, 42 Sovereignty ..............................................................87
Ollivier, Dr. Maurice .....................................3, 32, 84 Speedy Return ..........................................................17
Olophant, Mr. ...........................................................65 Squirrel ....................................................................16
order-in-council ................................................3, 8, 35 St. Laurent, Hon. Louis.....................19, 63, 70, 71, 76
Ordinance of Secession.............................................36 St. Pierre, Frédéric...................................................92
Ouellette, André.........................................................3 Stanley, Lord ............................................................45
Pan-American Union ................................................76 Statute of Westminster.2, 4, 15, 19, 20, 33, 34, 55, 60,
Papineau, Louis Joseph.......................................28, 29 61, 63, 77, 80, 83, 84, 87, 93
Parliamentary Guide 1935 .........................................2 Susan Agnes .........................................................2, 51
passport ..............................................................65, 87 Swimmer, Chief........................................................65
Pepys, Samuel ....................................................25, 27 Tasmania ......................................................29, 30, 31
Periera, Mr. ................................................................9 Texas........................................................................36
Perreault, Judge ........................................................71 The Crown................................................3, 66, 67, 90
Peter the Great..........................................................40 The Hague Tribunal ...........................................76, 92
Pope, Sir Joseph .......................................................32 the old smuggling days .............................................30
Popov, Admiral ....................................................5, 40 The Seals Act ...........................................................84
Prince Arthur ..............................................................8 Thirty-nine Articles......................................14, 15, 22
Prince Edward Island................................................16 Thring, Lord ...................................................2, 10, 32
Prince of Wales ..................................................36, 37 title to the lands ........................................................77
private bill ................................................................11 Tobin, Brian.............................................................92
Purnelle, Cpl. ...........................................................96 Tootoosis, Chief .......................................................65
Quebec Resolutions ............2, 8, 32, 34, 49, 51, 57, 58 Treaties.........................................................52, 66, 68
Queen Anne............................................15, 17, 18, 65 Treaty at Versailles.............................................15, 88
Queen Elizabeth ...........................3, 14, 15, 16, 22, 45 Treaty of Paris of 1763 .................................75, 85, 87
Queen’s Printer.........................................................84 Treaty of Union, 1707 ............................16, 17, 18, 23
R.C.M.P. ..................................................................70 Treaty of Washington .....................................2, 50, 76
Railways, the ................................................43, 44, 78 Trent Affair ..........................................................5, 45
Ralston, Mr.........................................................35, 77 Tribunal of Arbitration............................45, 49, 51, 52
Rawleigh, Sir Walter......................................3, 14, 16 Trudeau, P.E. .......................................................3, 92
Red Enseign .......................................................18, 65 Turnbull, F.W.....................................................32, 33
Ridgeway, Ont..........................................................41 Tweedsmuir, Lord ................................................8, 67
right honourable...................18, 74, 76, 77, 78, 89, 96 Union Jack..........................................................18, 65
Rogers, Dr. Norman McL. ..................................32, 34 Valley Forge.......................................................31, 52
Roman Catholics....................................................3, 9 Vera Cruz .................................................................38
Royal Bank of Canada ................................................3 Viceroy of His Majesty...........................67, 74, 78, 83
Royal Prerogative.....................................................84 Victoria, Queen ..................................................23, 36
Sanguinet, Ambroise.................................................30 Wallace, Irving .........................................................38
Saskatchewan ...........................................................77 War and Peace..........................................................24
Schuster, Sir Claude..................................................83 Waterloo...................................................................31
Second Reform Bill of 1832 ............................................96 Wells, Clyde ............................................................92
Sessional Papers 18 ..............3, 8, 9, 15, 34, 35, 73, 83 West Germany..........................................................76
Seward, W.H., Secretary.............................................5 Wethrell, Col. ...........................................................29
Shakespeare..............................................................16 Wilkes, Capt. Tom......................................................5
Shenandoah..............................................................40 William of Germany, Emp....................................2, 54
Skelton, Dr. O.D.......................................................32 Wolfe, Gen. ........................................................15, 73
Sons of Freedom...........................................28, 29, 31 Yorke and Yorke .......................3, 2, 8, 15, 34, 73, 74

109