This is an excerpt from Hansard of the Canadian parliament, of a speech delivered by the Hon. Walter F. Kuhl, M.P. for Jasper-Edson on November 8, 1945. It is very interesting reading and provides some early evidence that Canada never federated or confederated. Canada is not a country.

From Hansard:

Mr. Kuhl:

From the evidence which I have thus far submitted, I draw the following
conclusions:

1. The Provinces of Canada desired a federal union.
2. The Quebec resolutions provided for a federal union.
3. The bill drafted by the Canadian delegates at the London conference, also
provided for a federal union,
4. The colonial office was not disposed to grant the Provinces of Canada
their request for a federal union.
5. The British North America Act, enacted by the Imperial Parliament,
carried out neither the spirit nor the terms of the Quebec resolutions.
6. Canada did not become a federal union under the British North America
Act, but rather a united colony. The privilege of federating, therefore, was
still a future privilege.
7. The Parliament of Canada did not become the government of Canada, much
less a federal government. It became merely the central legislature of a
united colony, a legislative body whose only power was that of aiding and
advising the Governor General as agent of the Imperial Parliament.
8. The British North America Act, as enacted by the Imperial Parliament, was
not a constitution, but merely an Act of the Imperial Parliament which
united four colonies in Canada into one colony with the supreme authority
still remaining in the hands of the British government.

Further Evidence

As further evidence that the British North America Act was not a
constitution, and that Canada did not become a federal union, I refer to the
definition of the term "dominion" which is to be found in section 18,
paragraph 3 of the Interpretation Act of 1889. It reads as follows:

"The expression 'colony' shall mean any of Her Majesty's dominions,
exclusive of the British islands and of British India; and where parts of
such dominions are under both a central legislature and local legislatures,
all parts under the central legislature shall, for the purpose of this
definition be deemed to be one colony."

Excepting Canada, no country in the empire had a central legislature and
local legislatures. Therefore, according to this definition made twenty-two
years after the enactment of the British North America Act, Canada is deemed
to be one colony.

To show that I am not alone in my conclusions I quote some of the statements
of recognized Canadian constitutional authorities before the special
committee on the British North America Act in 1935.

Doctor W. P. M. Kennedy, Professor of Law in the University of Toronto, at
page 69 of the report states:

"I think we have got to get away from the idea that the British North
America Act is a contract "or treaty". I do not want to go into that, but it
is true neither in history nor in law. The British North America Act is a
statute, and has always been interpreted as a statute."

Professor N. McL. Rogers, of Queen's University, at page 115 of the report
states in reply to a question by Mr. Cowan:

Mr. Cowan: You do not subscribe to the belief that this was a pact or
contract?

Mr. Rogers: I am thoroughly convinced it is not, either in the historical or
the legal sense.

Then I would quote Doctor Beauchesne, Clerk of the House of Commons, who at
page 125 states.

"It is quite true that if we apply to the British North America Act the
principles followed in the interpretation of statutes, it is not a compact
between provinces; it is an act of parliament which does not even embody all
the resolutions passed in Canada and in London prior to its passage in the
British Parliament where certain clauses that had not been recommended by
the Canadian Provinces were added."

The evidence which I have submitted establishes to my satisfaction that
there has been at no time in Canada any agreement, pact or treaty between
the Provinces creating a federal union and a federal government. The
privilege to federate, therefore, was still a future privilege for the
Provinces of Canada.

Provinces Completely Sovereign

Since the condition of sovereignty and independence must be enjoyed by the
Provinces before they can federate, it was necessary that the British
government relinquish its authority over them. This was done through the
enactment of the Statute of Westminster on December 11, 1931. By section 7,
paragraph 2, of this statute, the Provinces of Canada were made sovereign,
free and independent in order that they might consummate the federal union
which they wished to create in 1867, but were not permitted to do so.

Since December 11, 1931, the Provinces of Canada have not acted on their
newly acquired status; they have not signed any agreement, they have not
adopted a constitution, and the people of Canada have not ratified a
constitution. Such action should have been taken immediately upon the
enactment of the Statute of Westminster. It is by reason of the failure of
the Provinces and of the people of Canada to take this action that all the
anomalies in our present position exist. We have been trying since 1931 to
govern ourselves federally, under an instrument which was nothing more than
an act of the Imperial Parliament for the purpose of governing a colonial
possession.

Not only has this anomalous condition obtained since 1931, but it has done
so without any reference whatsoever having been made to the Canadian people.
They have not been consulted on anything pertaining to constitutional
matters. Before there can be a federal union in Canada and a federal
government, the Provinces of Canada must be free and independent to
consummate such a union. They have been free to do so since December 11,
1931, but they have not done so.

Canada Without A Constitution

I therefore pose this question: Whence does the Dominion Parliament derive
its authority to govern this country? The Imperial Parliament cannot create
a federal union in Canada or constitute a federal government for the people
of Canada by virtue of the British North America Act or any other act. This
can be done only by the people of Canada, and they have not yet done so.

Since December 11, 1931, as an individual citizen of this country I have had
the right to be consulted on the matter of a constitution. I have had the
right along with my fellow citizens to ratify or to refuse to ratify a
constitution, but I have not been consulted in any way whatsoever. I assert
therefore that until I, along with a majority of Canadians, ratify a
constitution in Canada, there can be no constitution, and I challenge
successful contradiction of that proposition.