Cape Breton has strong claim to become separate province

Cape Breton Island (CBI) was annexed in 1820 without the consent of the governor of CBI or consent of the island residents.

Annexation was in response to the crown losing a tax case (1816-1820) to two CBI mine owners over crown tax demands of the residents of CBI. In response, the crown went outside the law and annexed CBI to Nova Scotia, to collect the taxes.

CBI’s leaders rebuked the annexation because of irregular procedural improprieties used. But the British Privy Council declined to vote on the appeal.

In 1867, Nova Scotia joined Confederation, but petitioned in 1868 to have the Constitution Act repealed. Nova Scotia is Canada’s first ‘separatist province.’ It seems Sir Joseph Howe was furious with Premier Charles Tupper to join Confederation without consent of the electorate. Sir Howe waged a petition with 65 percent of the electorate of Nova Scotia at the time as signatories calling to pull Nova Scotia out of Confederation. On presentation to the Queen, it was rebuffed as a Canadian parliamentary matter.

Sir Howe’s anti-confederation forces won all seats (except one held by Premier Tupper), formed the new government and unanimously passed legislation declaring Nova Scotia’s refusal to recognize the Confederation of Canada. This 1868 Nova Scotia Act was never repealed and stands on record in Nova Scotia.

Nova Scotia felt strongly they’d be robbed of their taxes, resources and the ability to make important governance decisions that affect their local economy and wanted the ability to selfdetermine their own future as they feared Central Canadian motivations conflicted with the best interests of this province.

Given the illegal annexation of CBI by Nova Scotia, the illegitimacy of Nova Scotia’s own constitutional status, ongoing fiscal neglect and alienation of our island and region, CBI has a solid claim to reinstate its Colonial Charter granted by King George as Canada’s newest province, and under international law via the follow:

• The Human Rights Charter of the United Nations

• The International Covenant on Economic, Social and Cultural Rights

• The International Covenant on Civil and Political Rights which affirm the fundamental importance of the right of selfdetermination of all peoples by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development. Mark Macneill, MBA, MPA, LLB, LLM Sydney