A Constitution is a written manifesto, setting out fundamental laws and principles of a country and its people. It is the reference benchmark for the work of nation-building.

The British North America Act of 1867, establishing the Dominion of Canada, was reviewed, repackaged, 'repatriated' and renamed the Canada Act, when it was signed by the Queen, as head of state, on her visit to Canada on April 17, 1982. For the first time, it gave the federal government - with the approval of the provinces - the legal right to make amendments without the permission of the British Parliament. It also included the Canadian Charter of Rights and Freedoms - hailed by the Liberal government as a credo of basic rights for all.

Unfortunately the Charter is in direct conflict with the Act of Settlement, 1701, which the Federal Justice Department maintains is also part of our Constitution. That Act established the succession to the throne and the relationship of church and state in Britain and its colonies. It is the very antithesis of religious toleration as it enshrines and promotes the religious bigotry of another era. It has no place in our constitution.

The Act stains and demeans our constitution, as it borrows from a time of terrible religious intolerance in Britain - over 300 years ago. Specifically the Act requires that the monarch be 'in the Protestant line, for the happiness of the nation and the security of our religion'. It goes on to tie together church and state by requiring that 'whosoever shall hereafter come to the possession of this crown, shall join in communion with the Church of England, as by law established'. But, the bulk of the Act goes much further - it is a tirade against Roman Catholics. It spells out that Roman Catholics or anyone married to a Roman Catholic 'should be excluded and made for ever incapable to inherit, possess or enjoy the Crown of this realm and Ireland and the dominions thereto belonging'. The latter - 'dominions thereto belonging' - is where Canada, colonies and countries that share the monarch - fit in. How this Act, merits being in our constitution, is beyond belief !

The constitution of a secular nation should require the separation of church and state. Our head of state should not be burdened with the sectarian sins of the past but should be above religious conflict. Race, creed or colour should not play a part in deciding our head of state. That is the essence of the Charter. And our constitution cannot meet that test.

If Canada wishes to continue to use the British monarch as head of state, then Canada should amend the Constitution by deleting the offending sections of the Act. If, on the other hand, Canadians decide to abolish the monarchy, after the departure of the present Queen, and choose its own head of state, it would unchain itself, from the intolerance of long ago. In Canada, at least, the Act would be consigned to the junk heap of history.

There may be some who would cringe at the thought of opening up the Constitution for review: but not to do so would show a fundamental weakness in our democratic process. It would exhibit a basic flaw in the spirit of the land. And it would deny Canada the right to fully emerge as a fair and just society, standing tall among the nations of the earth.

A vibrant and modern nation should have the best possible constitution. The peaceful evolution of a country moves slowly. And so, it may take longer for Canada to develop a constitution that fully reflects its maturity, identity and the aspirations of all its peoples. There are many changes that could lead to a more democratic society. They all need public airing to chart our course as an independent nation. Here are some worthy topics:

Prime Minister Pearson, after his probing first steps in office, tapped into the collective will of the nation, in the early 1960s. In the end, he gave us the one identity that is truly our own - The Maple Leaf Flag. It is the only recognized Canadian symbol in the wider modern world. Do we have leaders in Ottawa who will now take us further to strengthen our identity and lead to a full sovereign nation?

I would like to stimulate discussions and shed some light on the contradictions and hurtful failings of our Constitution. I began legal action, two years ago, in the Superior Court of Ontario to have the Act of Settlement 1701 purged from the Constitution. The first round was unsuccessful, with the Justice Department opposing my actions. I have filed an appeal. Unless there is a settlement, it will end up before the Supreme Court of Canada.