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EXTRACTS FROM HANSARD -- PROCEEDINGS OF CANADA'S SENATE :

The following extract has been taken from Hansard Records of Canada's Senate:

    Debates of the Senate (Hansard)
    2nd Session, 36th Parliament,
    Volume 138, Issue 27
    Tuesday, February 15, 2000
    The Honourable Gildas L. Molgat, Speaker




    ROUTINE PROCEEDINGS

    Census Records

    Presentation of Petitions


    Hon. Lorna Milne: Honourable senators, I have the honour to table 59 petitions addressed to the Parliament of Canada from both Canadian citizens and citizens of the United States and the United Kingdom calling upon Parliament to enact legislation to preserve the post-1901 census records, remove them to the National Archives and make these, as well as future census records, available to the public after 92 years, as is presently consistent with the many provisions of the privacy legislation and time limits now in force. These petitions contain 2,607 signatures.



    ORDERS OF THE DAY

    Census Records

    Petitions Accepted


    Hon. Fernand Robichaud (The Hon. the Acting Speaker): Honourable senators, it has been drawn to my attention that the petitions presented in the Senate earlier today were not entirely signed by Canadian citizens. I would like to quote citation 1035.(3) of Beauchesne's Parliamentary Rules & Forms, which states:

    1035.(3) A petition signed by both Canadian citizens and foreigners has been received by the House with unanimous consent.

    Honourable senators, is it your pleasure to consent to the tabling of these petitions as presented by Senator Milne during Presentation of Petitions?

    Hon. Lorna Milne: Honourable senators, I ask for unanimous consent to present this petition, which contains a number of signatures. A small minority of them come from the United States and from Great Britain, as I mentioned when I presented the petition. The petition is in favour of the release of census records after 1901.

    According to Beauchesne, the Honourable the Acting Speaker is quite correct in that I should have asked for unanimous consent to present this petition. I ask for unanimous consent now. If not granted, I will withdraw the petition and then present the vast majority of the names, which are Canadian, tomorrow.

    Hon. Noël A. Kinsella (Deputy Leader of the Opposition): On behalf of honourable senators on this side of the house, we are pleased to grant our consent to the presentation of this petition in the manner in which it has been presented, in part based upon the principle expressed in the Canadian Charter of Rights and Freedoms. As honourable senators know, we recognize those rights and freedoms to be predicated on behalf of everyone, save and except only three rights - the right to leave Canada and return to Canada, which is limited to Canadian citizens; the right to vote, which is limited to Canadian citizens; and the right to certain minority education rights, which is limited to Canadian citizens. All the other rights that we recognize, however, are predicated on behalf of everyone. A petition of this sort, notwithstanding what is contained in Beauchesne, is based upon that principle. That is why we are happy to grant our consent.

    Hon. Anne C. Cools: Honourable senators, I, too, am prepared to give agreement to Senator Milne in this particular instance. However, this is one of those questions on which we should seek clarity at some particular point in time. Unfortunately, I did not hear the earlier presentation of the petition, but I did hear what Senator Kinsella just said. I understand and I agree with the concept that rights are broadly endowed. I am not convinced totally, however, that citizens of the United States of America or any other foreign country have a right to petition the Parliament of Canada. Nevertheless, to the extent that Senator Milne has done a lot of work, I am prepared and quite happy to give her my consent in this instance.

    The Hon. the Acting Speaker: Is it your pleasure, honourable senators, to accept the petitions?

    Hon. Senators: Agreed.





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