Document Information

Date: 1980-10-15
By: Canada (Parliament)
Citation: Canada, Senate Debates, 32nd Parl, 1st Sess, 1980 at 871.
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SENATE DEBATES — October 15, 1980

THE CONSTITUTION DEBATE

INTERPRETATION OF SECTION 44 OF PROPOSED CONSTITUTION
ACT, 1980

[Page 871]

Hon. Raymond J. Perrault (Leader of the Government): Honourable senators, I have a delayed answer to the question asked by Senator Flynn on October 7, 1980, concerning a legal opinion on the constitutionality of the proposed resolution for a joint address to Her Majesty the Queen respecting the Constitution of Canada.

As the honourable senator knows, with his profound knowledge of parliamentary procedure, a minister does not have to give a legal opinion on such a matter. In this case the minister has declined, with thanks.

Hon. Jacques Flynn (Leader of the Opposition): He can give his interpretation anyway, even if it is not a legal opinion.

Senator Perrault: The minister is not willing to provide that.

Senator Flynn: That is a better answer.

THE CONSTITUTION DEBATE

ACCEPTANCE OF RESOLUTION BY BRITISH GOVERNMENT

Hon. Raymond J. Perrault (Leader of the Government): Honourable senators, Senator Flynn asked a question on October 8 concerning the acceptance of the constitutional resolution by the British government.

The government has no reason to think that the United Kingdom government would do other than accede to a request from the Canadian Parliament to patriate the Constitution. Of course, in the view of the government that is precisely what the constitutional convention requires of the United Kingdom government. It is also precisely what British leaders have assured the Canadian government that they are prepared to do.

The government has been assured by the highest political authorities in the United Kingdom that, in accordance with existing constitutional convention, the British government will act upon a request of the Canadian Parliament to patriate the Constitution.