While the right of the citizen to petition
Parliament for redress of a grievance is frequently referred to as fundamental,
or as a fundamental principle of the
constitution, [3]
the
constitution is in fact silent on the matter. The recognition of this right is,
however, well entrenched, based as it is on centuries-old tradition and
established precedent.
Petitioning the Crown (and later
Parliament) for redress of a grievance originated in the time of the
thirteenth-century monarch Edward I. Petitioners had recourse to the
Crown’s prerogative power, which was above the law. Petitions granted to
individuals and communities were in the nature of private laws; those granted to
the nation as a whole made public laws.
In medieval times, before Parliament had
assumed its present constitution and when its judicial and legislative functions
were as yet undefined, Receivers and Triers of petitions appointed by the Crown
travelled the country to hear the complaints of the people. Certain matters
would be referred to local courts by the Triers, but others would be found
appropriate for consideration by the High Court of Parliament.
As Parliament evolved from a primarily
judicial to a predominantly legislative body with its judicial functions taken
over by the courts, the character of petitions changed. By the end of the
fourteenth century, legislative remedy was sought by individuals and
corporations who petitioned Parliament or the House of Commons. At the same
time, petitions from the Commons to the Crown — these being of a general
nature and expressing national grievances — became frequent. The British
Parliament’s first legislative acts occurred with the Commons petitioning
the King for certain amendments to the law. (This was the precursor to
legislation by bill, as later the Commons assumed the task of drafting the
desired statute which could then be accepted or rejected — but not
amended — by the Crown.) The seventeenth century saw the development of what
may be considered the “modern” form of petition — addressed to
Parliament, drawn up in a prescribed manner, usually dealing with public
grievances. [4]
In Canada, provisions for petitions (long a
feature of the pre-Confederation legislative assemblies) have always been part
of the written rules of the
House. [5]
The rules
adopted in 1867 were somewhat expanded in 1910, and operated without substantial
modification for some 76
years. [6]
However,
starting in the immediate post-Confederation period, an extensive body of
practice began to build, resulting in a collection of form and content
requirements which were not codified in the Standing Orders but which had to be
met in order for a petition to be acceptable to the House.
In the early and mid-1980s, the resurgence
in the use of petitions led to a situation in which the presentation of
petitions occupied large amounts of the time of the House, sometimes to the
exclusion of other
business. [7]
As well,
the Chair was at times called upon to intervene or rule on matters relating to
the admissibility of petitions and the manner of their
presentation. [8]
As a
consequence, the Special Committee on the Reform of the House of Commons (the
McGrath Committee) made several recommendations intended to clarify the rules
relating to petitions, to promote increased uniformity in their presentation, to
ensure their receivability as to content and to provide guidelines as to form
and the petitioners’
signatures. [9]
In 1986,
the House adopted amendments to the Standing Orders based on these
recommendations. [10]
The most significant of the changes adopted
in 1986 was the requirement for certification of petitions by the Clerk of
Petitions prior to their presentation in the House. Also included were a number
of requirements, some previously uncodified but well established by precedent
and practice, to be met in order for petitions to be certified correct as to
their form and content (for example, petitions must contain a prayer requesting
action, must be respectful in tone and must bear original signatures).
Guidelines issued by the Speaker made reference to these and to other
established practices concerning the presentation of petitions during Routine
Proceedings. [11]
A new
rule provided for mandatory government replies to petitions.
Several changes were adopted in 1987, in
particular a new requirement that signatories to petitions must include their
addresses. [12]
As
well, the number and sequence of Routine Proceedings rubrics was revised so that
“Presenting Petitions”, formerly the fifth of nine items, became the
ninth of ten. [13]
In
1991, a further amendment set a limit of 15 minutes on the time provided for the
presentation of petitions during the daily routine of
business. [14]
An
amendment adopted in 1994 provided that the original petitions be transmitted to
the Ministry (Privy Council Office) and that government responses to petitions
may be tabled by depositing them with the Clerk of the
House. [15]