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Quebec Sovereignty and Canadian National Unity
In August 1998, the Supreme Court of Canada delivered one of its most important decisions on the Canadian Constitution. The
government of Canada had sent a reference case about the legality of Quebec secession. The government posed three questions
to the Court:
- Under the Constitution of Canada, can the National Assembly, legislature, or government of Quebec
effect the secession of Quebec from Canada unilaterally?
- Does international law give the National Assembly, legislature,
or government of Quebec the right to effect the secession of Quebec from Canada unilaterally? In this regard, is there a right
to self-determination under international law that would give the National Assembly, legislature or government of Quebec the
right to effect the secession of Quebec from Canada unilaterally?
- In the event of a conflict between domestic and
international law on the right of the National Assembly, legislature, or government of Quebec to effect the secession of Quebec
from Canada unilaterally, which would take precedence in Canada?
In the end, the Court declared that neither the Quebec government nor legislature
have a legal right under Canadian constitutional law or under international
law to unilaterally secede from Canada. However, the court also emphasized
that the rest of Canada would have a political obligation to negotiate Quebec's
separation if a clear majority of that province's population voted in favour
of it.
You can read the full text of the Quebec
Secession Reference to understand the reasons for these positions.
The Parti Quebecois believes that the Court has legitimated the nationalist
dream to achieve independence based on the authority of a mandate from the people
of Quebec. In 1998 Quebec's Minister of Intergovernmental Affairs, Joseph Facal,
published a document on Quebec
Sovereignty and the Rule of Law in which he asserts that the Supreme Court
recognized the separatists' claims.
You can also read the press releases on the Supreme Court's decision from the
federal Minister of Intergovernmental Affairs, Stephane
Dion, and from the Minister of Justice at the time, Anne
McLellan.
The federal Justice Department provides a number of related documents on its
Web site:
In 2000, the federal government enacted
the Clarity
Act, to stipulate the requirements for a clear question on sovereignty and
a clear majority in favour before the federal government will negotiate separation
with Quebec. The Quebec government responded with their own legislation, Bill
99 - An
Act respecting the exercise of the fundamental rights and prerogatives of the
Quebec people and the Quebec State, which declares the autonomy of the Quebec
people and the National Assembly to decide their future. Note that the
Quebec National Assembly also passed a unanimous
resolution on October 30, 2003 which declared: "That the National Assembly
reaffirm that the people of Québec form a nation."
The National Assembly also passed a unanimous
resolution on April 17, 2002, the 10th anniversary of the Constitution
Act, 1982, which declared: "That the National Assembly reaffirm that
it never acceded to the Constitution Act, 1982, whose effect was to lessen the
powers and rights of Québec without the consent of the Québec Government,
of the Nationa1 Assembly, and that this Act is still unacceptable for Québec."
INFORMATION ON SOVEREIGNTY FROM THE
GOVERNMENT OF QUEBEC
Archived documents from the former
PQ government - provided by Archive.org:
Canadian
federalism and the autonomy of Quebec
Quebec
and Its Territory
Quebec's
Political and Constitutional Status
The
Territorial Integrity of Quebec
OTHER SITES ON SOVEREIGNTY AND NATIONAL UNITY
Quebec separation is not the only challenge to national unity in Canada, as
there are groups dedicated to the independence of he Western provinces as well.
For example, visit The
Separation Party of Alberta or the Western
Canada Concept Party for information about groups that advocate the separation
of western provinces from Canada.
Nine provinces that signed the Calgary
Declaration in 1997 undertook a process of public consultation on national
unity. You can connect to the Newfoundland Government's
Canadian Unity Consultation web site to learn more.
Other Sites on National Unity and Quebec Sovereignty:
Bibliography
on Canadian Federalism and Unity
CBC
Newsworld Archive on René Lévesque's Separatist Fight
Council
for Canadian Unity
IPSO
- Intellectuels pour la souverainete
Plan
B Forum
Yahoo!
Canada's National Unity News Site
Yahoo! Canada's Quebec News Coverage
ARTICLES ON SOVEREIGNTY
Aboriginal
Peoples and the 1995 Quebec Referendum A Survey of the Issues - a research
paper from the Library of Parliament
Canada
and Quebec after Quebecois Secession - Denis Stairs
Essay
on the Referendum - Pierre Trudeau
Sovereign
Injustice - Grand Council of the Crees' document argues that Quebec's separation
does not take away the Crees' right to determine for themselves of which country
they should be a part of.
QUEBEC POLITICAL PARTIES
ADQ
- Action démocratique du Québec
Bloc Québécois
Parti
Libéral du Quebec
Parti
Québécois
1995 QUEBEC REFERENDUM
The Sovereignty Bill - read the text of Bill 1,
which formed the basis for debates on Quebec's ability to declare itself sovereign.
1995 Quebec Sovereignty Referendum Results are available in a
summary table as well as in a
regional breakdown.
Compare the different
Referendum
Questions in 1980 and 1995.
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