Canlii connects reference re secession of quebec 1998 c. The same set of principles would govern the negotiations themselves. The right to decide, the principle of stability, and the duty to negotiate. Reference documents institute of responsible government. And in the matter of a reference by the governor in council concerning certain questions relating to the secession of quebec from canada, as set out in order in council p. The right of a people to selfdetermination cannot be said to ground a right to unilateral secession. Reference re assisted human reproduction act, 2010 part two. Arguments in support of the existence of such a right were primarily based on the principle of democracy. In this landmark opinion, the court has found that the obligation to negotiate stems from the enshrined constitutional principles, a view that has been accepted by the vast.
Landmark case reference re secession of quebec 2012 jen. Claims for secession and federalism a comparative study. It will start by examining the provisions of the reference re secession of quebec as it is the first document that has outlined the obligation to negotiate secession. Three trick questions origins origin of the three trick questions directed to the nonjudicial federal advisory board constituted by the judges of the. The readers could wonder why two noncanadian scholars have decided to. Quebec wanted to split as a unilateral state from canada.
Constitutional principles in the secession reference. Reference re secession of quebec case brief for law. Nov 18, 2014 reference re secession of quebec reference re secession of quebec, 1998 2 scr 217. Reference re secession of quebec, 1998 york university. Secession the last resort for minority protection bertus. The supreme court sets rules for the secession of quebec.
Reference re secession of quebec the canadian encyclopedia. Faced with the question of whether quebec could make a unilateral declaration of independence, the supreme court declared unanimously in this reference 1998 that such a declaration would be unconstitutional both by canadian constitutional law and international law. Reference re secession of quebec reference re secession of quebec, 1998 2 scr 217. Following the reference re secession of quebec,v the clarity act was passed in 2000 with the aim of resolving some of the uncertainties created by the supreme court reference. It sometimes brings hope to minorities that are in despair and who feel permanently excluded from policy making. The reference re secession of quebec, the kosovo advisory. Lord durhams report abridged to highlight the constitutional defects and his recommendations of constitutional reform download the pdf version editors note of introduction in his report, lord durham explains the source of the defect in the colonial constitution which had caused the denial of the constitutional freedom of the inhabitants of the country, the corruption. Daniel turp and gibran van ert, international recognition in the supreme court of canadas quebec reference, canadian yearbook of international law 35. Decision of the supreme court of canada in the quebec secession reference, hamline journal of public law and policy 23 2001, 185224 blay, s. An analysis of the supreme court of canadas reasoning in reference re secession of quebec, 1998 november 28, 2016. Secession and postsovereign constitutionmaking after 1989. Distinct society status veto power there were two attempts to achieve these rights.
S26 and in the matter of a reference by the governor in council concerning certain questions relating to the secession of quebec from canada, as set out in order in council p. Pdf constitutional principles in the secession reference. Accordingly, quebec could not dictate the terms of secession, and one cannot assume that agreement would be reached. Recent political events in catalonia show the salience of independence claims, a political phenomenon already experienced by other. In reference re secession of quebec, 1998, the supreme court of canada. The constitutional obligation to negotiate 1998 10. If you would like to participate, please visit the project page, where you can join the discussion and see a list of open tasks.
Reference re secession of quebec case brief quimbee. The question is the secession of quebec from canada. Both the quebec government and the canadian government stated they were pleased with the supreme courts opinion, pointing. The principles developed therein have been further explored in two recent cases, issued by the italian constitutional, and by the spanish constitutional tribunal in the latest decision of the. Reference re secession of quebec case brief rule of law. In the matter of section 53 of the supreme court act, r. The quebec secession reference and the proposed charter of. Charter of quebec values its as if pauline marois and her government knew we would be discussing the quebec secession reference case in constitutional law this week when they. Secession and postsovereign constitutionmaking after. The birth of this constitutional trend can be found in the 1998 decision by the supreme court of canada in the reference re secession of quebec. High this article has been rated as highimportance on the. The court did not explore the question of whether the population of 2.
Yet democracy in any real sense of the word cannot exist without the rule of law. The secession reference and the limits of law richard s. Is there a right of selfdetermination granting such a power. Meech lake accord 1987 charlottetown accord 1992 secession do you agree that quebec should become sovereign after having made a formal offer to canada for a new. Reference re secession of quebec, 1998 case 48 teodora pop two conditions set by the liberal government of quebec. The debate over quebec\u27s future must be reoriented by reference to the broad normative framework set out by the supreme court of canada in the reference re secession of quebec, 1998 2 s. Editorial, court answe r s succeed the kitch e n e r. Reference re secession of quebec, 1998 canlii 793 scc.
Independence referendums and democratic theory in quebec. Under international law, is there a right to selfdetermination that would give the national assembly, l. Under the constitution of canada, can the national 1. Reference re secession of quebec, 1998 2 scr 217 is a landmark judgment of the supreme court of canada regarding the legality, under both canadian and international law, of a unilateral secession of quebec from canada both the quebec government and the canadian government stated they were pleased with the supreme courts opinion, pointing to different sections of the.
Constitutional jurisprudence shows that democracy exists in the larger context. Does il give the national assembly the right to affect the secession of qc from. The third part is practiceoriented and analyzes the status of the right to remedial secession in international law. Robert young discusses the ways in which canadians might reconstitute their country after quebec separates and considers possible political and economic arrangements between quebec and canada the association aspect of sovereigntyassociation including the breakdown of economic. Some people that are for secession want it so they can get rid of the french language all together. The possibility that the international law right of selfdetermination could entail secession as a last resort in cases of especially severe oppression, in which other channels for exercising internal selfdetermination had been totally frustrated is left open by the reference re secession of quebec.
Secession of quebec and the future of canada book description. The aim of this collection of essays is to celebrate the 20th anniversary of the reference re secession of quebec, delivered by the canadian supreme court in 1998. Constitutional theory and the quebec secession reference. Under the constitution of canada, can the national assembly, legislature or government of quebec effect the secession of quebec from canada unilaterally. Kay when the supreme court of canada issued its judgement on the legality of unilateral quebec secession in august 19981 many canadians did not know what to make of it. This article looks at some of the faces of secession. Leclair, jean, legality, legitimacy, decisionism and federalism. The court in this reference is required to consider whether quebec has a right to unilateral secession. Reference re seccession of quebec jurisdiction 1998 scc. The article argues that a referendum is neither the most legitimate nor the most effective way to address the issue. The right to selfdetermination, notwithstanding a persistent ineffable aura, can manifest itself in two different forms. Reference re secession of quebec, 1998 2 scr 217 is a landmark judgment of the supreme court of canada regarding the legality, under both canadian and international law, of a unilateral secession of quebec from canada. A udi followed by secession can be regarded as a breakdown of constitutionmaking in two ways.
Jan 14, 2016 it will start by examining the provisions of the reference re secession of quebec as it is the first document that has outlined the obligation to negotiate secession. Democracy, however, means more than simple majority rule. In the matter of section 53 of the supreme court act. Escajedo san epifanio eds, claims for secession and federalism. This article is within the scope of wikiproject canada, a collaborative effort to improve the coverage of canada on wikipedia. Reference re secession of quebec supreme court of canada. Secession of quebec and the future of canada on jstor.
Download as pdf abstract the relationship between federalism and secession might be regarded as antithetical but is an unavoidable fact in multinational political communities. The legacy of the reference re secession of quebec. The court held that the only lawful way in which quebec. The canadian contribution to a comparative law of secession. Does il give the national assembly the right to affect the secession of qc from canada unilaterally. It examines the institutional practice that possibly substantiates remedial secession doctrine.
The readers could wonder why two noncanadian scholars have decided to engage in an enterprise like this. In this landmark opinion, the court has found that the obligation to negotiate stems from the. If negotiations fail, and quebec declares independence unilaterally, the international community would have to decide whether quebecs action was legitimate. A summary and case brief of reference re secession of quebec, 37 i. Scotland, catalonia and quebec, it describes the relationship between the claims for secession and federal systems. Does selfdetermination entail an automatic right to. It is a selfconscious and deliberate act to break from a constitutional order. This volume, incorporating the work of scholars from various parts of the globe, explains and discusses the most important current successional claims in western countries e. Integration and disintegration are both possible trends in a federation.
The principles developed therein have been further explored in two recent cases, issued by the italian constitutional, and by the spanish constitutional tribunal in the latest decision of the catalonia saga judgment no. This book gathers a global array of canadian and european scholars to reflect on the quebec secession reference, delivered by the canadian supreme court in 1998 and its influence on laws of secession around the world like spain, scotland, the eu, eastern europe, ethiopia, and asia. Legacies of the quebec secession reference the aim of this collection of essays is to celebrate the 20th. Right to selfdetermination in in re secession of quebec. The debate over quebec \u27s future must be reoriented by reference to the broad normative framework set out by the supreme court of canada in the reference re secession of. Meech lake accord 1987 charlottetown accord 1992 secession do you agree that quebec should become sovereign after having made a formal offer to canada for a new economic and political. If negotiations fail, and quebec declares independence unilaterally, the international community would have to decide whether quebec s action was legitimate.