Some people that are for secession want it so they can get rid of the french language all together. Breaking up is hard to do case note author rosemary rayfuse. Federal government to change rules on quebec secession. Under the constitution of canada, can the national assembly, legislature or government of quebec effect the secession of quebec from canada unilaterally. In the matter of section 53 of the supreme court act. Court in the secession reference, which are likely to affect constitu. A positive impact for all 22 quebeckers and all canadians. This raised the eyebrows of the federal government and forced them to become prepared in case a referendum were to take place.
The result of a referendum in october 95 was a slim defeat of the initiative by 50. Each ojen landmark case includes a case summary, classroom discussion questions and activities that encourage students to explore both the legal and societal importance of the case. The quebec task force on whiplashassociated disorders and the british columbia whiplash initiative. Secession of quebec and the future of canada book description.
Liberal mischiefmakers set a political cat loose among the ndp pigeons thursday, forcing opposition new democrats to defend their position that a bare majority yes vote would. Reference re secession of quebec university of windsor. 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 ruling. The new province had one government and one legislature and, in keeping with durhams belief in british. 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.
Right to selfdetermination in in re secession of quebec core. Referring to various international legal documents embodying the right, and the. Reference re secession of quebec case brief wiki fandom. You can search by the scc 5digit case number, by name or word in.
The right of a people to selfdetermination cannot be said to ground a right to unilateral secession. The constitutional obligation to negotiate 1998 10. You can search by the scc 5digit case number, by name or word in the style of cause, or by file number from the appeal court. What are some good arguments for and against quebec. Your use of this heinonline pdf indicates your acceptance of heinonlines. Please access a pdf of this article using the link to the left. Reference re secession of quebec 217 in the matter of section 53 of the supreme court act, r.
Scc decision means feds cant refuse to negotiate, but can put up many obstacles to quebec secession. However, if a clear majority of quebecers unambiguously opts for secession, the federal government and the other provinces would have a constitutional duty. Editorial, court answe r s succeed the kitch e n e r. Reference re secession of quebec case brief quimbee. The various international documents that support the existence of a peoples right to selfdetermination. Rayfuse, rosemary reference re secession of quebec from. Under the constitution of canada, can the national 1. Reference re secession of quebec, 1998 2 scr 2171 brill. Distinct society status veto power there were two attempts to achieve these rights. Reference re secession of quebec volume 48 issue 2 david p. This page contains a form to search the supreme court of canada case information database. In reference re secession of quebec from canada,4 the supreme court of canada.
Yet democracy in any real sense of the word cannot exist without the rule of law. Reference re secession of quebec, 1998 york university. Reference re secession of quebec case brief rule of law. Right to selfdetermination in in re secession of quebec. Reference re secession of quebec case brief for law. Quiet revolution in quebec pdf files the quiet revolution french. I will argue that it is in everybodys interest whether one is for quebec independence or canadian unity to reflect, and act, upon the following six lessons or findings learned from the supreme court opinion and consequences thereof. Under international law, is there a right to selfdetermination that would give the national assembly, l. The secession reference and the limits of law opencommons. In the matter of section 53 of the supreme court act, r. The quebec government chose not to participate in the decision, so andre jolicoeur was assigned as an amicus curiae by the court. Quebec secession reference by hillary kendrick on prezi. Federal government to change rules on quebec secession by keith jones 4 december 1999 in the face of widespread opposition among canadas political elite, prime minister jean chretien has.
Quebec separatists trounced as secession support wanes. A summary and case brief of reference re secession of quebec, 37 i. Toronto star, august 22 1998 available in lexisnexis, news library, allnws file. After the referendum, the supreme court of canada weighed in on the issue of sovereignty in the reference re secession of quebec.
The quebec secession reference and the proposed charter of. 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. Lessons learned from the quebec secession reference before. 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. Secession of quebec and the future of canada on jstor. Reference re secession of quebec, 1998 case 48 teodora pop two conditions set by the liberal government of quebec. 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.
Canlii connects reference re secession of quebec 1998 c. Unpublished documents bearing on the british north america act 1895, at p. Constitutional theory and the quebec secession reference. Landmark case reference re secession of quebec 2012 jen.
Reference re secession of quebec the canadian encyclopedia. This reflects the historical usage of canadian o r the french term canadien, which referred to the frenchspeaking population in this period. 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. References in this casenote are to paragraph numbers in the decision. It presents the parameters that define contemporary quebec nationalism. Challenge of quebec secession law makes it before the. Following the close referendum result in the 1995 referendum, government of canada initiated a reference to the supreme court to question the legal issues surrounding unilateral secession. The third part is practiceoriented and analyzes the status of the right to remedial secession in international law. National implications and potential effects in quebec fraser institute. Reference re secession of quebec probe international. The relevance of remedial secession in the postsoviet. In the matter of a reference by the governor in council concerning certain ques tions relating.