Reference re Secession of Quebec, 1998

1
Reference re Secession of Quebec, 1998

• Case 48
• Teodora Pop

2
Two conditions set by the Liberal Government of
Quebec

• Distinct Society status
• Veto power

There were two attempts to achieve these rights

• Meech Lake Accord 1987
• Charlottetown Accord 1992

3
Secession
4

• Do you agree that Quebec should become
  sovereign after having made a formal offer to
  Canada for a new economic and political
  partnership within the scope of the bill
  respecting the future of Quebec and of the
  agreement signed on June 12, 1995?

49.42 percent of Quebecers voted YES
5
The Government had three questions for the Court

• Is it constitutional for Quebec to secede
  unilaterally from Canada?
• Is there an international law that would give
  Quebec the right to self determination?
• If there is a conflict between domestic and
  international law, which would have precedence?

6
4 key constitutional principles

• Federalism
• Democracy
• Rule of law and Constitutionalism and
• The protection of minority rights
• The Court advised that it would be a grave
  mistake to equate legitimacy with the sovereign
  will or majority rule alone, to the exclusion of
  other constitutional values.

7
Questions

• Should Quebec have the right to secede from
  Canada?
• Should the federal government have resorted to
  the courts in this secession matter? Should the
  role of the courts be limited?