In reference re secession of quebec, the court identified quebec s borders as a critical issue in any secession negotiation. 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. Quebec, a canadian province, unilaterally desired to secede from canada. The international court of justices kosovo advisory opinion is a masterpiece of avoidance. Reference re secession of quebec case brief rule of law. The constitutional obligation to negotiate 1998 10.
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. Three trick questions origins origin of the three trick questions directed to the nonjudicial federal advisory board constituted by the judges of the. The reference re secession of quebec, the kosovo advisory. Yet democracy in any real sense of the word cannot exist without the rule of law. Unpublished documents bearing on the british north america act 1895, at p. Under the constitution of canada, can the national assembly, legislature or government of quebec effect the secession of quebec from canada unilaterally. Questions relating to the secession of quebec from canada reference re secession of quebec, 1998 2 scr 217 came to solve a double question raised by the government canadian federal. The case of quebec by peter radan 69 on 20 august 1998 the supreme court of canada, in reference re. Right to selfdetermination in in re secession of quebec. In the matter of section 53 of the supreme court act. The court has lived to run another day, and one can only admire the judges skill in arriving at the vacant place between difficult and clashing conclusions of substance. There is a huge difference between a court ruling on a case and a an opinion or a reference.
Reference re secession of quebec case brief for law. Reference re seccession of quebec jurisdiction 1998 scc. The secession reference and the limits of law opencommons. Pdf in 1998, the supreme court of canada delivered its now world famous decision concerning certain questions relating to the secession of quebec from. It examines the institutional practice that possibly substantiates remedial secession doctrine.
Reference re securities act, 201 1 scc 66, 201 1 3 scr 837 7. 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. This page contains a form to search the supreme court of canada case information database. Reference re secession of quebec, 1998 york university. This paper analyses the international communitys response in the recent cases of attempted secession and tries to answer the question whether international law has progressed to the level regulating the very process of secession. 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. 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 rule of law is a fundamental postulate of our constitutional structure roncarelli i law is supreme over the acts of both governments and private individuals. International law secession of province of canadian federation right of selfdetermination effectivity principle whether international law gives quebec right to secede unilaterally from canada. In reference re secession of quebec, 1998, the supreme. Please access a pdf of this article using the link to the left. Rayfuse, rosemary reference re secession of quebec from.
Canlii connects reference re secession of quebec 1998 c. The quebec secession reference and the proposed charter of. As a result, the quebec government held that the canadian. Remedial secession is a right of peoples to separate a part of the territory from the parent state on the basis of a breach of that peoples right to selfdetermination. 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.
In the matter of a reference by the governor in council concerning certain ques tions relating to the secession of quebec from canada, as set out in order in. The court in this reference is required to consider whether quebec has a right to unilateral secession. Secession slide 4 the government had three questions for the court. Both the quebec government and the canadian government stated they were pleased with the supreme courts opinion, pointing. Secession of quebec, re, reference to supreme court, 1998 2 scr 217, 1998 161 dlr 4th 385, 1998, 55 crr 2d 1, ildc 184 ca 1998, 20th august 1998, canada. The second document referred to the tripartite agreement sealing an. Pdf is there an obligation to negotiate secession in. Reference re secession of quebec the canadian encyclopedia. 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 orde r in council p. Reference re secession of quebec supreme court of canada. In reference re secession of quebec, nobody is accused of anything, nor is anyone being defended or taking its own defense. A legal pathway to alberta independence by michael wagner in august 1998 the supreme court of canada inadvertently created a pathway for alberta independence. In the reference re secession of quebec decision, the court established that the federal government was required to negotiate with quebec if a clear majority of read more.
A summary and case brief of reference re secession of quebec, 37 i. You can search by the scc 5digit case number, by name or word in the style of cause, or by file. Your use of this heinonline pdf indicates your acceptance of heinonlines. This article looks at some of the faces of secession. After considering the case, the governor in council referred three questions to the supreme court of canada. Secession reference, handed down its decision on the canadian governments reference to the court concerning the legality of a future unilateral secession by the province of quebec from canada. Reference re secession of quebec, 1998 case 48 teodora pop two conditions set by the liberal government of quebec. Emerging from the lofty theoretical rhetoric of selfdetermination in political theory. 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. Does il give the national assembly the right to affect the secession of qc from.
Legacies of the quebec secession reference the aim of this collection of essays is to celebrate the 20th. This short article will address the two following issues. The legacy of the reference re secession of quebec. Distinct society status veto power there were two attempts to achieve these rights. Both times, the majority of quebecers chose to stay in canada. Candidates should aim to develop an understanding of the basic principles of canadian constitutional law that. The third part is practiceoriented and analyzes the status of the right to remedial secession in international law. Arguments in support of the existence of such a right were primarily based on the principle of democracy. Secession of quebec, re, reference to supreme court, 1998. Many canadian law school libraries have copies of recent examinations on file. The increasing importance of reference decisions in. 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.
Behold international law the right to unilaterally declare independence of quebec from. Reference re secession of quebec university of windsor. Canada has let quebec vote in referendums twice 1980 and 1995. Reference re secession of quebec case brief quimbee. Landmark case reference re secession of quebec 2012 jen. Reference re assisted human reproduction act, 2010 part two. And in the matter of a reference by the governor in council concerning the proposal for an act respecting certain as pects of legal capacity for marriage for. Under international law, is there a right to selfdetermination that would give the national assembly, l. Many international lawyers intervened in the proceedings, helping the canadian supreme court to craft a very clear judgement on this issue. The various international documents that support the existence of a peoples right to. It sometimes brings hope to minorities that are in despair and who feel permanently excluded from policy making. The supreme court of canadas advisory opinion in reference re secession of quebec, 1998 also known, more simply, as the quebec reference case has been the subject of much interpretation.
Constitutional theory and the quebec secession reference. The court did not explore the question of whether the population of 2. 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.
In the matter of section 53 of the supreme court act, r. 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. Reference re secession of quebec scc cases lexum skip to main content. In reference re secession of quebec from canada,4 the supreme court of. Toronto star, august 22 1998 available in lexisnexis, news library, allnws file. 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. Few domestic decisions are quoted so often by international lawyers, and, in fact, the 1998 canadian reference played a major role in the written briefs submitted by the states that intervened in the proceedings of the 2010 advisory opinion. Constitution, 1982 was an illegitimate document, as it had not received. The reference of the supreme court of canada re secession of quebec was the first time a tribunal directly addressed unilateral secession. The question of quebec sovereignty reference re secession of quebec. First, an independent quebec has no right to territory gained in.
Subsequent references are to the courts paragraph numbers. First, whether the canadian constitution and domestic laws permitted unilateral secession to be effected by quebec s government or legislature. Editorial, court answe r s succeed the kitch e n e r. Canadian constitutional law requires changes to existing borders, particularly if the aboriginal communities of ungava maintain their opposition to becoming part of an independent quebec, for three reasons. Constitutional jurisprudence shows that democracy exists in the larger context. The secession reference and the limits of law request pdf. Supreme court scc published on by oxford university press. Nov 18, 2014 reference re secession of quebec reference re secession of quebec, 1998 2 scr 217. A positive impact for all 22 quebeckers and all canadians. The right of a people to selfdetermination cannot be said to ground a right to unilateral secession. 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. Democracy, however, means more than simple majority rule. 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. 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.
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