Reference re Secession of Quebec

Reference re Secession of Quebec is the name of an opinion of the Supreme Court of Canada from 1998 to questions concerning secession of Quebec from Canada.

The full citation reads Reference re Secession of Quebec, 2 SCR 217 " Reference" indicates that this is a so-called "reference question". These are questions of law which may provide the Supreme Court, the Canadian federal government. The opinion of the court on such matters are not legally binding, but were never violated. With "Reference re" those legal issues are referred to, have regard to the Constitution of Canada.

Background and issues

Background were the secessionist tendencies in Quebec and two led by the Parti Québécois initiated and a third planned referendum on the independence of Quebec. The first referendum in 1980 failed, with a minority of 40.44 %, the second referendum in 1995 with only 49.42 % of the vote. An advertised in 1996 by the Parti Québécois third referendum and an already ahead of the second referendum adopted by the National Assembly of Quebec law on the future of an independent Quebec in the event of success of the referendum prompted the federal government to act.

To clarify the legal situation, the Canadian federal government submitted to the Supreme Court in 1996 following three questions:

Opinion of the Court

The Supreme Court took after hearing the parties from February 16 to 19 on 20 August 1998 comment on the questions.

Reaction of the Government of Québec

The Government of Québec welcomed the opinion of the Court, as it had been found that the referendum strategy could lead to the goal, and the Canadian federal government and the governments of other Canadian provinces would have to negotiate in the case of a corresponding referendum on secession.

Reaction of the Canadian Federal Government

The federal government welcomed the opinion of the Court, since this clearly imagine that Quebec could not unilaterally bring about secession.

Following the opinion of the Supreme Court adopted the federal parliament in 2000, the Clarity Act, which lays down the conditions under which a province with the Canadian Federal Government may enter into negotiations on secession.