The Law & Politics of Quebec Secession

Review: describe the Emergencies Act

A federal statute to give the federal government temporary extraordinary powers during crisis; the actions will then be subject to Charter rights and challenged in court (requires parliamentary review and approval after use).

Review: describe the Notwithstanding Clause

A constitutional clause built into the Charter that can be used federally and provincially, allowing the government to pass a law that operates in spite of specific charter rights or from court striking; requires majority vote in parliament or provincial legislature.

How is Quebec distinct from the rest of Canada?

Majority francophone province with French Civil private law; historically more religious (catholic), rural, and with distinct culture and media.

What is the history on the formation of Québec?

Following defeat by the British, Parliament passed the Quebec Act (1774) to protect French Canadians; the French population outnumbered British administrators.

What was The Quiet Revolution?

Refers to a series of drastic political, societal, and cultural changes experienced in Québec during the 1960s.

How did The Quiet Revolution begin?

Liberals, lead by Jean Lesage, broke the hold of Union Nationale (conservatives) on June 22 1960.

What approach did Jean Lesage take for the liberals?

Made promises that Francophones will thrive in Canada and instituted reforms such as reduced voting age, government controlled education, nationalized hydroelectricity, and Quebec Pension Plan (welfare state).

What was Lesage’s goal for Québec?

Was not a separatist; wanted more power in Canada, to “Be the masters of their own house,” and prosperity for Quebecois, leading to an expanding nationalist consciousness.

What happened to Lesage and the liberals in 1966?

Lost the provincial election to conservative Union Nationale due to some opponents wanting more change, some wanting Quebec to be independent, and some thinking Lesage was too extreme.

Who won the federal election in 1965?

Liberal party formed by Lester Pearson, Jean Marchand, Gerald Pelletier, and Pierre Elliott Trudeau.

What was the outcome of the 1966 provincial elections in Quebec?

Union Nationale won 56 seats against Liberals’ 50 but Liberals got the popular vote.

When was the first referendum held in Québec?

May 1980 with a plan for sovereignty association.

What was the outcome of the sovereignty association (first) Québec referendum?

Rejected by 59.56% of the votes cast with a participation rate of 85.61%.

List the timeline of events in Québec from the Quiet Revolution

1960s Quiet Revolution, 1968 Pierre Trudeau becomes PM, 1971 Constitutional reform talks fail, 1976 Levesque PQ first wins Quebec provincial election, 1980 Sovereignty-association referendum, 1982 Constitution Act and Charter, 1987-1992 Constitutional negotiations, 1995 Second Québec referendum, 2026 PQ back in power.

What happened after the first Québec referendum failed in 1980?

Talks between federal governments and provinces stall during moves to secure a constitution in Canada; Trudeau announces he will proceed to unilaterally amend Constitution with the People’s Package.

What was the People’s Package?

An amending formula of 7/50, equalization commitment, and Charter of Rights and Freedoms.

How does Quebec relate to the constitutional negotations?

Constitution was patriated without Québec’s vote including the new amendment formula and Charter; Kitchen Accord.

Review: what was the Kitchen Accord?

An agreement between Pierre Trudeau and the provincial leaders to include the notwithstanding clause into the Charter.

How did Quebec respond to the creation of the Constitution and not getting its way?

Meech Lake Accord (1987-1990), Charlottetown Accord (1992); both constitutional reforms would give more powers to Quebec and both processes left the country more divided.

What was the outcome of the September 1994 Quebec provincial elections?

PQ took power in Quebec, bringing about the second referendum.

What was the question in the second referendum?

“Do you agree that Québec 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?”

What are the similarities between the first and second Québec referendum?

Québec sovereignty determined unilaterally (no need to comply with Constitution), sovereignty association (economic and political union) still preferred option.

What are the differences between the first and second Québec referendum?

First required the second referendum; second caused the federal government to retaliate and seek the court’s opinion/interpretation.

What occurred on Oct 27, 1995?

The Unity Rally; protesters advocating for Canada to remain united and for Québec not to separate.

What were the results of the second referendum?

50.6% voted NO, 49% voted YES with a 94% turnout; Canada left with victory without joy.

What might have occurred if the answer to the second referendum was a yes?

Canada plunged into confusion and conflict (Minister of Defence prepared to use army); PM Chretien’s Ministers ready to drop him.

What does the law say regarding secession?

Constitution is silent on rules for secession.

Who was Guy Betrand?

Lawyer who approached the court to ask for an injunction against the referendum as it would impact his Charter rights; court agreed but did not grant the injunction.

How did the federal government respond to Bertrand’s request?

Asked the court three questions regarding secession within constitutional law.

What was the federal government’s first question on secession?

Under the Constitution, can the National Assembly, legislature, or government of Québec effect secession unilaterally?

What was the court’s response to the federal government’s first question?

No; the Québec was bound by the Constitution Act of 1982 and the terms of the Constitution, particularly the amending formula and the Charter.

What was the federal government’s second question on secession?

Does international law give Québec the right to effect secession unilaterally?

What was the court’s response to the federal government’s second question?

No; Québec not experiencing colonial subjugation or oppression, nor have they been denied “meaningful access to government to pursue their political, economic, cultural, and social development.”

What was the federal government’s third question on secession?

If conflict between one and two were to occur, which takes precedence?

What was the court’s response to the federal government’s third question?

The court declared it was not necessary to answer.

The Québec Reference case birthed…

Four fundamental and organizing principles of the Constitution.

What are the four principles of the Constitution as outlined by the SCC?

OUR federalism, democracy, constitutionalism and the rule of law, and respect for minorities; no single principle can be defined in isolation from the others nor does any trump the operation of any other.

What do these principles mean for Québec secession?

Québec’s unilateral secession would violate the letter and the spirit of the Constitution.

Reminder: Why is the Constitution important?

Is the supreme law of the land stimulating the rules, defines the relationship between citizens and the state, and divides power between federal and provincial governments.

What are some important points from the court’ ruling?

Democracy cannot be used as a trump; however, the clear expression of self-determination by the people of Quebec must impose obligations (negotiations) on the federal government and other provinces.

When is there an obligation for negotiation?

When there is a clear majority vote on a clear question in favour of secession, which would confer democratic legitimacy and which all other participants in Confederation would have to recognize.

How did the court outline a clear majority on a clear question?

Court does not specify; declared the role of court was limited to the identification of relevant aspects of the Constitution in their broadest sense, has no supervisory role over the political aspects of constitutional negotiations, and subject only to political evaluation.

How did the court outline the determination of a clear majority/question?

House of Commons will determine a clear question (expression of the will of the population on whether it should become independent), and a clear majority (does not stipulate).

How can a secession legally happen?

Through Constitutional Amendment.

What other province may now push separation for political gain?

Alberta with its own referendum.