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. Reference re secession of quebec probe international. Reference re secession of quebec university of windsor. In the matter of section 53 of the supreme court act. Secession of quebec and the future of canada on jstor. Quebec has held two plebiscites on splitting from canada in 1980 and 1995 under previous parti quebecois majority governments. This raised the eyebrows of the federal government and forced them to become prepared in case a referendum were to take place. The territorial scope of an independent quebec abstract in reference re secession of quebec, the court identified quebecs borders as a critical issue in any secession negotiation. Quizlet flashcards, activities and games help you improve your grades. Reference re secession of quebec 217 in the matter of section 53 of the supreme court act, r. The right of a people to selfdetermination cannot be said to ground a right to unilateral secession.
The clarity act, in contrast to bill 99, stipulates that a quebec referendum must result in a clear majority in favour of secession before beginning any negotiations. Arguments in support of the existence of such a right were primarily based on the principle of democracy. Scc decision means feds cant refuse to negotiate, but can put up many obstacles to quebec secession. The quebec secession reference and the proposed charter of quebec values casepolicy considered. It is also taught by many constitutional law professors as our first case, given its important pronouncements on sources of constitutional law and canadas constitutional history and values. Through the merger both parties hope to, among other things. Quebec secession reference by hillary kendrick on prezi. Former president bill clinton speaks at the clinton global initiative on sept. Expulsion and the european union a challenge to theorizing. The court in this reference is required to consider whether quebec has a right to unilateral secession. Under the constitution of canada, can the national assembly, legislature of government of quebec effect the secession of quebec from canada unilaterally. Federal constitutional courts decision in the kernkraftwerk. If the members approve the merger, quebec would be the first province to implement the change as early as april 2012, cica leaders have said.
Expulsion or negotiated secession, in the ashgate research companion to secession, ed. Secession reference, handed down its decision on the. Under international law, is there a right to selfdetermination that would give the national assembly, l. Reference re secession of quebec, a 1998 opinion by the supreme court of canada. What are the arguments for and against the secession of quebec from canada. In canada, it is a term commonly associated with various movements or parties in quebec. Rayfuse, rosemary reference re secession of quebec from. Montrealquebecs sovereigntist government plans to replace a high school history program that promotes citizenship and diversity with one. Remedial secession a right to external selfdetermination.
However, if a clear majority of quebecers unambiguously opts for secession, the federal government and the other provinces would have a constitutional duty. Secession of quebec, the fact that selfdetermination does not grant a right to secession, but the court also speculated that secession might be an entitlement where it is demanded by oppressed peoples. Reference re secession of quebec the canadian encyclopedia. Canlii connects reference re secession of quebec 1998 c. The content of the right to external selfdetermination 84 4. Under the constitution of canada, can the national assembly, legislature or government of quebec effect the secession of quebec from canada unilaterally. The result of a referendum in october 95 was a slim defeat of the initiative by 50.
The annexation of crimea and the boundaries of the will of. Editorial, court answe r s succeed the kitch e n e r. Mr69v 2011 3 of 4 4 authorization or power of attorney complete the lines that apply, then sign part 6. 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. Womens hospital foundation and womens physician health organization 42396 this complaint alleged that a baton rouge hospital authorized its affiliated physician organization to develop a minimum fee schedule for its member doctors and to negotiate with.
Conclusions 94 iv traces of a remedial right to unilateral secession in contemporary international law. Jacquesyvan morin former quebec intergovernmental affairs minister. The governor in council presented three questions to the court. It has been argued by jeremy webber and robert andrew young that, as the office is the core of authority in the province, the secession of quebec from confederation would first require the abolition or transformation of the post of lieutenant governor of quebec. A merger of two or more big railroads would increase the combined carriers commercial breadth and scope, and broaden the services it could offer. 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. But a 50state secession erases both those problems. Secession of quebec and the future of canada book description. The merger between quebecs two small sovereignist parties is now official. Democracy, however, means more than simple majority rule. The grand council of the crees of quebec, a corporation duly incorporated, acting on its own behalf, on behalf of the james bay crees and on behalf of the cree bands of fort george, old factory, eastmain, rupert house, waswanipi, mistassini, nemaska and great whale river, and represented by its undersigned authorized representatives. In the matter of section 53 of the supreme court act, r.
The federal and provincial governments have a duty to find, together, the means to ensure canadas. 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 finally released their plans for a charter of. The constitutional obligation to negotiate 1998 10. 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. The latter, more drastic form of selfdetermination, socalled external selfdetermination, gets triggered by the mother states utmost lack of respect for the relevant people. The quebec secession reference and the proposed charter of. Remedial secession a right to external selfdetermination as. Distinct society status veto power there were two attempts to achieve these rights. This article deals with the legal aspects related to the most recent attempt 1995 by quebec to secede from canada. This disambiguation page lists articles associated with the title secession of quebec. Reference re secession of quebec case brief quimbee.
Under the terms of the merger agreement, which was approved by the companys shareholders at an extraordinary general meeting held on february 24, 2017, all. Can someone give me some specific reasons besides language and cultural differences. The supreme court of canada reaffirmed, in reference re. Constitutional theory and the quebec secession reference. Supreme court of canada, reference re secession of quebec, 1998 2 s. Canlii connects was created to make it faster and easier for legal professionals and the public to access highquality legal commentary on canadian court decisions.
Reference re secession of quebec, 1998 canlii 793 scc. Landmark case reference re secession of quebec 2012 jen. The status and subjects of the right to external selfdetermination 92 4. Sep 12, 20 the quebec secession reference case famously decided that quebec did not have the unilateral right to secede from canada under domestic or international law. Reference re secession of quebec, 1998 york university. Reference re secession of quebec case brief for law. The timing of this particular release coincides with the re emergence of quebec independence as a hot topic in the. Seymour and others published internal selfdetermination and secession find, read and cite all the research you need on researchgate. A summary and case brief of reference re secession of quebec, 37 i. In 1995, the parti quebecois held a referendum to determine whether the residents of quebec wanted to separate from canada. The quebec agreement was a secret agreement between the united kingdom and the united states outlining the terms for the coordinated development of the science and engineering related to nuclear energy, and, specifically nuclear weapons. View closing conditions for the northstar realty europe nre merger view financing conditions for the northstar realty europe nre merger is an information service and is not a recommendation, an offer, or a solicitation of an offer to buy or sell securities. Quebec separatists trounced as secession support wanes. There was a bit of grafitti on a highway overpass in portland, oregon, that stayed there for a very long time.
Both the quebec government and the canadian government stated they were pleased with the supreme courts opinion, pointing to different sections of the ruling. Merger, pursuant to the terms and conditions provided in an agreement and plan of merger merger agreement. The question of quebec sovereignty reference re secession of quebec. Dec 08, 2016 separatism refers to the advocacy of separation or secession by a group or people from a larger political unit to which it belongs. Disclosure of preliminary merger negotiations truth or. Quebec, a canadian province, unilaterally desired to secede from canada. Roosevelt on 19 august 1943, during world war ii, at the first quebec conference in quebec city, canada.
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. They are designed to provide a plain language summary of a. On 20 august 1998 the supreme court of canada, in reference re. First, whether the canadian constitution and domestic laws permitted unilateral secession to be effected by quebec s government or legislature. Approximately 20 percent of canadas accountants are in quebec. The judgment has been read as a statute that lays down the ro a d m a p to re fe r endum and secession. In modern times, separatism has frequently been identified with a desire for freedom from perceived colonial oppression. Northstar realty europe merger news and arbitrage profit. Lessons learned from the quebec secession reference before. 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. Form 23b only dynamic pdf form 23b only pdf for print notice to the profession amendments to the rules of the supreme court of canada. However, if a clear majority of quebecers unambiguously opts for secession, the federal government and the other provinces would have a constitutional duty to negotiate.
That in turn makes it a concept that is not instantly dismissed, in the minds of people who think on it. Subjects of international law universitetet i oslo. Constitutional jurisprudence shows that democracy exists in the larger context. This short article will address the two following issues. 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. Constitutional law secession of province unilateral secession whether quebec can secede unilaterally from canada under constitution. Antitrust division civil nonmerger cases june 1, 1996 through september 30, 1999 united states v. In reference re secession of quebec from canada,4 the supreme court of canada appears to have delivered the federal and provincial governments another. Strangely, 50 state participation may make secession more possible than one. If the mother states central government is so abusive toward the people that its. Reference re secession of quebec case brief rule of law.
The reasoning of the secession reference 1998 before the supreme court of canada canadas highest court will be explained and discussed critically from the perspective of international law, but bearing in mind the specificities of canadian constitutional law. Yet democracy in any real sense of the word cannot exist without the rule of law. Goelzer must a publiclytraded company disclose that it is involved in confidential merger negotiations when those negotiations have not yet resulted and may never result in a definitive agreement as to the price and structure of the transaction. Ojen produces landmark case packages on important and controver sial areas of canadian law. After considering the case, the governor in council referred three questions to the supreme court of canada. Constitutional principles in the context of secession. Reference re secession of quebec, 1998 case 48 teodora pop two conditions set by the liberal government of quebec. Right to selfdetermination in in re secession of quebec. The court added that quebec could hold a referendum of secession and, given a clear question and a clear majority in favour of secession, the rest of canada, in such a case, would be constitutionally obliged to negotiate the terms by which quebec would accede to independence, and that such a secession must conform to important basic principles, namely, the rule of law, federalism, the protection of minorities and democracy. Reference re secession of quebec, 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. Nov 18, 2014 reference re secession of quebec reference re secession of quebec, 1998 2 scr 217. The current debate about quebecois separatism is the culmination of centuries of tension between englishcanada and frenchcanada. The status and subject thse o righf t to external 92 4.
1096 599 1060 1279 310 815 1359 35 1371 1279 655 940 700 1288 664 161 777 582 1019 1017 74 1003 186 281 700 776 849 1004 84 810 621