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ER 49- Quebec Secession Reference (Supreme Court of Canada).docx

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Political Science
POLI 222
Christa Scholtz

ER 49: Quebec Secession Reference (Supreme Court of Canada) Introduction • questions to consider ◦ under the constitution, can the Nat'l Ass. (NA) effect secession UNILATERALLY ◦ does in't law give the NA the right to secede UNILATERALLY ▪ under right to self-determination in int't law ◦ which takes precedence in the issue: const. domestic law or int'l law? The Operation of the Constitutional Principles in the Secession Context • secession is as much a legal act as it is a political one • view to achieve statehood for a new terr. unit on the int'l plane • would require a const. amendment ◦ radical and extensive at that ◦ would alter the governance of CA terror. in a manner inconsistent with the current const. arrangement • const. lies within the power of the ppl of CA • UNILATERAL nature of QC secession is of great importance ◦ initiated by a single actor ◦ the final step cannot be unilateral • at least consider the fact that a referendum, while not legally binding, is a display of the ppl's democratic will ◦ creates obligation on all parties to Confederation to negotiate const. changes to respond to the issue ◦ const. changes in Canada only undertaken by elected reps of the ppl • the democracy principle cannot be invoked to trump the principles of federalism and the rule of law, the right of CA ppl, or democracy • ne
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