Canada: The Supreme Court Sets Rules for the Secession of Quebec

Abstract

The Supreme Court of Canada ruled in 1998 that neither the Canadian constitution nor international law allows Quebec to secede from Canada unilaterally. Secession would require amending the constitution. 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. This is an obligation that the court declared to be implicit in four principles that inform and sustain the constitutional text-federalism, democracy, constitutionalism and the rule of law, and respect for minorities. The same set of principles would govern the negotiations themselves. Accordingly, Quebec could not dictate the terms of secession, and one cannot assume that agreement would be reached. If negotiations fail, and Quebec declares independence unilaterally, the international community would have to decide whether Quebec's action was legitimate.