International Recognition in the Supreme Court of Canada’s Québec Reference

Abstract

SummaryIn its August 1998 reference, Reference Re Secession of Québec, the Supreme Court of Canada discussed the topic of the international recognition of Québec. The authors argue that the Court is incorrect in its suggestion that recognition is a precondition for statehood, confusing legal and political factors. In the authors’ view, the introduction of the concept of international recognition by the Court is an attempt to provide a sanction against unilateral secession and to back up the Court’s view that there is an obligation to negotiate any departure by Québec. The result, the authors consider, is unsatisfying for it leads the Court into legal error and political conjecture.