Abstract
Abstract This chapter focuses on the Secession Reference. The most dramatic and potentially influential decision to be reached in recent years is the opinion of the Supreme Court of Canada in the Quebec Secession Reference. In this case, the federal government, further to the Quebec referendum on sovereignty in 1995, asked the Supreme Court to offer its opinion on the legality of any future attempt by Quebec to secede unilaterally from Canada. The chapter develops two structural issues which emerged from the Secession Reference. The first concerns the ability of the court to appear sufficiently independent of the different sides involved. The second addresses the relationship between the courts and the constitution itself, and in particular the power which a court has to define, or indeed redefine, the relationship between the written constitution and the unwritten constitutional principles or rules which the judiciary considers underpin that written text.
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