The Law of Secession in Canada

Abstract

This chapter discusses the landmark 1998 decision of Reference re Secession of Quebec, in which the Supreme Court of Canada considered whether the province of Québec could unilaterally secede from the rest of Canada. Historical context is provided outlining the alienation of Québec in the later part of the twentieth century, in particular from the enactment of far-reaching amendments to the Constitution of Canada without that province’s support. The chapter then focuses on the Supreme Court’s remarkable use of unwritten constitutional principles, which provide the legal basis for a set of procedures governing secession. These procedures, triggered by a successful referendum in one province, require all parties to the federation to negotiate their positions in good faith. The chapter concludes by considering legislation enacted by the national government and by the province of Québec in the immediate aftermath of the Secession Reference.