Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Quebec denied right to quit Canada

Andrew Marshall
Thursday 20 August 1998 23:02 BST
Comments

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

CANADA'S SUPREME Court tossed a hand grenade into the rancorous debate over the French-speaking province of Quebec yesterday. The court ruled that the Quebecois have no unilateral right to secede, but must negotiate their way out of the confederation if they wish to go.

The issue was raised after a referendum in 1995 saw Quebec within an inch of voting to quit Canada. The Parti Quebecois, the separatist party that has led the drive for sovereignty, argued then - and continues to do so - that if it won a referendum, it would have the right simply to cut loose and leave. This threat is partly aimed at gaining concessions from the rest of Canada in the event that Quebec wished to renegotiate an association with Canada.

The Supreme Court ruled yesterday that no such right of unilateral independence existed in Canadian law or international law. The court agreed that "the continued existence and operation of the Canadian constitutional order cannot remain unaffected by the unambiguous expression of a clear majority of Quebeckers that they no longer wish to remain in Canada". But, it said, "the primary means by which that expression is given effect is the constitutional duty to negotiate in accordance with ... constitutional principles".

The verdict will reinforce the view of many Quebecois that the federal institutions are set against them.

The court verdict creates a potentially dangerous situation. Quebec premier Lucien Bouchard, the PQ leader, is likely to press for a unilateral declaration of independence, which would put him outside the law. But the Canadian government probably would be unwilling to confront him over the issue, since it would create a stand-off that could only help him in a referendum.

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in