1998 Canadian Supreme Court case on the ability of Quebec to legally secede from Canada
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Reference Re Secession of Quebec
Supreme Court of Canada
Hearing: February 16–19, 1998 Judgment: August 20, 1998
Quebec cannot secede from Canada unilaterally; however, a clear vote on a clear question to secede in a referendum should lead to negotiations between Quebec and the rest of Canada for secession. However, above all, secession would require a constitutional amendment.
Court membership
Chief Justice: Antonio Lamer Puisne Justices: Claire L'Heureux-Dubé, John Sopinka, Charles Gonthier, Peter Cory, Beverley McLachlin, Frank Iacobucci, John C. Major, Michel Bastarache
Reasons given
Unanimous reasons by
The Court
Reference Re Secession of Quebec, [1998] 2 SCR 217 is a landmark judgment of the Supreme Court of Canada regarding the legality, under both Canadian and international law, of a unilateral secession of Quebec from Canada.
Both the Quebec government and the Canadian government stated they were pleased with the Supreme Court's opinion, pointing to different sections of the ruling.
^SCC Case Information - Docket 25506 Supreme Court of Canada
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Declaration of Independence – Republic of Lower Canada – Act of Union – Canada East – Confederation – Quebec – ReferencereSecessionofQuebec – More.....
sophisticated discussion of constitutional law and human rights principles for secession, see ReferenceReSecessionofQuebec [1998] 2 SCR 217, particularly...
the Future ofQuebec (1995) 1997 Calgary Accord ReferencereSecessionofQuebec (1998) Clarity Act (1998) Act respecting the exercise of the fundamental...
Quebec nationalism Quebec sovereigntism Quebec federalism Quebec Charter of Human Rights and Freedoms ReferencereSecessionofQuebec Bill 78 Hicks, Bruce...
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constitution by the preamble of the Constitution Act, 1867. Unlike conventions, they are legally binding. In ReferencereSecessionofQuebec, the court ruled that...
(Speaker of the House of Assembly) (1993) and ReferencereSecessionofQuebec (1998), and one scholar called it a "very old and venerable" feature of common...
of those Acts. However, the Supreme Court of Canada has found that this list is not intended to be exhaustive, and in 1998's ReferencereSecession of...
In the context of the United States, secession primarily refers to the voluntary withdrawal of one or more states from the Union that constitutes the...
limited the four unwritten principles of the Constitution, which were outlined in ReferencereSecessionofQuebec. It reaffirmed that a textual basis for...
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