Québec has a history of wanting to separate from Canada, but can it legally be achieved?
Introduction to the Québec Separatist Movement
In 1980, the government of French-speaking Québec held a provincial referendum asking if they should pursue Québec independence from predominantly English-speaking Canada.[1] The pursuit of succession was defeated by 59.56% of Québec voters in 1980. A second referendum was held in 1995, resulting in another rejection of Québec’s independence by 50.58%.[2] This narrow rejection of independence demonstrates the growing discontent of Québecers with the federal government during the 1990s.2
Due to the rising interest in sovereignty in Québec and the lawsuits that followed, the Supreme Court of Canada in the case of Reference re Secession of Québec 1998 answered the question of whether Québec could unilaterally secede from Canada and the steps the province would have to take to succeed.[3] The court held that Québec could not unilaterally secede from Canada and listed the constitutional reasoning and international law behind their decision.3
Case of Reference re Secession of Québec 1998
The Supreme Court of Canada held in Secession of Québec that the Canadian Constitution constitutes an integrated system of rules and principles, encompassing federalism, democracy, constitutionalism, the rule of law, and respect for minorities.3 These rules and principles created constitutional rights and obligations that would need to apply if the majority of Québecers voted in favour of secession.3 Since the formation of Canada, people from the different provinces and territories have intertwined economically, socially, politically and culturally with one another based on the principles and rules of the Constitution.3 Québec’s engagement in succession would put this relationship at risk for the people of all provinces and territories in Canada.3 As a result, a province under the constitution cannot unilaterally secede from Canada without negotiating with other participants in the Confederation of Canada.3
Conclusion
In conclusion, Québec could potentially separate from Canada, but it cannot do so unilaterally, even with a successful referendum.3 The only viable way for Québec, or any province or territory, to leave Canada would be to negotiate their way out of the Confederation.3 Therefore, the referendums in 1980 and 1995 were not binding.1 2 At the time of writing, Québec has not openly engaged in succession negotiation with the other participants of the Canadian Confederation, but that does not mean they would or could never seek separation.
References
[1] Québec Referendum (1980). (n.d.). The Canadian Encyclopedia. https://www.thecanadianencyclopedia.ca/en/article/Québec-referendum-1980
[2] Québec Referendum (1995). (n.d.). The Canadian Encyclopedia. https://www.thecanadianencyclopedia.ca/en/article/Québec-referendum-1995
[3] Reference re Secession of Québec, 1998 CanLII 793 (SCC), [1998] 2 SCR 217