Quebec Referendum Lines are Drawn
Federal Government Clarity Bill
Dateline: 12/19/99
The federal and Quebec governments have each introduced their own version of legislation on how the next referendum on the separation of Quebec from Canada should be run.
Federal Government - A Clear Question
The federal government has taken the initiative in reviving the national unity debate by introducing a "Bill on Clarity."
The legislation follows up on the 1998 Supreme Court decision which said that Quebec could not unilaterally separate from Canada. The Court also said that if there was "a clear majority vote on a clear question in favour of secession," the government and other Canadian provinces would be required to negotiate the terms of secession in good faith.
The draft Clarity Bill sets out the process by which the federal government would determine if a "clear question" was being asked in a referendum on separation. The bill stops short of giving a specific definition of what it would consider a "clear majority," but it does indicate that a vote of 50 percent plus one might not be enough to justify negotiations.
The bill calls for the House of Commons to give an opinion on the clarity of a referendum question on secession within 30 days of the release of the question.
Under the terms of this legislation, the House of Commons could consider the size of the majority of votes cast for secession, voter participation, and the views of "other political actors," including other parties in the legislative assembly of the province calling the referendum, legislatures in other provinces and the Senate.
The bill also says that negotiations for secession would involve "at least" the governments of all Canadian provinces as well as the federal government. The negotiations would have to cover
- division of assets and liabilities
- changes to borders
- rights, interests and territorial claims of Aboriginal peoples
- minority rights
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