| Abstract: | The Supreme Court of Canada ruled in 1998 that neither the Canadianconstitution nor international law allows Quebec to secede fromCanada unilaterally. Secession would require amending the constitution.However, if a clear majority of Quebecers unambiguously optsfor secession, the federal government and the other provinceswould have a constitutional duty to negotiate. This is an obligationthat the court declared to be implicit in four principles that"inform and sustain the constitutional text"—federalism,democracy, constitutionalism and the rule of law, and respectfor minorities. The same set of principles would govern thenegotiations themselves. Accordingly, Quebec could not dictatethe terms of secession, and one cannot assume that agreementwould be reached. If negotiations fail, and Quebec declaresindependence unilaterally, the international community wouldhave to decide whether Quebec's action was legitimate. |
