Supreme Court of Canada FEDERAL GOVERNMENT REFERENCE TO THE SUPREME COURT OF CANADA logo
 

Not only is no man above the law, but also every man, whatever be his rank or condition, is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals.
A. V. DICEY, Law of the Constitution, 177.

For inasmuch as reason is beautiful and gentle, and not violent, her rule must needs have ministers in order to help her in vanquishing the other principles.
PLATO, Laws I, 644.
 

INFORMATION


More Background -
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Federal Department
of Justice

Supreme Court of Canada

Quebec Department
of Justice

Bloc Québécois

More Coverage-
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t i m e l i n e

August 21, 1998 - Bouchard changes his tune and accepts parts of the ruling (in French) causing Unity Minister Dion to fire back once again.

August 20, 1998 - Decision released - full text (150k)

Synopsis:

  • Answers are no; no; no need to respond
  • The four fundamentals of the Constitution lie in federalism, democracy, the rule of law and constitutionalism, and respect for minorities. None of these trumps the other.
  • A unilateral declaration of independence is illegal - secession must happen by achieving constitutional reform
  • All parties must negotiate if Quebec separatists gain a clear majority on a clear question

March, 1998 - Canada's Attorney General files further arguments on March 5, March 13, and March 27. Crees respond to questions from the bench on March 18.

February 19, 1998 - Judges ask surprisingly pointed questions. These curveballs throw lawyers off balance, and hint at a broad-reaching judgement.

February 18, 1998 - Arguments ended. Court postpones questions for intervenors to following day.

February 16, 1998 - Arguments commence before the Court.

February 13, 1998 - Separatist Yves Michaud drops out of case.

February 12, 1998 - Lucien Bouchard's speech to Université de Montréal law faculty (français).

January 15, 1998 - The Attorney-General responds. (Text of her Reply)

December 18, 1997 - Joli-Coeur files arguments. He questions the Court's jurisdiction to hear the case, requesting an order that the Court refuse to answer any of the questions in the Reference.

July 14, 1997 - Joli-Coeur appointed Friend of the Court (see below)

June 1997 - After the federal election in June, 1997, the new Justice Minister for the Government of Canada is Anne McLellan.

February 27, 1997 - Lead federal lawyer Yves Fortier filed thefactum of the Attorney General of Canada in the case.
Assisting the factum is the opinion of two eminent jurists, one from Australia, and one from Switzerland. (summary of the experts' opinions)
Saskatchewan, Manitoba and the Yukon and Northwest Territories have intervenor status in the case. Applying for intervenor status as well:

  • Three native groups: the Grand Council of the Crees (their factum), an association of Micmacs and Algonquins, and the Kitigan Zibi Anishinabeg, another Algonquin group;
  • Roopnarine Singh et al;
  • Two federalist lawyers: Montrealer Stephen Scott and former Parti Quebecois member Guy Bertrand (summary of his factum);
  • Two groups interested in minority rights: the Ad Hoc Committee of the Canadian Women on the Constitution and the Minority Advocacy and Rights Council;
  • The lone separatist intervenor, Yves Michaud, a longtime Parti Quebecois supporter, dropped out of the case February 14, 1998 (his factum)

December 28, 1996 - Ottawa filed more than 1,000 pages of documents at the court on Dec. 28, 1996. One is a letter that Deputy Premier Bernard Landry sent to Canadian ambassadors from foreign countries on the day of the last referendum. In it, Landry tells the foreign representatives of the "highly democratic and innovative" referendum process, centred on a "clear and precise" question. After negotiations regarding a Quebec-Canada 'partnership' but regardless of their outcome, the letter states "the National Assembly of Quebec will proclaim the sovereignty of the new State." That's when "the moment will have come to recognize (the new country), without this gesture endangering good relations with the rest of Canada.".

September 26, 1996 - Government of Canada announced the referral of three questions to the Supreme Court.

  • Statement by the Honourable Allan Rock, September 26, 1996
  • Letter of Allan Rock to the Minister of Justice and Attorney General of Quebec Paul Bégin, September 26, 1996

t h e  q u e s t i o n s
  Then Justice Minister / Attorney General of Canada Allan Rock announced in 1996 that the Canadian government would seek a unity ruling from the Supreme Court, claiming his hand was forced by recent statements from the separatist government in the Bertrand case (... for more background). Here are the questions that the Government of Canada asked the Court:
  1. Under the Constitution of Canada, can the National Assembly, legislature or Government of Quebec effect the secession of Quebec from Canada unilaterally?
  2. Does international law give the National Assembly, legislature or Government of Quebec the right to effect the secession of Quebec from Canada unilaterally? In this regard, is there a right to self-determination under international law that would give the National Assembly, legislature or Government of Quebec the right to effect the secession of Quebec from Canada unilaterally?
  3. In the event of a conflict between domestic and international law on the right of the National Assembly, legislature or Government of Quebec to effect the secession of Quebec from Canada unilaterally, which would take precedence in Canada?
  
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