THE GOVERNMENT OF CANADA PRESENTS A DRAFT BILL ON CLARITY

OTTAWA, ONTARIO, December 10, 1999 – The Government of Canada has given effect to the opinion of the Supreme Court in the Quebec Secession Reference by presenting a draft bill that states the circumstances for clarity under which the Government of Canada would be obliged to enter into negotiations on the possible secession of a Canadian province, the Honourable Stéphane Dion, President of the Privy Council and Minister of Intergovernmental Affairs, stated today.

The draft bill is reasonable, the Minister stated, because it seeks to set out the principles and procedures that would guide the House of Commons in determining what would constitute a sufficiently clear question and majority.

The Minister noted that in paragraph 87 of its opinion, issued on August 20, 1998, the Court stated that: "The referendum result, if it is to be taken as an expression of the democratic will, must be free of ambiguity both in terms of the question asked and in terms of the support it achieves."

The draft bill recognizes that Quebec's National Assembly, or the legislative assembly of another province, can ask citizens any question it wants in a referendum, the Minister stated. In accordance with the Court's opinion, the draft bill is designed to announce well in advance that the Government of Canada would not negotiate secession unless there were a clear will for separation among the population, the Minister explained.

In presenting this draft bill, the Government of Canada is assuming its responsibilities, Mr Dion noted. The Court stated in paragraph 153 that "[...] it will be for the political actors to determine what constitutes "a clear majority on a clear question" [...] Equally, in the event of demonstrated majority support for Quebec secession, the content and process of the negotiations will be for the political actors to settle." The Government of Canada is one of the "political actors" referred to by the Court, the Minister added.

The draft bill does not set a framework for a referendum, the Minister asserted; it sets a framework for the Government of Canada. It creates an obligation for the Government of Canada to negotiate if things are clear, and an obligation not to negotiate if they are not.

The draft bill also states that the Government of Canada would not enter into any negotiations if the question were unclear and, for that reason, would not result in a clear expression of the will of the province's population to cease to be part of Canada.

A question on a mandate to negotiate that would not solicit a direct expression of the will of the population as to whether the province should cease to be part of Canada, or a question offering other possibilities in addition to secession, including a political or economic arrangement with Canada, could not result in an expression of the will of the population to effect secession.

Introducing other elements in the question would make it impossible to know what people really want, Mr Dion explained. In the Court's words, there must be a "clear expression of the desire to pursue secession by the population of a province" (par. 88) to give rise to an obligation to negotiate, and a clear expression that Quebecers "no longer wish to remain in Canada". (par. 92)

The draft bill sets out a number of criteria relating to a clear majority. It also states that the Government of Canada would not enter into negotiations on secession unless the House of Commons concluded that a clear majority of the province's population had clearly expressed its will that the province cease to be part of Canada.

Secession cannot be effected through a unilateral declaration of independence, the Minister stated. It requires a constitutional amendment, following negotiations.

Mr Dion noted that the Government of Quebec continues to suggest that it will hold another referendum during its present mandate. The Government of Canada therefore feels that it needs to act now to ensure the clarity of the process, in an atmosphere of calm, rather than in the turbulence of a referendum campaign. Since Mr Lucien Bouchard, in spite of Prime Minister Chrétien's appeal, does not want to renounce his plans to hold a referendum during the current mandate, or to guarantee a clear referendum process, we have an obligation to act, the Minister concluded.

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For information:
André Lamarre
Special Assistant
(613) 943-1838

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