|
A draft bill to give effect to the summary requirement
for clarity as set out in the opinion of the Supreme Court of Canada in the
Quebec Secession Reference
Within 30 days of a provincial government officially releasing a referendum
question on secession, the House of Commons would express its opinion, by
resolution, as to whether the question is clear. The Government of Canada would
not enter into secession negotiations if the House found that a vote on the
question would not result in a clear expression of the will of the population of
the province on whether the province should cease to be part of Canada.
In reaching its assessment, the House would take into account the views of
other political actors (political parties in the legislative assembly of the
province whose government is proposing secession, other provincial or
territorial governments or legislatures or the Senate).
A question would not be considered clear if it focused on a mandate to
negotiate without soliciting a direct expression of the will of the population
of a province on whether the province should cease to be part of Canada, or if
it suggested other possibilities, in addition to secession, such as economic or
political arrangements with Canada, thus obscuring a direct expression of the
will of the population of the province on whether the province should cease to
be part of Canada.
If, following a referendum on secession, a provincial government sought to
negotiate secession, the House would express, by resolution, its opinion as to
whether there had been a clear expression of a will by a clear majority of the
population of the province that the province cease to be part of Canada. The
Government of Canada would not enter into negotiations unless the House had
concluded that there had been such a clear expression of a will by a clear
majority of the population of the province.
In reaching its assessment, the House would take into account matters it
considers relevant, including the size of the majority of valid votes cast in
favour of secession, voter participation and the views of other political actors
(political parties in the legislative assembly of the province whose government
proposed the referendum on secession, other provincial or territorial
governments or legislatures or the Senate).
Secession would require an amendment to the Constitution, which would require
negotiations involving at least the governments of all the provinces and the
Government of Canada. No Minister of the Crown would propose a constitutional
amendment unless the negotiations had addressed relevant secession terms,
including the division of assets and liabilities, any border changes for the
province, the rights, interests and territorial claims of Aboriginal peoples and
the protection of minority rights.
|
