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THE HONOURABLE STÉPHANE DION ILLUSTRATES THE MERITS OF
REQUIREMENTS FOR LEGALITY AND CLARITY THROUGH
EXAMPLES FROM NORTHERN EUROPE
REYKJAVIK, ICELAND, August 5, 1999 –
Speaking to the members of the Nordic Association for Canadian Studies, the
Honourable Stéphane Dion, President of the Privy Council and Minister of
Intergovernmental Affairs, demonstrated the merits of requirements for legality
and clarity in referendums on secession, citing experiences from countries in
Northern Europe.
The Minister first presented the Government of
Canada's position on secession. He noted that, unlike many of the most
democratic countries which prohibit secession in their Constitution, including
some countries in Northern Europe, Canada has adopted an approach that is based
on the voluntary adhesion of its provinces.
Mr. Dion pointed out, however, that the
Government of Canada believes that an attempt at secession should be negotiated
within an established legal framework, and not undertaken unilaterally by a
provincial government. He noted that the Supreme Court of Canada, in its opinion
rendered on August 20, 1998, set out the two major principles of legality and
clarity: "The nine justices of the Supreme Court, three of whom come from
Quebec, unanimously confirmed that a unilateral secession has no legal basis,
neither in Canadian law nor in international law. The Court added that the
obligation to undertake negotiations on secession does not exist unless
Quebecers clearly give their support to secession, by means of a clear majority
on a clear question about secession."
Mr. Dion then examined cases of secession in
Northern European countries, which he believes illustrate the merits of the
principles of legality and clarity set out by the Supreme Court of Canada.
Indeed, he noted that many of those cases were placed before the Supreme Court
when the reference was heard.
The Minister explained that the principle of
legality was well illustrated by the case of the Aaland Islands. In the early
1920s, the Islands sought to secede from Finland, despite Finland's opposition.
The issue was referred to the League of Nations, which appointed two
commissions. The commissions ruled that Finland's sovereignty over the Islands
was incontestable, that the Islands had no right to secession, whether by
plebiscite or otherwise, and that the right to self-determination should not be
confused with the right to secession. The Aaland Islands are still a part of
Finland.
The Minister also stressed that, in addition to
legality, state practice must also be considered. He noted that the
international community has shown itself extremely reluctant to recognize
unilateral secessions outside the colonial context. To illustrate this deep
aversion of the international community to unilateral secessions, Mr. Dion cited
the case of the Baltic republics, focussing in particular on Lithuania:
"Before its independence was recognized, Lithuania had to face military
action by the Soviet Union, hold a referendum which clearly confirmed support
for independence, obtain the recognition of the President of Russia, Boris
Yeltsin, and wait until a failed coup attempt in the Soviet Union confirmed the
weakness of the Soviet government vis-a- vis Yeltsin."
The Minister then examined the requirement for
clarity in a referendum: "For a referendum to be able to lead to secession,
it must confirm the existence of a consensus in favour of secession." The
cases of Norway, which separated from Sweden in 1905; Iceland, which ended its
union with Denmark in 1944; the Baltic republics, which obtained their
independence from the Soviet Union in the early 1990s; and the Faroe Islands,
which tried to separate from Denmark in 1946, all demonstrate this need for
clarity. With the exception of the Faroe Islands, secession was effected in all
these cases following a referendum on a clear question; moreover, the percentage
of valid votes cast in favour of secession was between 74% and 99%. The Faroe
Islands' attempt at secession failed: the referendum question was clear, but
only 50.72% of the valid votes cast indicated support for independence. The
unilateral declaration of independence that followed that referendum was not
accepted by the Government of Denmark, and the Islands are still a part of
Denmark.
After stating that a vague question such as the
one posed in the 1995 referendum does not make it possible to determine whether
Quebecers really want to effect secession, and that it would be irresponsible to
enter into negotiations on secession on the basis of a slim majority, the
Minister concluded by saying that we must stop wasting our energy on referendum
after referendum. Together, Quebecers and other Canadians must devote their
efforts to the economic, social, cultural and environmental issues on which
their quality of life depends. Among those issues, Mr. Dion highlighted the
future of the North, this great ecological barometer of our planet, an issue
that Canada and the other Northern countries share.
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For information:
André Lamarre
Press Secretary
(613) 943-1838
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