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 Summit of the Americas 2001

The Clarity Act

February 10, 2000

The Clarity Act, which defines what conditions would have to be met for the government to enter into negotiations following a referendum on secession, has now gone to a legislative committee of the House of Commons.

Like all committees of the House of Commons, the committee itself will decide on the list of witnesses and whether there will be opportunity to travel. It should be remembered that this bill affects all of Canada and not just a single province.

The Legislation squarely follows the opinion of the Supreme Court, and as "political actors" as identified by the Court, the House of Commons and the Government of Canada have a duty to make their views known on what, in their eyes, constitutes "a clear majority on a clear question."

Insisting on clarity is about respecting the right of Quebecers to make an informed choice. It is about respecting democracy.

Those who choose to obstruct the democratic system with cynical delaying tactics to prevent a real debate should be held accountable for their own anti-democratic actions.

We are not suddenly "changing the rules." Faced with the confusing question in the 1980 referendum, then Prime Minister Trudeau said that he would not negotiate even if the Yes side obtained a majority. Faced with the confusing question in the 1995 referendum, Prime Minister Chrétien also said he had "a constitution to respect" and could not authorize negotiations if the Yes side obtained a majority.

The question in 1995 was so confusing that even Mario Dumont – one of the three leaders who signed the "deal" referred to in the question – now says he is not and has never been a sovereignist. If he is so confused, imagine the average citizen!

The requirement for clarity is not an arbitrary one, nor is it in any way anti-democratic. This is after all, the gravest of matters, entailing the possible break up of our country and the traditions of democracy and the rule of law must be respected.

Here again, the Supreme Court has clearly shown the way to go: "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 role of the House of Commons in a referendum is not to dictate the question - in place of the National Assembly or any other legislature- but to ensure that everyone is aware of the criteria that must be fulfilled before the House of Commons and Government of Canada could negotiate the end of their constitutional obligations towards the people of a province.

The federal government - the government of all Canadians - believes that acting with clarity, and acting now - during a time of calm rather than during the tumult of a referendum campaign - is simply the responsible thing to do.

Because it ensures that Quebecers and other Canadians will never lose their country in confusion, this bill is pro-democracy and pro-Quebec.


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