Reference Re Secession of Quebec has effect Clarity Act
Significance
The decision has been regarded as a model discussion in international law for questions of separation between national political entities, particularly in relation to the results of a referendum.
The Quebec government of Lucien Bouchard stated that it was very pleased with the opinion of the Supreme Court. Premier Bouchard stated publicly that the court had validated the referendum strategy that the sovereigntists had adopted with René Lévesque. Quebec was most satisfied when the court made it clear that the question of Quebec's political status was above all a political question, not a legal one. It also liked the fact that the Supreme Court made it clear that the government of Canada and that of the other provinces would have to negotiate after a winning referendum on secession. This would make a unilateral declaration of independence unnecessary.
The Canadian government of Jean Chrétien stated that it was pleased with the court's opinion. The Supreme Court had made it clear that Quebec could not declare independence unilaterally. Any obligation of Canada to negotiate with Quebec was conditional on the sovereigntists' asking a clear question within the context of a referendum. The government of Canada subsequently drafted the Clarity Act, which Parliament then enacted.
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