The Clarity Act (known as Bill C-20 before it became law) is legislation of Canada's federal parliament that established the conditions under which the Government of Canada would enter into negotiations that might lead to secession following such a vote by one of the provinces. It stipulated that in order to lead to separation negotiations, a referendum on independence in a given province would have to have "clearly" (according to the judgment of the Canadian House of Commons) framed its question to voters in terms of independence, and that the result would have to be a "clear majority" in favor, rather than merely, for instance, a 50%+1 majority. The Parliament of Canada (French: Parlement du Canada) is Canadas legislative branch, seated at Parliament Hill in Ottawa, Ontario. ... Secession is the act of withdrawing from an organization, union, or political entity. ... Ballots of the Argentine plebiscite of 1984 on the border treaty with Chile A referendum (plural: referendums or referenda) or plebiscite (from Latin plebiscita, originally a decree of the Concilium Plebis) is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. ... The House of Commons (French: Chambre des communes) is a component of the Parliament of Canada, along with the Sovereign (represented by the Governor General) and the Senate. ...

This act was spawned by the 1995 Quebec referendum and ongoing independence movement in that province. In 1996, the initial attempt to pass a similar bill by then Reform MP Stephen Harper did not pass first reading. Known as Bill C-341, or the Quebec Contingency Act, it served as a model for the subsequent Clarity Act of 2000.^[1] Bill on the referendum and eventual declaration of independence. ... The Quebec sovereignty movement is a political movement aimed at attaining independent statehood (sovereignty) for the Canadian province of Quebec. ... Stephen Joseph Harper (born April 30, 1959) is the 22nd and current Prime Minister of Canada and leader of the Conservative Party of Canada. ... The Quebec Contingency Act (Bill C-341) was a private members bill tabled in Canadas federal parliament in 1996 to establish the conditions which would apply to a referendum regarding the separation of Quebec from Canada. ... The Quebec Contingency Act (Bill C-341) was a private members bill tabled in Canadas federal parliament in 1996 to establish the conditions which would apply to a referendum regarding the separation of Quebec from Canada. ...

The content of the Clarity Act was based on the 1998 secession reference to the Supreme Court of Canada made by the federal government under Jean Chrétien. First introduced in the Canadian House of Commons on December 13, 1999, it was subsequently passed by the Commons on March 15, 2000, and by the Senate on June 29, 2000. Reference re Secession of Quebec [1998] 2 S.C.R. 217 was an opinion of the Supreme Court of Canada regarding the legality, under both Canadian and international law, of a unilateral secession of Quebec from Canada. ... The Supreme Court of Canada (French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian justice system. ... Joseph Jacques Jean Chrétien, usually known as Jean Chrétien, PC, QC, BA, LLL, LLD (born January 11, 1934), served as the twentieth Prime Minister of Canada from November 4, 1993 to December 12, 2003. ... The House of Commons (French: Chambre des communes) is a component of the Parliament of Canada, along with the Sovereign (represented by the Governor General) and the Senate. ... December 13 is the 347th day of the year (348th in leap years) in the Gregorian calendar. ... 1999 (MCMXCIX) was a common year starting on Friday, and was designated the International Year of Older Persons by the United Nations. ... March 15 is the 74th day of the year in the Gregorian Calendar (75th in Leap years). ... This article is about the year 2000. ... The Senate of Canada (French: Le Sénat du Canada) is a component of the Parliament of Canada, along with the Sovereign (represented by the Governor General) and the House of Commons. ... June 29 is the 180th day of the year (181st in leap years) in the Gregorian Calendar, with 185 days remaining. ... This article is about the year 2000. ...

Background

Ambiguity of Referendum Question

The motivation behind the Clarity Act was largely based on the near separation vote of the 1995 Quebec referendum, in which the people of Quebec voted against the sovereignty option by a razor-thin margin (50.58% to 49.42%). Many federalists in Ottawa were caught off-guard by the results and believed that the referendum results would have no legal standing under Canadian law. Bill on the referendum and eventual declaration of independence. ... Sovereignty is the exclusive right to exercise supreme political (e. ...

The strongest complaints were on the presumed ambiguity of the 1995 question and the fact that Quebec had passed a law reserving the right for the National Assembly to declare independence unilaterally if constitutional negotiations with the Government of Canada failed.

See the article on the 1995 Quebec referendum for the wording of the question and the external links at the bottom of this article for the Act Respecting the Future of Québec which contains the details on the Unilateral Declaration of Independence (UDI). Bill on the referendum and eventual declaration of independence. ...

The initial attempt to pass a similar law was made in 1996 by then Reform MP Stephen Harper. Harper introduced a private member's bill, Bill C-341, known as the Quebec Contingency Act. The full title was "An Act to establish the terms and conditions that must apply to a referendum relating to the separation of Quebec from Canada before it may be recognized as a proper expression of the will of the people of Quebec."^[2] The summary of this bill began with: "This enactment allows the Government of Canada to determine whether a referendum question in Quebec is clear and unambiguous." Bill C-341 reached First Reading on October 30, 1996, however did not proceed any further. Stephen Joseph Harper (born April 30, 1959) is the 22nd and current Prime Minister of Canada and leader of the Conservative Party of Canada. ... A Private Members Bill is a proposed law introduced by a backbench member of parliament, whether from the government or the opposition side, to that legislature or parliament. ... The Quebec Contingency Act (Bill C-341) was a private members bill tabled in Canadas federal parliament in 1996 to establish the conditions which would apply to a referendum regarding the separation of Quebec from Canada. ... The Quebec Contingency Act (Bill C-341) was a private members bill tabled in Canadas federal parliament in 1996 to establish the conditions which would apply to a referendum regarding the separation of Quebec from Canada. ...

Stéphane Dion and the Three Letters

Prime Minister Jean Chrétien appointed political scientist Stéphane Dion as Minister of Intergovernmental Affairs. Dion would challenge Quebec sovereignist assertions about the legal validity of the 1995 Quebec referendum question in three open letters to Quebec Premier Lucien Bouchard and Quebec Intergovernmental Affairs Minister Jacques Brassard. ^{[3] [4] [5]}. Joseph Jacques Jean Chrétien, usually known as Jean Chrétien, PC, QC, BA, LLL, LLD (born January 11, 1934), served as the twentieth Prime Minister of Canada from November 4, 1993 to December 12, 2003. ... Wikinews has news related to: Dion wins Canadian Liberal leadership on fourth ballot Stéphane Dion, PC, MP, BA, MA, Ph. ... The post of Minister of Intergovernmental Affairs is the member of the Cabinet of Canada resposible for the federal governments relations with the governments of the provinces and territories of Canada. ... Quebec The Quebec sovereignty movement is a movement calling for the attainment of sovereignty for Quebec, a province of the country of Canada. ... Bill on the referendum and eventual declaration of independence. ... The Hon. ... Lucien Bouchard, PC , B.Sc , LL.B (born December 22, 1938 in Saint-Coeur-de-Marie, Quebec, Canada) is a Quebec lawyer, diplomat and politician. ...

In the first open letter, Dion challenged three assertions that Bouchard had made: that a unilateral declaration of independence is supported by international law, that a majority of "50% plus one" was a sufficient threshold for secession, and that international law would protect the territorial integrity of Quebec following a secession. Against the first assertion, Dion argued that the vast majority of international law experts "believe that the right to declare secession unilaterally does not belong to constituent entities of a democratic country such as Canada."^[3] In regard to the simple majority argument, Dion argues that due to the momentous changes to Quebecers' lives that would result from secession, a simple majority that could disappear in the face of difficulties would be insufficient to ensure the political legitimacy of the sovereignist project. In regard to the territorial integrity of Quebec, Dion retorts that "there is neither a paragraph nor a line in international law that protects Quebec's territory but not Canada's. International experience demonstrates that the borders of the entity seeking independence can be called into question, sometimes for reasons based on democracy."^[3]

In Dion's second open letter to Jacques Brassard, Quebec's intergovernmental affairs minister, Dion expands upon his earlier arguments against the territorial integrity of Quebec following secession by highlighting the inconsistency in the argument that Canada is divisible but Quebec is not. Secondly, Dion underscores that without recognition by the Government of Canada and when opposed by a strong minority of citizens, a unilateral declaration of independence faces much difficulty in gaining international recognition.^[4] The Canada wordmark, used by most agencies of the Canadian federal government. ... A declaration of independence is a proclamation of the independence of a newly formed or reformed independent state from a part or the whole of the territory of another, or a document containing such a declaration. ...

In Dion's third open letter to Lucien Bouchard, he criticizes the Quebec premier for accepting some aspects of the Supreme Court ruling on Secession (such as the political obligation for the Government of Canada to negotiate secession following a clear expression of will from the people of Quebec) and not other sections of the ruling (such as the need for a clear majority on a clear question and the unconstitutionality of a unilateral declaration of independence). In regard to the ruling, Dion makes three claims: that the federal government has a role in the selection of the question and the level of support required for it to pass, that secession can only be achieved through negotiation rather than a "unilateral declaration of independence", and that the terms of negotiation could not be decided solely by the Government of Quebec. ^[5] Lucien Bouchard, PC , B.Sc , LL.B (born December 22, 1938 in Saint-Coeur-de-Marie, Quebec, Canada) is a Quebec lawyer, diplomat and politician. ... Reference re Secession of Quebec [1998] 2 S.C.R. 217 was an opinion of the Supreme Court of Canada regarding the legality, under both Canadian and international law, of a unilateral secession of Quebec from Canada. ... A declaration of independence is a proclamation of the independence of a newly formed or reformed independent state from a part or the whole of the territory of another, or a document containing such a declaration. ...

Supreme Court Reference re Secession of Quebec

On September 30, 1996, Dion would submit three questions to the Supreme Court of Canada constituting the Supreme Court Reference re Secession of Quebec: September 30 is the 273rd day of the year (274th in leap years) in the Gregorian calendar. ... 1996 (MCMXCVI) was a leap year starting on Monday of the Gregorian calendar, and was designated the International Year for the Eradication of Poverty. ... The Supreme Court of Canada (French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian justice system. ... Reference re Secession of Quebec [1998] 2 S.C.R. 217 was an opinion of the Supreme Court of Canada regarding the legality, under both Canadian and international law, of a unilateral secession of Quebec from Canada. ...

1. Under the Constitution of Canada, can the National Assembly, legislature, or government of Quebec effect the secession of Quebec from Canada unilaterally?
2. Does international law give the National Assembly, legislature, or government of Quebec the right to effect the secession of Quebec from Canada unilaterally? In this regard, is there a right to self-determination under international law that would give the National Assembly, legislature or government of Quebec the right to effect the secession of Quebec from Canada unilaterally?
3. In the event of a conflict between domestic and international law on the right of the National Assembly, legislature, or government of Quebec to effect the secession of Quebec from Canada unilaterally, which would take precedence in Canada?

As soon as these questions were made public, both parties of the National Assembly, the Bloc Quebecois and numerous federalists denounced Ottawa's gesture. A symbolic Act respecting the exercise of the fundamental rights and prerogatives of the Quebec people and the Québec State was introduced in the National Assembly of Quebec by the Parti Quebecois government two days after the Clarity Act had been introduced in the Canadian House of Commons. The Quebec Parliament Building at night The National Assembly of Quebec (French: Assemblée nationale du Québec) is the name for the legislative body of the province of Quebec, Canada which was defined in the Canadian constitution as the Legislative Assembly of Quebec (lassemblée législative de... The Bloc Qu cois is a federal political party in Canada that is primarily devoted to promoting sovereignty for the province of Quebec. ... The Quebec Parliament Building at night The National Assembly of Quebec (French: Assemblée nationale du Québec) is the name for the legislative body of the province of Quebec, Canada which was defined in the Canadian constitution as the Legislative Assembly of Quebec (lassemblée législative de... The Parti Québécois or PQ is a left wing political party that advocates national sovereignty for Quebec from Canada. ...

On August 20, 1998, the Supreme Court answered, concluding that Quebec does not have the right to secede unilaterally under Canadian or international law. However, the federal government would have to enter into negotiations with the Quebec government if Quebeckers expressed a clear will to secede. It confirmed that the Canadian Parliament had the power to determine whether or not a referendum question was clear enough to trigger such negotiations. The Canadian constitution would remain in effect until terms of secession were agreed to by all parties involved, and these terms would have to respect principles of democracy, minority and individual rights as outlined in the Canadian constitution. ^[6] August 20 is the 232nd day of the year (233rd in leap years) in the Gregorian Calendar. ... 1998 (MCMXCVIII) was a common year starting on Thursday of the Gregorian calendar, and was designated the International Year of the Ocean. ... The Constitution of Canada is the supreme law in Canada. ...

Both the government of Quebec and the government of Canada publicly stated that they were very pleased with the opinion of the Supreme Court, which stated both that Quebec could not legally separate unilaterally from Canada and that the Canadian Parliament would have a 'political obligation' to enter into separation negotiations with Quebec in the event that a clear majority of its populace were to vote in favor of independence. Unilateralism is an antonym for multilateralism. ... The Parliament of Canada (in French: le Parlement du Canada) is Canadas legislative branch, seated at Parliament Hill in Ottawa, Ontario. ...

Bill Clinton and the First International Conference on Federalism

Stephane Dion would go on to orgnanize and host the First International Conference on Federalism in Mont Tremblant in October of 1999 to foster international support for the cause of federalism in Canada. Quebec sovereignist leaders were granted a prominent role in the conference and would use their floor time to denounce Canadian federalism to an international audience to the great annoyance of their federalist host. But the Clarity Act would get a big boost during the closing speech by United States President Bill Clinton. While looking directly at Quebec Premier Lucien Bouchard, who was present in the audience, Clinton appeared to echo the Supreme Court Reference, warning that "when a people thinks it should be independent in order to have a meaningful political existence, serious questions should be asked ... Are minority rights as well as majority rights respected? How are we going to co-operate with our neighbours?". Clinton argued that federalism allows peoples seeking recognition of their identity a way to do so without isolating themselves in a nation-state. The speech would lay to rest any doubts about the U.S. position on the legality and desirability of unilateral secession in Quebec ^[7]. The Hon. ... Mont-Tremblant, Quebec is a small village in the Laurentian mountains about one hour forty-five minutes north of Montreal. ... At the core, political federalism is a political philosophy in which a group or body of members are bound together (Latin: foedus, covenant) with a governing representative head. ... William Jefferson Bill Clinton (born William Jefferson Blythe III[1] on August 19, 1946) was the 42nd President of the United States, serving from 1993 to 2001. ... Lucien Bouchard, PC , B.Sc , LL.B (born December 22, 1938 in Saint-Coeur-de-Marie, Quebec, Canada) is a Quebec lawyer, diplomat and politician. ... Reference re Secession of Quebec [1998] 2 S.C.R. 217 was an opinion of the Supreme Court of Canada regarding the legality, under both Canadian and international law, of a unilateral secession of Quebec from Canada. ...

Passage and Reactions to Clarity Act

The Clarity Act (Bill C-20) was later drafted and presented to the House of Commons on December 13, 1999. This move by the Government of Canada was more bitterly denounced by all parties in the National Assembly, the Bloc Quebecois, and many federalists than the Reference on Secession. ^{[citation needed]}

The Progressive Conservative Party, led by Joe Clark, opposed the Clarity Act. The Progressive Conservative Party of Canada (PC) (In French: Parti progressiste-conservateur du Canada) was a Canadian centre-right conservative political party that existed from 1867 to 2003. ... Charles Joseph Joe Clark, PC, CC, AOE, MA, LLD (born June 5, 1939) was the sixteenth prime minister of Canada, from June 4, 1979, to March 3, 1980. ...

Following its adoption by Parliament, an open letter supporting Quebec's right to self-determination was published and signed by numerous intellectuals from Quebec and other parts of Canada. Self-determination is a principle in international law that a people ought to be able to determine their own governmental forms and structure free from outside influence. ...

Former Prime Minister Jean Chrétien has often stated that the Clarity Act was among his proudest achievements in federal politics. The Prime Minister of Canada (French: Premier ministre du Canada), is the head of the Government of Canada. ... Joseph Jacques Jean Chrétien, usually known as Jean Chrétien, PC, QC, BA, LLL, LLD (born January 11, 1934), served as the twentieth Prime Minister of Canada from November 4, 1993 to December 12, 2003. ...

In an interview with CTV News aired on May 15, 2005, separatist former Premier of Quebec Jacques Parizeau said that the Clarity Act "meant nothing" and would be ignored. CTV is a TLA that may stand for: CTV Television Network - a Canadian English language television network Channel Television - the main television broadcaster in the Channel Islands Chukyo TV. Broadcasting - a Japanese TV station in Nagoya This is a disambiguation page — a navigational aid which lists other pages that... May 15 is the 135th day of the year in the Gregorian Calendar (136th in leap years). ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... Jacques Parizeau, (born August 9, 1930) is an economist and noted Quebec sovereigntist who served as Premier of Quebec, Canada, from September 26, 1994 to January 29, 1996. ...

On December 7, 2005, in the midst of a federal election, NDP leader Jack Layton too announced that he backed the Clarity Act. This was in contrast to comments made in the 2004 election where he said that the Act accentuates divisions in Canada. He attributed his new found support to understanding the constitutionality of the act. December 7 is the 341st day (342nd in leap years) of the year in the Gregorian calendar. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... John Gilbert Jack Layton, PC, MP, PhD (born July 18, 1950, in Hudson, Quebec) is a social democrat Canadian politician and current leader of Canadas New Democratic Party (since 2003). ...

Key points

The key points of the draft included the following elements.

• Giving the House of Commons the power to decide whether a proposed referendum question was considered clear before the public vote;
• Specifically stating that any question not solely referring to secession was to be considered unclear;
• Giving the House of Commons the power to determine whether or not a clear majority has expressed itself in any referendum, implying that some sort of supermajority is required for success;
• Stating that all provinces and the First Nations were to be part of the negotiations;
• Allowing the House of Commons to override a referendum decision if it felt the referendum violated any of the tenets of the Clarity Act;
• The secession of a province of Canada would require an amendment to the Constitution of Canada.

A supermajority or a qualified majority is a requirement for a proposal to gain a specified level or type of support which exceeds a simple majority in order to have effect. ... First Nations is a term of ethnicity used in Canada. ...

References and Notes

2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD (or CE) era. ... January 30 is the 30th day of the year in the Gregorian calendar. ... 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD (or CE) era. ... January 30 is the 30th day of the year in the Gregorian calendar. ... 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... December 4 is the 338th day of the year (339th on leap years) in the Gregorian calendar. ... 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... December 4 is the 338th day of the year (339th on leap years) in the Gregorian calendar. ... 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... December 4 is the 338th day of the year (339th on leap years) in the Gregorian calendar. ... 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... December 21 is the 355th day of the year (356th in leap years) in the Gregorian calendar. ... 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... December 21 is the 355th day of the year (356th in leap years) in the Gregorian calendar. ...

See also

• 1995 Quebec referendum
• Quebec sovereignty movement
• Politics of Quebec
• Politics of Canada

Bill on the referendum and eventual declaration of independence. ... The Quebec sovereignty movement is a political movement aimed at attaining independent statehood (sovereignty) for the Canadian province of Quebec. ... This is an article about the government and politics of Quebec, Canada. ... Canada is a constitutional monarchy and a Commonwealth Realm (see Monarchy in Canada) with a federal system of parliamentary government, and strong democratic traditions. ...

External links

• Text of the Clarity Act
• Full text of the Reference re Secession of Quebec
• 1995 Act Respecting the Future of Quebec
• Open letter in support of the democratic right to self-determination for Quebec