The legal realities missing from the sovereignty debate in Quebec
So: U.S. recognition would be “an essential condition” of achieving secession over Ottawa’s objection. And there was no way to obtain it. Secession would happen by negotiation or it would not happen at all. And it’s hardly clear that it could happen by negotiation. Quebec’s PQ government may believe it can ignore Canada’s Constitution, but (a) it’s wrong and (b) the rest of Canada couldn’t. Secession would require constitutional amendments and therefore the consent of every provincial legislature. Alberta and British Columbia require their own referendums before ratifying any constitutional amendment. So a Quebec secession referendum would automatically trigger at least two others, on a deal whose terms are also spelled out in the Clarity Act: “division of assets and liabilities, any changes to the borders of the province, the rights, interests and territorial claims of the Aboriginal peoples of Canada, and the protection of minority rights.”
So: U.S. recognition would be “an essential condition” of achieving secession over Ottawa’s objection. And there was no way to obtain it. Secession would happen by negotiation or it would not happen at all. And it’s hardly clear that it could happen by negotiation. Quebec’s PQ government may believe it can ignore Canada’s Constitution, but (a) it’s wrong and (b) the rest of Canada couldn’t. Secession would require constitutional amendments and therefore the consent of every provincial legislature. Alberta and British Columbia require their own referendums before ratifying any constitutional amendment. So a Quebec secession referendum would automatically trigger at least two others, on a deal whose terms are also spelled out in the Clarity Act: “division of assets and liabilities, any changes to the borders of the province, the rights, interests and territorial claims of the Aboriginal peoples of Canada, and the protection of minority rights.”
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