30 June 2018

Macfarlane: The NDP is wrong on secession, the Clarity Act and the Supreme Court

http://www.macleans.ca/news/canada/the-ndp-is-wrong-on-secession-the-clarity-act-and-the-supreme-court/

“The Reference requires us to consider whether Quebec has a right to unilateral secession. Those who support the existence of such a right found their case primarily on the principle of democracy. Democracy, however, means more than simple majority rule.”
This was a unanimous Supreme Court of Canada in 1998’s reference decision on Quebec secession. The Court went on to declare that only “a clear majority on a clear question” could compel the federal government and the other provinces to engage in negotiations with Quebec on the matter.
It is true the Court did not specify what would actually count as a “clear majority” (55 percent? 60? 67?). That, the justices said, was a matter for the political actors to decide. What is crystal clear, for anyone with the scarcest smidgen of reading comprehension, is that a “clear majority” is something more than 50 percent plus one. The highest court in the land has made an explicit distinction between “simple majority” and “clear majority.”



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