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Reference re Secession of Quebec

Judicial Review and Separation of Powers

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Reference re Secession of Quebec was a 1998 decision of the Supreme Court of Canada, answering questions referred to it by the federal government, holding that the province of Quebec had no right to secede unilaterally from Canada under either the Canadian Constitution or international law. The Court held, however, that a clear majority vote in Quebec on a clear question in favour of secession would create a constitutional obligation on all parties, including the federal government and the other provinces, to negotiate the terms of secession in good faith. The decision led directly to Parliament's Clarity Act of 2000, which set out the conditions under which a future secession referendum result would be recognized.

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