Reference Re Secession of Quebec
[1998] 2 S.C.R. 217
Procedural History:
Advisory opinion regarding self-determination in relation to separatist movements.
Overview:
Quebec attempted to secede from Canada.
Issue:
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 Quebec's unilateral secession from Canada?
Rule:
a people’s right to self-determination cannot be said to ground a right to unilateral secession.
Analysis:
The Reference Re Secession of Quebec leaves open the possibility that the international law right of self-determination could entail secession as a "last resort" in cases of especially severe oppression in which other channels for exercising internal self-determination had been "totally frustrated."
Outcome:
The international law principle of self-determination has evolved within a framework of respect for the territorial integrity of existing states. The right to external self-determination has only been granted to peoples under colonial rule or foreign occupation, based on the assumption that both are entities inherently distinct from the colonialist power and the occupant power. External self-determination has also been bestowed upon peoples totally frustrated in their efforts to exercise internally their rights to self-determinism. In this case, Quebec is neither a colony nor a foreign-occupied land. Further, the people of Quebec have not been victims of attacks on their physical existence or integrity or of massive human rights violations. Quebecers are equitably represented in legislative, executive, and judicial institutions; occupy prominent positions within the government of Canada; and enjoy the freedom to pursue their political, economic, social, and cultural development.
[1998] 2 S.C.R. 217
Procedural History:
Advisory opinion regarding self-determination in relation to separatist movements.
Overview:
Quebec attempted to secede from Canada.
Issue:
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 Quebec's unilateral secession from Canada?
Rule:
a people’s right to self-determination cannot be said to ground a right to unilateral secession.
Analysis:
The Reference Re Secession of Quebec leaves open the possibility that the international law right of self-determination could entail secession as a "last resort" in cases of especially severe oppression in which other channels for exercising internal self-determination had been "totally frustrated."
Outcome:
The international law principle of self-determination has evolved within a framework of respect for the territorial integrity of existing states. The right to external self-determination has only been granted to peoples under colonial rule or foreign occupation, based on the assumption that both are entities inherently distinct from the colonialist power and the occupant power. External self-determination has also been bestowed upon peoples totally frustrated in their efforts to exercise internally their rights to self-determinism. In this case, Quebec is neither a colony nor a foreign-occupied land. Further, the people of Quebec have not been victims of attacks on their physical existence or integrity or of massive human rights violations. Quebecers are equitably represented in legislative, executive, and judicial institutions; occupy prominent positions within the government of Canada; and enjoy the freedom to pursue their political, economic, social, and cultural development.
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