Quebec Needs OK to Secede, Court Says

OTTAWA —  In the first legal ruling on Canada’s most divisive issue, the Supreme Court said Thursday that Quebec--home to a powerful separatist movement--cannot secede without seeking the federal government’s consent.

But the high court left open the possibility of a breakaway arranged at the bargaining table. It said federal officials would be obligated to negotiate if, as separatist leaders hope, a clear majority of voters in the mostly French-speaking province approved secession in a referendum.

“The constitution is not a straitjacket,” the court said in a unanimous ruling.

It said political leaders, not the court, would have to determine the standards for a fair referendum, as well as the guidelines for any secession negotiations.

“No one suggests that it would be an easy set of negotiations,” said the court, which did not address the possibility of an impasse in such bargaining.

Quebec’s pro-independence provincial government, which hopes to hold a secession referendum in the next couple of years, reacted by insisting that Quebeckers have the right to make their own decision.

“The Quebec people have always had and continue to have the inalienable right to decide their future for themselves,” said Jacques Brassard, Quebec’s intergovernmental affairs minister. “Their democratic decision in any referendum must be respected.”

Though separatist leaders rejected the high court’s intrusion into the debate, they were encouraged by parts of the ruling.

“The court recognized the legitimacy of the separatist movement and the obligation of the federal government to negotiate,” said Gilles Duceppe, leader of the separatist faction in Parliament.

Prime Minister Jean Chretien--a native Quebecker who staunchly opposes secession--said the ruling supported the essence of the federal government’s arguments.

“The court has confirmed that any possible process of independence must proceed in a manner that respects shared values that include federalism, democracy, constitutionalism and the rule of law,” Chretien said in a statement.

“In particular, it has found that the government of Quebec does not have the authority in Canadian law to effect independence unilaterally nor does it have such a right in international law.”

Chretien’s government turned to the Supreme Court after being shaken by the separatists’ near-victory in a 1995 referendum. The government hoped that a favorable court ruling would convince middle-ground Quebec voters that secession would not be quick and painless.

The court was asked to rule on three questions. Can Quebec legally declare unilateral independence under Canadian law? Can it secede under international law? If there is a conflict, which law prevails?

The court said that, under Canada’s Constitution, Quebec was required to negotiate with the federal government and the other nine provinces if it sought to secede. It said international law did not apply because Quebeckers were not a colonized or suppressed people.

However, the court broke new legal ground by declaring that a legitimate pro-secession referendum result in Quebec could not be ignored.

Quebec’s separatist premier, Lucien Bouchard, is expected to use the court ruling as ammunition when his Parti Quebecois runs for reelection either late this year or next spring.