THE CLARITY ACT

The Clarity Act effectively means that Quebec separatism is a concern of the past

“The Clarity Act effectively means that Quebec separatism is a concern of the past”

Introduction to the Clarity Act

The Clarity Act (also known as the Bill C-20 before the act) gives effect to the Court's confirmation that a unilateral declaration of independence would be illegal and that only a clear majority responding in the affirmative to a clear question on Quebec secession would trigger an obligation on the part of the Government of Canada to negotiate such secession. In the absence of the required clarity, this would be taken as an absence of the clear will of a province's population to cease to be a part of Canada, there would be no such negotiation (Mills, 2005).

Canadian unity is important not just to the people of Quebec, but indeed to all Canadians. The Government of Quebec continues to suggest that it will hold another referendum during its current mandate. Accordingly, the Government of Canada felt that it was of the utmost importance to further spell out its position on the secession issue now, in an atmosphere of calm, rather than in the turbulence of a referendum campaign. The proposed legislation is a logical and reasonable continuation of the Government's commitment to respect, in its entirety, the August 1998 opinion of the Supreme Court of Canada in the Quebec Secession Reference (Clarity Act, 2011).

Government's position

This is in keeping with the Government's long-standing position that, without a clear expression of support for secession, it has a moral obligation not to negotiate the break-up of Canada and the end of belonging to Canada for the citizens of the province concerned. Despite the Prime Minister's appeal to Mr. Lucien Bouchard, the Premier of Quebec refuses to renounce his plans for a third referendum or to guarantee a clear referendum process as spelled out by the Supreme Court. As such, the Government of Canada felt it had an obligation to act and that the responsible course of action was to proceed with the draft Clarity Act, which can only strengthen our democracy.

It is difficult to believe that in an atmosphere of clarity, Quebecers will ever vote to sever ties with their fellow Canadians, and poll after poll indicates that a strong majority of Quebecers do not wish to have another referendum on secession and do not wish to secede from Canada. They recognize that ours is a great country that is ever-evolving to meet the needs and aspirations of all of its citizens, and that they do not have to choose between their pride at being Quebecers and their attachment to Canada; this federation can accommodate both. The federal government - the government of all Canadians - believes that acting now is simply the responsible thing to do. It is never too early to be clear and transparent. That is what Quebecers want. That is what Canadians want.

Substance of the Clarity Act

Central to the Clarity Act's credibility as a deterrent to Quebec ...