André Binette

The Governor in Council referred three questions to the Supreme Court of Canada regarding the legality of a unilateral secession by Quebec.

The Court held that under the Constitution, unilateral secession is illegal.

However, the democratic principle dictates that a clear majority vote on a clear question in favour of secession would create a constitutional obligation on the rest of Canada to negotiate the terms of secession.

Under international law, the right to self-determination does not grant a right to unilateral secession to a constituent part of a democratic state that respects human rights and provides access to government.

Therefore, there is no conflict between domestic and international law.

The appellant appealed judgments declaring that the provisions regarding English instruction in Chapter VIII of the Charter of the French language (Bill 101) were inconsistent with the Canadian Charter of Rights and Freedoms.

The Supreme Court of Canada dismissed the appeal, holding that sections 72 and 73 of Bill 101 are inconsistent with section 23 of the Charter and are of no force or effect to the extent of the inconsistency.

The Court found that the limits imposed by Bill 101 on minority language educational rights could not be justified under section 1 of the Charter, as section 23 was specifically drafted to remedy the type of regime established by Bill 101.