André Joli-C{oe}ur

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 appellants appealed a decision of the Quebec Court of Appeal which held that the respondent telephone company is an interprovincial work and undertaking within the legislative authority of the Parliament of Canada.

The Supreme Court of Canada dismissed the appeal, agreeing that the undertaking falls under federal jurisdiction pursuant to ss. 92(10)(a) and 91(29) of the Constitution Act, 1867.

The Court found that the nature of the services provided and the mode of operation, which allowed subscribers to send and receive interprovincial and international communications, placed the telecommunication signal carrier service within federal authority.