The Supreme Court of Canadas Ruling on Secession - Case Study Example

Comments (0) Cite this document
The following paper highlights that Quebec’s quest for secession was a major challenge to the sovereignty of Canada. Having lost twice in referenda that secessionists thought would produce favorable results, the government took several steps to ensure that Quebec’s secession would not be a reality.  …
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93.1% of users find it useful
The Supreme Court of Canadas Ruling on Secession
Read TextPreview

Extract of sample "The Supreme Court of Canadas Ruling on Secession"

The Supreme Court of Canada’s Ruling on Secession and its Importance to Canadian Politics Quebec’s quest for secession was a major challenge to the sovereignty of Canada. Having lost twice in referenda that secessionists thought would produce favourable results, the federal government took several steps to ensure that Quebec’s secession would not become a reality. The federal government also sought the Opinion of the Supreme Court of Canada in relation to unilateral secession. This article will analyse the Supreme Court’s worthy opinion and present the significance of the opinion to Canadian politics.
The Federal government of Canada sought the Supreme Court’s opinion on three main questions. The first question related to whether or not Canada’s constitution allowed the legislature, National Assembly, or government of Quebec to allow the unilateral secession of Quebec from Canada. In its opinion, having considered the presentations of all concerned parties, the Supreme Court noted that the Canadian Constitution did not allow unilateral secession. The court however noted that if the people of Quebec voted in favour of secession through a referendum, the rest of the country would have no basis to deny the people their wish. Further, it was the court’s opinion that the government of Quebec would need to negotiate with the federal government the terms of the country’s independence ( par. 6). The Supreme Court noted that the constitution of Canada was founded on four tenets which were equally important as much as they are interrelated: federalism, democracy, protection of minorities, and the rule of law and constitutionalism ( par. 4).
The second question that the Supreme Court gave its opinion on related to Quebec’s right to secede under international law. In its opinion, the Supreme Court stated that the situation of Quebec did not find application in international law. The Supreme Court stated that international law gives not component parts of independent states the right to independently secede from their parents ( par. 10). In relation to this, the court stated that a people’s right to self determination should be exercised legally such as through negotiations. International law only gives those under colonial rule or whose country is under foreign occupation the legal right to secede in the court’s opinion ( par. 9).
The third question asked by the federal government related to which law (domestic or international) would take precedence in the event of a conflict between the two in relation to Quebec’s bid to secede. In the court’s view, it was not necessary to provide feedback on the question since both International law and Canadian law did not conflict on the issue of secession ( par. 13). Both laws did not allow for the unilateral secession of Quebec from Canada.
The court’s opinion was sound given that it considered various points of view and interpreted International and domestic law without bias. The ruling is important for the politics of Canada as it emphasizes the fact that secession is possible if the right/legal channels are followed. The opinion is particularly important as it emphasises that the desires of the people as expressed through a referendum should be respected. Yet again, the ruling does not underscore the sovereignty of Canada as stipulated in the constitution.
In conclusion, the Supreme Court ruling is good for both Canada and Quebec since it considers the established laws and differed perspectives without ruling out the possibility of secession and undermining the territorial sovereignty of the country.
Works Cited Reference re Secession of Quebec, [1998] 2 SCR 217. N.d. Web. 12 October, 2012 Read More
Cite this document
  • APA
  • MLA
(The Supreme Court of Canadas Ruling on Secession Case Study, n.d.)
The Supreme Court of Canadas Ruling on Secession Case Study. Retrieved from
(The Supreme Court of Canadas Ruling on Secession Case Study)
The Supreme Court of Canadas Ruling on Secession Case Study.
“The Supreme Court of Canadas Ruling on Secession Case Study”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF The Supreme Court of Canadas Ruling on Secession

Washington, U.S. Supreme Court

...that was from the call McCottry had made that night to find Davis guilty of domestic violation. The court also used the fact that Davis ran from the scene as a felony that he could easily be found guilty by the Supreme Court if the two issues were put before them. There was also proof that this was not the first time Davis had assaulted McCottry from the recording. Rule The rule in this case is defined by the Washington court 541 U. S. 36 of appeal as well as the Supreme Court where the case required the court to decide whether the clause used which was the confrontation could only apply...
8 Pages(2000 words)Essay

Supreme Court

...PROJECT The Supreme Court has been involved with the admissibility/suppression topic of eyewitness identification as recent as April, 2006. The most recent case was heard before the Wisconsin Supreme Court re State v Hibl. In this case, a witness accidentally saw the defendant in the court hallway before the trial. The defense argued that this was a suggestive situation, and, therefore, would promote unreliable identification. The prosecution maintained that the spontaneous meeting increased reliability, saying the issue should be decided by the jury. The trial judge suppressed the witness identification, and a mistrial was also granted. Upon the...
4 Pages(1000 words)Essay

Supreme Court

...The Apocalypse of Adolescence By Yuliya Having read through the article en d "The Apocalypse of Adolescence", several conclusions came to mind. First, juveniles should almost never be given the death penalty, as this provides virtually zero learning in relation to moral guidance and the receipt of understanding as to what is right versus what is wrong. The death penalty takes their young lives and forever changes them, without the opportunity to be rehabilitated by competent sociological or psychological professionals. However, when the case is similar to the one in the article, the juvenile death penalty may be imposed, especially when the children show no regret for their actions. The problem, however, appears to lie in whether...
2 Pages(500 words)Essay

Supreme Court

...Supreme Court Opinions The principle responsibility of the U.S. Supreme Court is to interpret the Constitution. It has thefinal say in settling legal arguments and determining the meaning of laws thereby setting national policy. The Justices write majority and minority opinions following a decision. These fall into four categories, unanimous, divided, very divided and per curium. Unanimous decisions are written when all nine members of the court vote the same way. The Chief Justice (John Roberts) assigns any Justice the task of writing it or may choose himself. Sometimes, if the case has many nuances involved, he may have opinions from two Justices. In...
1 Pages(250 words)Essay

U.S. Supreme Court

...U.S. Supreme Court For this particular essay paper, I have chosen to discuss the successful nomination and confirmation process that Associate Supreme Court Justice Elena Kagan underwent as a nominee of Pres. Barack Obama. Looking into the history of the person and her climb up the justice ladder, one will see that she is truly worthy of the position that she now holds. She overcame adversity and secured her confirmation based upon her work merits rather than her gender. She is in effect, a female success story for a new generation. Originally serving in the presidents cabinet as his Solicitor General, Ms. Kagan became Pres. Obamas official nominee to replace retiring...
2 Pages(500 words)Essay

What Qualifies as Obscene since 1957 Supreme Court Ruling

...sexual feelings, but are not demeaning in nature, as opposed to pornography, which entails violent acts, including rape (Lauer and Lauer 147). On the other hand, Lauer and Lauer (148) consider obscenity to be a legal term, which is used to define pornography. They define this as “those materials that are offensive by generally accepted standards of decency” (148). The Supreme Court in 1957 made an important decision, which could act as a guideline in determining obscene material. However, Lauer and Lauer argue that this court ruling does not offer a perfect solution to the issue, as it raises more questions. Nonetheless, despite this law on obscenity, erotica,...
6 Pages(1500 words)Essay

Supreme Court the land for the last 223 years since the constitution was ratified. It is true that the constitution was ratified during that time to conform to the then demographic, social, industrial and technological structures. These have duly changed; hence, amendment to the constitution is also required. The Supreme Court in so doing should take a non-originalist point of view as these people give a more substantial weighting to precedent, consequences and to the natural law. It therefore means that, the non-originalists will not just take precedents the way they are, but give them some analysis and weighting before considering them. Considering the Supreme Court...
1 Pages(250 words)Assignment

Supreme Court

...Supreme Court Supervisor June 27, Supreme Court The argument for an originalist perspective to interpretation of the constitution is rational because of the advantages that the theory offers to the contemporary and dynamic environment. The fact that no written constitution, or any other law, can anticipate and provide for all possibilities is one of the justifications for a non-originalist perspective. Laws, such as the constitutional amendments, were developed to remedy immediate and anticipated problems and transition through the amendments’ existence have realized developments, some of which are beyond expectations of the developers of the amendments. Relying on the letter of the amendments would therefore be retrogressive... and be a...
1 Pages(250 words)Assignment

Supreme Court was executed as a way to prevent these American-Japanese from committing espionage during the war time. Korematsu who is the plaintiff saw the execution of the order as being unconstitutional and being in violation of the Fifth Amendment. He therefore refused to move and was arrested and convicted. The case eventually reached the Supreme Court which ruled strongly in favor of the presidential executive order insisting that the rights of the plaintiff were minimal and hence of no significant compared to the Americans in general (Alonso 52). Issue to be resolved The issue that was being resolved by the Supreme Court was on whether to affirm or duly...
6 Pages(1500 words)Essay

Supreme Court

... DD Month YYYY ESSAY POLITICAL SCIENCE Introduction The American government is divided into various armswhich perform different functions. The arms include the judiciary, legislature and the executive. Every branch of the government has distinctive functions which they perform independent of the other branches. To achieve this each has their specific roles which they perform as led by their leaders. All branches are guided by the American constitution which details out the rule and regulations governing the Americans. This paper explores the functions of the supreme court, its roles as well as Federalism and its effects to America (R. Dye, Zeigler and Schubert). SUPREME COURT The supreme court carries out various functions... which...
1 Pages(250 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Case Study on topic The Supreme Court of Canadas Ruling on Secession for FREE!

Contact Us