Self-determination refers to a people's right to form its own political entity, and internal self-determination is the right to representative government with full suffrage.
Secession is the formal withdrawal of a group from a political entity. The process begins once a group proclaims an act of secession. A secession attempt might be violent or peaceful, but the goal is the creation of a new state or entity independent of the group or territory from which it seceded. Threats of secession can be a strategy for achieving more limited goals.
The implied bill of rights is a theory in Canadian jurisprudence which proposed that as a consequence of the British North America Act, certain important civil liberties could not be abrogated by the government. The significance of an implied bill of rights has decreased since the adoption of the Canadian Charter of Rights and Freedoms, an entrenched written bill of rights, but remains important for understanding the evolution of Canadian human rights law and the Constitution of Canada. In the 1938 decision of Reference Re Alberta Statutes, the Supreme Court of Canada first recognized an implied bill of rights.
The Quebec sovereignty movement is a political movement whose objective is to achieve the independence of Quebec from Canada. Sovereignists suggest that the people of Quebec make use of their right to self-determination – a principle that includes the possibility of choosing between integration with a third state, political association with another state or independence – so that Québécois, collectively and by democratic means, give themselves a sovereign state with its own independent constitution.
The politics of Quebec are centred on a provincial government resembling that of the other Canadian provinces, namely a constitutional monarchy and parliamentary democracy. The capital of Quebec is Quebec City, where the Lieutenant Governor, Premier, the legislature, and cabinet reside.
The 1995 Quebec referendum was the second referendum to ask voters in the predominantly French-speaking Canadian province of Quebec whether Quebec should proclaim sovereignty and become an independent country, with the condition precedent of offering a political and economic agreement to Canada.
The Clarity Act is legislation passed by the Parliament of Canada that established the conditions under which the Government of Canada would enter into negotiations that might lead to secession following such a vote by one of the provinces. The Clarity Bill (C-20) was tabled for first reading in the House of Commons on 13 December 1999. It was passed by the House on 15 March 2000, and by the Senate, in its final version, on 29 June 2000.
The 1980 Quebec independence referendum was the first referendum in Quebec on the place of Quebec within Canada and whether Quebec should pursue a path toward sovereignty. The referendum was called by Quebec's Parti Québécois (PQ) government, which advocated secession from Canada.
The Constitutional debate of Canada is an ongoing debate covering various political issues regarding the fundamental law of the country. The debate can be traced back to the Royal Proclamation, issued on October 7, 1763, following the signing of the Treaty of Paris (1763) wherein France ceded most of New France to Great Britain in favour of keeping Guadeloupe.
Patriation is the political process that led to full Canadian sovereignty, culminating with the Constitution Act, 1982. The process was necessary because, at the time, under the Statute of Westminster, 1931, and with Canada's agreement, the British Parliament retained the power to amend Canada's British North America Acts and to enact, more generally, for Canada at the request and with the consent of the Dominion. That authority was removed from the UK by the enactment of the Canada Act, 1982, on March 29, 1982, by the Parliament of the United Kingdom, as requested by the Parliament of Canada.
The constitutional history of Canada begins with the 1763 Treaty of Paris, in which France ceded most of New France to Great Britain. Canada was the colony along the St Lawrence River, part of present-day Ontario and Quebec. Its government underwent many structural changes over the following century. In 1867 Canada became the name of the new federal Dominion extending ultimately from the Atlantic to the Pacific and the Arctic coasts. Canada obtained legislative autonomy from the United Kingdom in 1931, and had its constitution patriated in 1982. Canada's constitution includes the amalgam of constitutional law spanning this history.
Bill 99 is a Quebec law concerning the consequences of any future referendum on independence; it was enacted in 2000 in response to the enactment of the federal Clarity Act by the Parliament of Canada. The full official title of the law is "An Act respecting the exercise of the fundamental rights and prerogatives of the Québec people and the Québec State". It has no formal short title and so is commonly referred to as "Bill 99", the designation under which it was introduced in the Quebec legislature by the Parti Québécois.
The History of the Quebec sovereignty movement covers various movements which sought to achieve political independence for Quebec, which has been a province of Canada since 1867. Quebec nationalism emerged in politics c. 1800. The terms sovereignty and sovereignism were introduced by the modern Quebec sovereignty movement which began during the Quiet Revolution of the 1960s. Pro-sovereignty political parties have represented Quebec at the provincial and federal level, and have held two referendums on sovereignty which were both defeated. Additionally, two accords to amend the Canadian Constitution on issues of concern to Quebecers were also defeated.
In Canadian law, a reference question or reference case is a submission by the federal or a provincial government to the courts asking for an advisory opinion on a major legal issue. Typically the question concerns the constitutionality of legislation.
Canadian constitutional law is the area of Canadian law relating to the interpretation and application of the Constitution of Canada by the courts. All laws of Canada, both provincial and federal, must conform to the Constitution and any laws inconsistent with the Constitution have no force or effect.
The Supreme Court Act is an Act passed by the Parliament of Canada which established the Supreme Court of Canada. It was originally passed in 1875 as the Supreme and Exchequer Courts Act. However, at the time, the Supreme Court was not the supreme authority on Canadian law, as Supreme Court cases could still be appealed to the Judicial Committee of the Privy Council.
Reference Re Resolution to amend the Constitution – also known as the Patriation Reference – is a historic Supreme Court of Canada reference case that occurred during negotiations for the patriation of the Constitution of Canada.
The partition of Quebec refers to the secession of regions of the province of Quebec, rather than to partitions in a strict political sense. It is usually discussed as a possibility in the event of Quebec secession from Canada. It was not a key issue in either the 1980 Referendum on Quebec Sovereignty or the 1995 Referendum on Quebec Sovereignty, but dominated the politics of national unity for about two years in the aftermath of the second referendum. Since then, the issue has occasionally resurfaced.
The Preamble to the Constitution Act, 1867 is a provision of the Constitution of Canada, setting out some of the general goals and principles of the Act. Although the Preamble is not a substantive provision, the courts have used it as a guide to the interpretation of the Constitution of Canada, particularly unwritten constitutional principles which inform the history and meaning of the Constitution.
