"An Act to give effect to the requirement for clarity as set out in the opinion of the Supreme Court of Canada in the Quebec Secession Reference."
The clarity bill is the federal government's response to a 1998 Supreme Court decision in which the Court ruled that Quebec could not unilaterally separate from Canada. In its decision, the Supreme Court justices also attempted to set out the terms in which separation could take place, both in terms of the majority required to attain a yes vote, and the nature of the question itself. With respect to the former, they stated that a clear majority was required on any referendum question concerning Quebec sovereignty. Furthermore, the question itself had to be clear and free of any ambiguity. Finally, the Supreme Court gave to the House of Commons a role in defining both of the above.
Accordingly, near the end of the fall session the federal government introduced Bill C-20, outlining the steps the federal government would take in the event of a referendum by Quebec (or any other province for that matter) on separation. If any province tables legislation relating to secession from Canada, the House of Commons will respond with an opinion on the clarity of the question within thirty days. Furthermore, if Ottawa determines that a clear question has not been asked, negotiations will not proceed in the event of a yes vote.
So far, so good. However, even after a thorough reading of the Bill C-20 it is difficult to determine what Ottawa would consider to be a clear question. There are a few clues, however. The Bill states that the federal government would not consider the question valid if it includes other possibilities besides succession (which only makes sense as it would be impossible to know which part of the question people were voting yes to). In addition, it states that there must be "a clear expression of a will by a clear majority of the population of that province." What the federal government would consider to be a clear majority is not specifically defined, but the bill does seem to indicate that fifty percent plus one would not be sufficient.
Despite a massive all night filibustering effort by the Bloc Quebecois, the bill passed third reading and is now before the Senate. Interestingly, there is at least some question about whether it will pass, although the Prime Ministers will undoubtedly appoint Senators to ensure its passage if forced to do so. Senators are miffed because the Bill denies them any role in determining whether the referendum question is clear enough or the size of the majority needed. While the Prime Minister insists that he is simply adhering to the ruling given by the Supreme Court, some Senators clearly feel this is part of a Liberal plan to weaken the power of the upper chamber. If so, in the long run Bill C-20 may be remembered more for signalling the beginning of the end of the Canadian Senate, than as a federal response to the threat of Quebec separation.
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