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Constitutional Law

1995

Osgoode Hall Law School of York University

Quebec (Province)

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The Law And Politics Of Quebec Secession, Patrick J. Monahan Jan 1995

The Law And Politics Of Quebec Secession, Patrick J. Monahan

Osgoode Hall Law Journal

This paper considers the various legal issues that would arise in the context of Quebec's secession from Canada, and attempts to situate these issues politically. The author argues that, under the current constitutional amending formula, Quebec secession would require the support of the federal Parliament as well as the unanimous consent of the provinces; he also suggests that it is extremely unlikely that this level of support would be attained. The paper goes on to explore the possibility of Quebec seceding from Canada through a unilateral declaration of independence (UDI), suggesting that the success or failure of a UDI would …