NEWS RELEASES
AXWORTHY RENEWS OFFER TO ASSIST THE QUEBEC GOVERNMENT IN CONCLUDING A LEGAL CO-OPERATION ARRANGEMENT WITH FRANCE
October 22, 1997 No. 170
AXWORTHY RENEWS OFFER TO ASSIST THE QUEBEC
GOVERNMENT IN CONCLUDING A LEGAL CO-OPERATION
ARRANGEMENT WITH FRANCE
Foreign Affairs Minister Lloyd Axworthy today expressed his wish for early
resumption of consultations with the Government of Quebec on a proposed
arrangement for legal co-operation in civil matters between the Government of
Quebec and France in order to allow Quebecers to enjoy the benefits of this
arrangement. To be valid in France, this arrangement must be consistent with, and
fall under, the 1996 Canada-France Convention on Legal Co-operation in Civil
Matters.
"We are eager to assist the Quebec government in establishing a valid arrangement
with France," said Minister Axworthy. "It is in the interest of Quebecers that
consultations resume in earnest between the federal and Quebec governments to
resolve outstanding problems with respect to the substance of the arrangement."
The Canada-France Convention is an "umbrella" instrument that enables provinces to
enter into arrangements with France on matters within provincial or territorial
jurisdiction.
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A detailed background document is attached.
For further information, media representatives may contact:
Debora Brown
Office of the Minister of Foreign Affairs
(613) 995-1851
Media Relations Office
Department of Foreign Affairs and International Trade
(613) 995-1874
This document is also available on the Department's Internet site:
http://www.dfait-maeci.gc.ca
Backgrounder
In 1977 the Government of Quebec concluded an arrangement with France on a
similar matter. That arrangement does not have the force of law in France
precisely because it is not under the umbrella of a Convention between Canada and
France. The effect of that arrangement is that Quebecers remain disadvantaged,
especially with respect to maintenance, while providing a benefit to French
nationals pursuant to Quebec legislation.
The Government of Canada recognized that there was a very real need for Canada
and France to allow the citizens of both countries wider access to each other's
courts in order to enforce judgments, rendered in their home jurisdiction, in
civil and commercial matters as well as in matters related to maintenance and the
custody of and access to children. To that end, a Canada-France Convention was
signed in June 1996.
The Convention is designed as an "umbrella" instrument by virtue of which any of
the provinces or territories could enter into arrangements with France concerning
any matter dealt with in the Convention that is within provincial or territorial
jurisdiction and to the extent that such arrangements are not inconsistent with
the provisions of the Convention.
In preparing for the negotiations with France, the Government of Canada consulted
extensively with the provinces and territories, as the matters forming the subject
of the Convention are predominantly within their jurisdiction. The Government of
Quebec consistently refused to participate in the discussions but was,
nevertheless, provided with updates on the negotiations with the French and copies
of the texts as they developed.
The Government of Canada was asked by France for its views on the proposed
Quebec/France arrangement on judicial co-operation and its approval of the text
before its signature. The Government of Canada shared its views with the
Government of Quebec despite the fact that the Government of Quebec ignored
federal requests for a copy of the text that it had negotiated with France. It
should be noted that the Government of Quebec has consistently refused to submit
drafts of arrangements with foreign countries to the Government of Canada for
review prior to signing.
While the Government of Canada has indicated to Quebec its concern with respect
to the form of the text, among other things the lack of reference to the
"umbrella" Convention and the reference to the resolution of disputes being
"settled through diplomatic channels" -- which exist only between sovereign states
-- the substantive content remains the primary focus of attention.
The proposed Quebec/France arrangement would not by itself be valid in France
without the benefit of the Convention. Consistency with the Convention would
ensure the effective implementation of the arrangement in France. In addition,
Canada has the obligation to notify France regarding which provinces and
territories the Convention applies to. This is specifically provided for in the
Convention, and thus Canada would have to inform France of the application of the
Convention to Quebec.
There are conflicts between the intended scope of application of the arrangement
and that of the Convention. The arrangement does not permit the retroactive
application of decisions related to the custody of children and maintenance
matters, contrary to the provisions of the Convention. One of the conditions under
the Convention is that for any arrangement to be valid, it must be consistent with
the Convention. Clearly this is not the case.
On the matter of earlier arrangements being regarded as precedents, such as the
Social Security arrangement and the Double Taxation arrangement, it should be
understood that they only have effect because they fall under the umbrella of a
Canada-France agreement.
Attempts by the Government of Canada to address the legal problems with the
Government of Quebec prior to Premier Bouchard's visit to France failed. The
invitation remains for the Government of Quebec to discuss acceptable amendments
to the text to allow for its early signature.
October 22, 1997
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