Department of Justice

[TRANSLATION]

The Honourable Paul Bégin
Minister of Justice and
Attorney General of Quebec
1200 route de l'Église
9th floor
Sainte-Foy, Quebec
G1V 4M1

Dear Minister,

You are no doubt aware that for the past few weeks the Government of Canada has been examining what course to take following the decision rendered on August 30 by Mr. Justice Pidgeon in the case of Mr. Guy Bertrand.

As you know, I gave instructions to my counsel to participate in the hearing of the motion to dismiss which you had brought in that case to argue the position of the Attorney General of Canada on issues that I believe are fundamental. I participated to support the role which, in my view, Canadian courts, the Constitution of Canada and the principle of the rule of law must play in any process dealing with the future of Quebec and Canada, including a potential secession.

I emphasized in our pleading -- and I emphasize again today -- that our participation did not in any way put into question either the authority of the Government of Quebec to order under the Quebec Referendum Act that Quebecers "be consulted by referendum", or, more to the point, the right of Quebecers to express themselves on their future.

In his judgment, Mr. Justice Pidgeon ruled that certain of the questions raised by the plaintiff Mr. Bertrand in this case warrant a decision on the merits by a trial judge.

I understand, from your statements during your news conference on September 4, that the Government of Quebec does not intend to participate at the hearing on the merits of these questions in the context of the Bertrand case.

Your decision puts into question a democratic principle the fundamental character of which you must recognize. I am sure you would agree with me that in a democracy, the more serious a disagreement between interested parties, the more it is necessary to agree on the manner of resolving it. It is in the common interest that whatever may be the final decision, everyone considers that the process by which the decision is arrived at is just. If a dispute that contains important legal aspects to it arises over the process to be followed, it is appropriate that it be submitted to the courts. That is why the rule of law is indispensable to democracy.

The Governments of Quebec and of Canada are in disagreement over a process so serious that it could lead to the secession of Quebec. Other provincial governments have also stated points of view that are different from that of the Government of Quebec. The Government of Quebec submits that it can determine by itself alone the process of secession and that it is supported in this by international law. The federal government submits that international law does not give this power to the Government of Quebec and that a referendum does not create, as a matter of law, an automatic right of secession.

There are above all -- which is even more dangerous -- profound disagreements between citizens on the whole question as to which process to follow. As responsible governments, we have the duty to ensure that this crucial question is clarified. We need to know the state of Canadian domestic law, of international law, and which of them takes priority.

I understand that the Government of Quebec deems it inappropriate to continue this debate within the framework of the Bertrand case. However, Mr. Justice Pidgeon has identified the fundamental issues that must be clarified if we want to deal with any process related to the future of Quebec and Canada on a foundation that is stable, fair and respectful of the rule of law. It is on the basis of this judgment of the Superior Court of Quebec that I have formulated the three questions which I will refer to the Supreme Court.

I would therefore like to invite you, as Attorney General of Quebec, to participate in the hearing of a reference to the Supreme Court of Canada on questions related to the secession of Quebec from Canada.

It is, in my view, essential to resolve these questions now, and not in the context of debates during a referendum campaign. Many Quebecers and other Canadians are asking us these questions and they have a right to a response. I sincerely hope that you will be prepared to cooperate with me so that we can give some clear and fair answers to our fellow citizens.

Please accept, Mr. Minister, my most cordial greetings.

Allan Rock