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IN THE SUPREME COURT OF CANADA
IN THE MATTER OF Section 53 of the Supreme Court Act, R.S.C. 1985, Chap. S-26;
AND IN THE MATTER OF a Reference by the Governor in
Council concerning certain questions relating to the secession of Quebec from Canada,
as set out in Order in Council P.C. 1996-1947, dated the 30th day of September, 1996.
FACTUM OF THE ATTORNEY GENERAL OF CANADA
George Thomson L. Yves Fortier, Q.C.
Deputy Attorney General of Canada Pierre Bienvenu
per Jean-Marc Aubry, Q.C. Ogilvy Renault
and Warren J. Newman Advocates
Department of Justice of Canada 1981 McGill College Avenue
259-239 Wellington Street Suite 1100
Ottawa, Ontario K1A 0H8 Montreal, Quebec H3A 3C1
Telephone: (613) 957-4663 Telephone: (514) 847-4740
Facsimile: (613) 952-6006 Facsimile: (514) 286-5474
COUNSEL AND AGENTS FOR INTERVENERS
TABLE OF CONTENTS
PART I
STATEMENT OF FACTS
- The Draft Bill, An Act respecting the sovereignty of Québec,
and the Proposed Process
- Initial Steps in the Process
- The Tripartite Agreement
- The Bertrand Case
- Bill 1, An Act respecting the future of Québec
- The Judgment of Mr. Justice Lesage in the Bertrand Case
- The Singh Case
- The Referendum and its Aftermath
- Motions to Dismiss the Bertrand and Singh Cases
- Appearance by the Attorney General of Canada in the Bertrand Case
- Urgent Motion in the National Assembly
- The Judgment of Mr. Justice Pidgeon
- The Reference to the Supreme Court of Canada
- PART II
-
POINTS IN ISSUE
- PART III
- ARGUMENT
-
QUESTION 1
- I. Overview
- II. The Canadian Constitutional Framework
- A. Constitutional Government
- B. The Rule of Law
- C. The Role of the Courts
- D. The Federal Nature of the Constitution of Canada
- E. Conclusion
- III. The Constitution of Canada and Secession of a Province
- A. The Extraordinary Nature of Secession
- B. Secession in the Context of the Constitution of Canada
- C. Secession and the Need for Constitutional Amendment
- D. Part V of the Constitution Act, 1982
- (i) Institutional Participants
- (ii) The Various Part V Procedures
- E. Application : The Scope of Unilateral Amendments Under Section 45
- IV. No Need to Address Other Issues
QUESTION 2
I. Overview
II. General Principles : Sources of International Law
III. The Development of the Law of Self-Determination 43
- A. The Charter of the United Nations
- B. Colonial Self-Determination
- C. The 1966 Covenants on Human Rights
- D. The 1970 Declaration on Friendly Relations
- E. The Work of the Organization on Security and Cooperation in Europe
IV. The Current Law of Self-Determination 56
- A. The International Instruments
- B. State Practice
- C. Lex ferenda : Towards a Broader Application of Internal Self-Determination
- D. Lex lata : No Right to Unilateral Secession
- E. Conclusion
V. Self-Determination Under International Law: A Right Fully Enjoyed by
Quebecers Within Canada
VI. Conclusion
QUESTION 3
I. There is No Conflict
II. Principles Governing Application of International Law in Canada
- A. Treaties
- B. Customary International Law
III. Conclusion
PART IV
ORDER REQUESTED
PART V
AUTHORITIES
PART VI
APPENDIX
English Translation of Original Citations in French
as they appear in the English Version of the Factum
of the Attorney General of Canada
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