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Supreme Court of Canada's
Decision on Secession


Overview of the Supreme Courts Decision on Secession

- Supreme Court established 1875.
- Supreme Court's decision, that repatriation of constitution legal, however it needs the agreement of both the federal government and provinces to modify constitution
- Between 1987 and 1990 language-related conflict in Quebec over Bill 101.


Supreme Courts Decision on Secession

The Supreme Court of Canada was established in 1875. It has the power to determine which level of government has jurisdiction over which powers. The Supreme Courts decision on secession in September 1981 was that although unilateral repatriation of the Constitution was legal, it ran counter to the Canadian constitution conventions. Which means that the federal government and the provinces need to reach an agreement before modifying the constitution.

Between 1987 and 1990 another language-related storm raged in Quebec. This time people were fighting about Bill 101. The Bill is to let French be a predominate language in all areas of public life. The English speaking people in Quebec did not like this Bill, they felt that it was to restrictive.

The Supreme Court's decision, based the new constitution was that certain provisions of Bill 101 such as those dealing with public signs are to be illegal. The law remained basically unchanged.



Copyright 1998, Phil C. & Hussein B.