Legislation
Clarity Act, 2000
Parliament gave the House of Commons the task of judging whether a secession question and result are clear before Canada negotiates.
What happened
The Act requires the House of Commons to judge whether a provincial secession question is clear, and later whether a clear majority has expressed a clear will, before the Government of Canada may negotiate.[1][2] It rules out questions that seek only a negotiating mandate or that mix secession with other arrangements.[1]
Sources for this page
Each number marks a specific claim. Notes give the source, its locator and how it relates to the claim.
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1.
Claim: The Clarity Act requires the House of Commons to decide within thirty days whether a provincial secession question is clear, and says a question focused only on a mandate to negotiate, or envisaging economic or political arrangements with Canada that obscure a direct choice, would not produce a clear expression of will.
- An Act to give effect to the requirement for clarity as set out in the opinion of the Supreme Court of Canada in the Quebec Secession Reference (Justice Laws Website, Government of Canada, 29 June 2000) link, s. 1(1), (3) and (4). Source record
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2.
Claim: After a referendum the House must also decide whether there has been a clear expression of will by a clear majority, considering the size of the majority, turnout and other matters, and the Government of Canada may not negotiate secession otherwise.
- An Act to give effect to the requirement for clarity as set out in the opinion of the Supreme Court of Canada in the Quebec Secession Reference (Justice Laws Website, Government of Canada, 29 June 2000) link, s. 2. Source record