>From: kelias@llc.org (Robert Keith Elias)
>Subject: THE PARLIAMENT OF QUEBEC ENACTS AS FOLLOWS
>Sender: pipkin
>To: LawSoc-L@cc.umanitoba.ca
> The draft Bill explained section by section
>
> THE PARLIAMENT OF QUEBEC ENACTS AS FOLLOWS:
>
>
> SOVEREIGNTY
>
> 1. Qu=C7bec is a sovereign country.
>
> | When becoming a sovereign country, Qu=C7bec will cease to be part
> | of Canada. It will become an independent nation like France, the
> | United States of America and the other members of the United
> | Nations.
> |
> | Qu=C7bec will then have full control over all its taxes, and
> | Qu=C7bec taxpayers will no longer pay income tax or other taxes to
> | Ottawa. But neither will they be represented in the Canadian
> | Parliament.
> |
> | Current federal laws and existing treaties will remain in force,
> | but all new laws will be passed by the Qu=C7bec National Assembly
> | and new treaties will be signed by the Qu=C7bec government.
>
>
> ECONOMIC ASSOCIATION
>
> 2. The Government is authorized to conclude, with the Government
> of Canada, an agreement the purpose of which is to maintain an
> economic association between Qu=C7bec and Canada.
>
> Such an agreement must be approved by the National Assembly
> before being ratified.
>
> | The free movement of goods and services, of capital and of
> | persons that currently prevails between Qu=C7bec and Canada is not
> | perfect, but it is of obvious advantage to both parties. It must
> | be preserved for the mutual benefit of Qu=C7bec and Canada.
> |
> | At the present time, Qu=C7bec is, after the United States, the
> | main economic partner of Canada, while Canada is the foremost
> | export market for Qu=C7bec businesses. Total trade between Qu=C7bec
> | and Canada exceeds $100 billion. It is in the interest of both
> | Canada and Qu=C7bec to keep the current economic space intact.
> |
> | Qu=C7bec has clearly indicated that it does not intend to
> | establish a customs barrier between itself and Canada. And
> | Canada would contradict its own trade policy and penalize itself
> | if it were to do so.
> |
> | The retention of the common economic market could be enshrined
> | in an agreement that would lay down all its terms, like the many
> | economic association agreements existing throughout the world.
> | Such an accord could, should the parties so desire, include the
> | creation of intergovernmental agencies for the joint management
> | of certain components of the economic association, such as the
> | St. Lawrence Seaway.
>
>
> NEW CONSTITUTION
>
> 3. The Government shall, in accordance with the procedure
> determined by the National Assembly, see to the drafting of a
> constitution for Qu=C7bec and to its adoption.
>
> The constitution shall include a charter of human rights and
> freedoms. It shall guarantee the English-speaking community
> that its identity and institutions will be preserved. It shall
> also recognize the right of Aboriginal nations to
> self-government on lands over which they have full ownership.
> Such guarantee and such recognition shall be exercised in a
> manner consistent with the territorial integrity of Qu=C7bec.
>
> | The constitution will provide for the decentralization of
> | specific powers to local and regional authorities together with
> | sufficient fiscal and financial resources for their exercise.
> |
> | The constitution of a sovereign Qu=C7bec must reflect its long
> | democratic tradition, one of the oldest in the world. The
> | National Assembly will determine how the constitution will be
> | drafted, discussed and adopted. Until this new constitution
> | comes into effect, the present constitutional rules will apply.
> |
> | Qu=C7bec already has its own Charter of human rights and freedoms.
> | Its laws also guarantee the Anglophone community and the
> | aboriginal nations certain rights. These rights could be better
> | defined and protected by enshrining them in the new
> | constitution.
> |
> | Also, the repatriation of federal powers will pave the way for a
> | true decentralization in favour of local and regional
> | authorities. The nature of this decentralization will be
> | discussed with the interested parties and its main features will
> | be enshrined in the constitution.
>
>
> TERRITORY
>
> 4. Qu=C7bec shall retain the boundaries it has within the Canadian
> Confederation at the time section 1 comes into force. It shall
> exercise its jurisdiction over the maritime areas and the
> territories adjoining its coastline in accordance with the terms
> and conditions provided by the rules of international law.
>
> | Currently, Qu=C7bec's borders are clearly defined by law and are
> | subject to no conditions. Under the Canadian Constitution, they
> | cannot be changed without Qu=C7bec's consent.
> |
> | Moreover, according to one of the most firmly established
> | principles of international law, a country that becomes
> | sovereign keeps its borders intact.
> |
> | The presence of aboriginal nations and minority ethnic groups
> | does not and has never prevented a country from becoming
> | sovereign. Indeed, rare are the countries that have become
> | sovereign without having minorities in their midst. Furthermore,
> | aboriginal and ethnic communities are protected by international
> | conventions that Qu=C7bec intends to respect fully.
>
>
>
> CITIZENSHIP
>
> 5. Every person who holds Canadian citizenship and is domiciled
> in Qu=C7bec at the time section 1 comes into force is a Qu=C7bec
> citizen.
>
> Every person who, after the coming into force of section 1, is
> born in Qu=C7bec or is born outside Qu=C7bec to a father or mother
> holding Qu=C7bec citizenship is also a Qu=C7bec citizen.
>
> Qu=C7bec citizenship may also be acquired in the manner determined
> by the National Assembly.
>
> Qu=C7bec citizenship may be held concurrently with citizenship of
> Canada or of any other country.
>
> | According to current Canadian law, any Canadian citizen can
> | obtain one or even a number of nationalities without losing his
> | or her Canadian citizenship. This tends to be the general rule,
> | given the increase in exchanges and the opening of borders.
> |
> | This would also be true in a sovereign Qu=C7bec, which would allow
> | its nationality to be held along with that of any other country,
> | including Canada.
>
>
>
> CURRENCY
>
> 6. The legal currency of Qu=C7bec shall continue to be the
> Canadian dollar.
>
> | Quebecers hold nearly a quarter of Canada's currency (bills and
> | deposits in banks and caisses). This represents more than $100
> | billion. There is no way to take away from Quebecers what
> | belongs to them, or to prevent a sovereign Qu=C7bec from using the
> | Canadian dollar if it so wishes.
> |
> | Up to now, Qu=C7bec has never been consulted on the monetary
> | policy followed by the Bank of Canada (especially in regards to
> | interest rates). With sovereignty, the situation can only
> | gradually improve.
>
>
>
> TREATIES
>
> 7. Qu=C7bec shall assume the obligations and enjoy the rights
> arising out of the treaties to which Canada is a party and the
> international conventions to which Canada is a signatory,
> in accordance with the rules of international law.
>
> | Countries sign treaties with each other because it is in their
> | interest to do so. Once the treaties are signed, it is in the
> | interest of the signatories to maintain them. This is why
> | international law favours the maintenance of treaties when a new
> | country becomes sovereign. This is what is called "State
> | succession", by which the new country succeeds automatically to
> | the rights and obligations of the country of which it was
> | formerly a part.
> |
> | Qu=C7bec will comply with this practice of the continuity of
> | treaties.
>
>
>
> INTERNATIONAL ALLIANCES
>
> 8. The Government is authorized to apply for the admission of
> Qu=C7bec as a member of the United Nations Organization and other
> international bodies.
>
> | When it is admitted to the United Nations, Qu=C7bec will become
> | its 185th member. It will be the 18th largest member in terms of
> | territory, the 11th in terms of per capita wealth and the 80th
> | in terms of population.
> |
> | It should be pointed out that Montr=C7al is already the
> | headquarters of one of the official agencies of the United
> | Nations, the International Civil Aviation Organization, as well
> | as of many other major international institutions.
> |
> | Nowadays, it is not unusual for new countries to emerge. Over
> | the past ten years, some 28 countries have joined the United
> | Nations Organization.
>
>
> 9. Qu=C7bec shall take the necessary steps to remain a member
> particularly of the Commonwealth, the French-speaking community,
> the North Atlantic Treaty Organization, the North American
> Aerospace Defence Command, the North American Free Trade
> Agreement and the General Agreement on Tariffs and Trade.
>
> | Qu=C7bec meets all the conditions for joining the various
> | alliances of which Canada is already a member. In fact, these
> | alliances have historical, cultural, political or economic
> | foundations that Qu=C7bec, like Canada, can claim.
> |
> | In some of these alliances, particularly the World Trade
> | Organization, which has succeeded the GATT, Qu=C7bec could be
> | admitted simply by State succession. In other cases, like the
> | North American Free Trade Agreement, admission could also be by
> | State succession with the consent of the signatories.
>
> CONTINUITY OF LAW
>
> 10. Laws passed by the Parliament of Canada that apply in Qu=C7bec
> at the time section 1 comes into force, and the regulations
> under such laws, shall remain in force until amended or repealed
> by the National Assembly.
>
> 11. Pensions and supplements payable to the elderly shall
> continue to be paid by the Government according to the same
> terms and conditions. Permits, licences and authorizations that
> have been issued shall remain in force until their expiry.
>
> 12. The courts of civil or criminal jurisdiction shall continue
> to exist; the judges presiding over them shall continue in their
> appointment and retain their authority. Cases pending may be
> continued until judgment. The Court of Appeal of Qu=C7bec shall
> become the court of highest jurisdiction until a Supreme Court
> is established under the new constitution provided for in
> section 3.
>
> The judges of the Federal Court and of the Supreme Court of
> Canada who were members of the Qu=C7bec Bar shall become, if they
> so wish, judges of the Superior Court and of the Court of Appeal
> of Qu=C7bec, respectively.
>
> 13. The government may, in keeping with the procedure provided
> by law, appoint all persons required and take all steps
> necessary to facilitate the application of the Canadian laws
> that continue to apply in Qu=C7bec pursuant to section 10. The
> sums required for the application of those laws shall be taken
> out of the consolidated revenue fund.
>
> In making appointments under this section, the Government shall
> give priority to the public servants and other employees of the
> Government of Canada or of an agency or body thereof who reside
> in Qu=C7bec.
>
> 14. Until the coming into force of the new constitution provided
> for in section 3, the laws, rules and conventions which govern
> the internal constitution of Qu=C7bec and access to
> English-language schools shall remain in force.
>
> | Explanation of sections 10 to 14
> |
> | There will not be any legal vacuum when Qu=C7bec becomes
> | sovereign. All the necessary steps will have been taken for the
> | Qu=C7bec government to immediately take over from the federal
> | government.
> |
> | In most cases, services will continue to be provided by the same
> | public servants and other employees of the federal government
> | working in Qu=C7bec, who will simply perform their duties as
> | before, but as employees of the Qu=C7bec government. In other
> | cases, measures will be taken so that people receive federal
> | services with no interruption.
> |
> | All federal public servants and other employees residing in
> | Qu=C7bec will be able to become employees of the Qu=C7bec government
> | if they wish to do so. Their services will be required to enable
> | Qu=C7bec to take over from the federal government. This is why the
> | Draft Bill on the Sovereignty of Qu=C7bec provides that they be
> | hired as a priority to carry out the new duties assumed by the
> | Qu=C7bec government.
>
>
> APPORTIONMENT OF PROPERTY AND DEBTS
>
> 15. The government may conclude, with the government of Canada,
> any agreement relating to the apportionment of the property and
> debts of Canada, and to any other matter susceptible of
> facilitating the application of this Act.
>
> | The rules of international law governing the apportionment of
> | property and debts in the event of the accession to sovereignty
> | of a new country are quite complex and depend upon the
> | particular circumstances of the countries involved. But there
> | are plenty of examples on which to draw upon since many
> | countries have had to carry out such an arrangement.
> |
> | Qu=C7bec is prepared to comply with the rules of international law
> | and to conclude with Canada an agreement on the apportionment of
> | property and debts that will supplement the arrangements to be
> | made on transitional measures and on the retention of the common
> | economic market.
>
> COMING INTO FORCE
>
> 16. This Act comes into force one year after its approval by
> referendum, unless the National Assembly fixes an earlier date.
>
> However, section 2, 3 and 15 come into force on the day
> following the day this Act is approved by referendum.
>
> | Qu=C7bec will not become a sovereign country on the day after the
> | referendum. Accession to sovereignty must be carefully prepared
> | and discussions must be held with the Government of Canada on
> | the manner of apportioning Canada's property and debts, on the
> | best ways to retain the common economic market and on the
> | various other transitional measures.
> |
> | The one-year transition period provided for in the Draft Bill
> | was that recommended by the B=C7langer-Campeau Commission and
> | specified in the Act respecting the process for determining the
> | political and constitutional future of Qu=C7bec (Bill 150),
> | adopted by the National Assembly in 1991.
> |
> | This period may, of course, prove to be too long, and the
> | National Assembly will be able to adjust it accordingly.
> |
> | However, the legal provisions required to prepare accession to
> | sovereignty, like those dealing with negotiations with Canada
> | and the drafting of a new constitution, will come into effect
> | soon after the Draft Bill has been approved by the people.
>
> 17. This Act shall be submitted to a referendum.
>
> This Act may not come into force unless a majority of the votes
> cast by the electors in a referendum held in accordance with the
> Referendum Act on the following question are cast in the
> affirmative:
>
> "Are you in favour of the Act passed by the National Assembly
> declaring the sovereignty of Qu=C7bec? YES or NO"
>
> | The Referendum Act, adopted in 1978, provides that a referendum
> | may be held either on a question or on a draft bill.
> |
> | When a referendum is held on a draft bill, the Referendum Act
> | provides that the bill must first be adopted by the National
> | Assembly, but it cannot become an effective law unless it is
> | approved by a majority of the votes in the referendum.
> |
> | The majority rule provided in the Draft Bill is the rule
> | universally followed by all democratic societies in determining
> | the political future of a nation.
> Friar Broccoli
> Robert Keith Elias (Quebec, Qc, Canada) Address: kelias@LLC.ORG
-- Peter d'Errico derrico@legal.umass.edu Legal Studies Department voice: 413-545-2003 University of Massachusetts/Amherst 01003 fax: 413-545-1640