The Relations between Canada and Quebec: An Appraisal

The paper analyses the longstanding issue of Quebec's self-determination, in light of the recent judgment of the Superior Court of Québec Henderson c. Attorney General of Quebec. After years of procedural delays, the appeal of the former Equality Party leader at the Assemblée nationale du Québec Keith O. Henderson has finally reached a ruling that could put an end – for now – to the decades-long dispute between Ottawa and Quebec. At the moment, it seems unlikely that the "clarity" of the referendum question will again be examined by the Canadian Supreme Court, twenty years after its famous Advisory Opinion on the possibility of secession of Québec and on the formulation of the related question. For the time being, the Superior Court of Québec finds itself in a deadlock in which the federal and provincial governments remain entrenched on their respective positions. The positive trend, in procedural terms, of the recent referendums on the independence of Scotland and New Caledonia – in which the strategic importance of a negotiated approach was fully recognized in ensuring that the referendum procedure is conducted in a peaceful and respectful manner between the parties – does not yet seem to inspire the governments of Ottawa and Quebec to take a decisive step towards a direct agreement on the question to be eventually submitted to the citizens.