1995 Quebec referendum
The 1995 Quebec referendum was the second referendum to ask voters in the predominantly French-speaking Canadian province of Quebec whether Quebec should proclaim sovereignty and become an independent country, with the condition precedent of offering a political and economic agreement to Canada.
The culmination of multiple years of debate and planning after the failure of the Meech Lake and Charlottetown constitutional accords, the referendum was launched by the provincial Parti Québécois government of Jacques Parizeau. Despite initial predictions of a heavy sovereignist defeat, an eventful and complex campaign followed, with the "Yes" side flourishing after being taken over by Bloc Québécois leader Lucien Bouchard.
Voting took place on 30 October 1995, and featured the largest voter turnout in Quebec's history. The "No" option carried by a margin of 54,288 votes, receiving 50.58% of the votes cast. Parizeau, who announced his pending resignation as Quebec premier the following day, later stated that he would have quickly proceeded with a unilateral declaration of independence had the result been affirmative and negotiations failed or been refused, the latter of which was later revealed as the federal position in the event of a "Yes" victory.
Controversies over both the provincial vote counting and direct federal financial involvement in the final days of the campaign reverberated in Canadian politics for over a decade after the referendum took place. In the aftermath of the close result, the federal government, after unilaterally recognizing Quebec as a distinct society and amending the federal constitutional veto procedure, referred the issue to the Supreme Court of Canada, which stated that the unilateral secession contemplated in the referendum was illegal.
Background
Quebec, a province in Canada since its foundation in 1867, has always been the sole majority French-speaking province. Long ruled by forces that focused on affirmation of the province's Francophone and Catholic identity within Canada, the Quiet Revolution of the early 1960s prompted a surge in civic and economic nationalism, as well as voices calling for the independence of the province and the establishment of a nation state. Among these was René Lévesque, who founded the with like-minded groups seeking independence from Canada. After winning power in 1976, the PQ government held a referendum in 1980 seeking a mandate to negotiate "sovereignty-association" with Canada, which was decisively defeated.In response to the referendum result, Prime Minister Pierre Trudeau said that he would seek to patriate the Canadian Constitution and institute what would eventually become the Canadian Charter of Rights and Freedoms. During tense negotiations in November 1981, an agreement was reached between Trudeau and nine of the ten provincial premiers by Trudeau, but not Lévesque. The Constitution Act 1982 was enacted without the Quebec National Assembly's approval, after the Supreme Court of Canada ruled against the Quebec government that its consent was not necessary for constitutional change.
New Prime Minister Brian Mulroney and Quebec Liberal premier Robert Bourassa sought a series of constitutional amendments designed to address Quebec's concerns. In the Meech Lake Accord, the federal government and all provincial premiers agreed to a series of amendments that decentralized some powers and recognized Quebec as a distinct society. The Accord, after fierce debate in English Canada, fell apart in dramatic fashion in the summer of 1990, as two provinces failed to ratify it within the three-year time limit required by the constitution. This prompted outrage among Quebec nationalists and a surge in support for sovereignty. While the Accord was collapsing, Lucien Bouchard, a cabinet minister in Mulroney's government, led a coalition of six Progressive Conservative members of parliament and one Liberal MP from Quebec to form a new federal party devoted to Quebec sovereignty, the.
Following these events, Bourassa said that a referendum would be held in 1992, with either sovereignty or a new constitutional agreement as the subject. This prompted a national referendum on the Charlottetown Accord of 1992, a series of constitutional amendments that included the proposals of the Meech Lake Accord as well as other matters. The Accord was rejected by a majority of voters both in Quebec and English Canada.
In the 1993 federal election, the Liberals returned to power with a majority government under Jean Chrétien, who had been Minister of Justice during the 1980–81 constitutional discussions and the Bloc Québécois won 54 seats with 49.3% of Quebec's vote. The result made the Bloc the second largest party in the House of Commons, giving it the role of Official Opposition and allowing Bouchard to confront Chrétien in Question Period on a daily basis.
In Quebec, the 1994 provincial election brought the back to power, led by Jacques Parizeau. The party's platform promised to hold a referendum on sovereignty during the first year of its term in office. The PQ won a majority government with 44.75% of the popular vote, just ahead of the Liberals' 44.4%.
Prelude
In preparation for the referendum, every household in Quebec was sent a draft of the Act Respecting the Future of Quebec, with the announcement of the National Commission on the Future of Quebec to commence in February 1995. The commission was boycotted by the Liberal Party of Quebec, the Liberal Party of Canada, and the Progressive Conservative Party of Canada.The primary issue of debate within the sovereignty movement became on what terms sovereignty would be put before the electorate. Parizeau, long identified with the independantiste wing of the party, was opposed to the PQ's general historical preference for an economic relationship with the rest of Canada to be offered alongside sovereignty, as he thought this would encourage the Federal government to simply refuse to negotiate and cast the project as doomed, as had happened in 1980. As a practical matter, Parizeau believed that given the emotional circumstances of separation a special partnership was unlikely, and that given free trade agreements and other multilateral institutions it was unnecessary.
Parizeau's stance created opposition in the sovereignty movement, which coalesced around Bloc Québécois leader Lucien Bouchard. A popular and charismatic figure, Bouchard had come close to death from necrotizing fasciitis and lost his left leg. His recovery, and subsequent public appearances on crutches, provided a rallying point for sovereigntists and the public at large. Bouchard thought a proposal lacking a partnership would doom the project among soft nationalists who worried about the economic consequences of separation.
As polls showed Parizeau's approach as highly unlikely to even exceed 40% support in a referendum, leaders of the movement engaged in a heated public debate. After Parizeau moved the planned referendum date to the fall, Deputy Premier Bernard Landry aroused ire by stating he would not want to be involved in a "charge of the light brigade." During the Bloc's April conference, after a speech demanding a change in direction, Bouchard expressed ambivalence to a radio show about participating if a partnership proposal was not included. Mario Dumont, leader of the new Action démocratique du Québec, also stated that he would only consider participation in the referendum if a partnership was made part of the question.
The final findings of the National Commission, issued April 19, included a statement that the public generally desired an economic partnership with Canada. Fearing Bouchard and Dumont would further dilute their position as the referendum wore on, Parizeau agreed to negotiate a broader approach, and would agree to a statement that included partnership with Dumont and Bouchard on June 12, 1995. The Agreement contained details of the partnership negotiation process, and a general plan of seeking "sovereignty" while requiring an economic and social partnership offer be negotiated and presented to the rest of Canada. Most importantly for Parizeau, the agreement also allowed the government to declare immediate independence if negotiations were not successful or heard after a successful referendum.
''Bertrand v. Quebec''
The looming referendum prompted a number of actions in the Quebec Superior Court, which were consolidated under the application of prominent lawyer Guy Bertrand. Bertrand asked for interim and permanent injunctions against the holding of the referendum. The Federal Attorney General declined to intervene, and after failing in a motion to strike the application, the Quebec Attorney General unilaterally withdrew from the hearing. The Quebec government moved the September sitting of the National Assembly two days forward to be sure that parliamentary immunity would prevent MNAs from being summoned to testify.Justice Lesage of the Court found that secession could only legally be performed by constitutional amendment pursuant to Section V of the Constitution Act, 1982, and that a unilateral declaration of independence would be "manifestly illegal." Lesage refused to issue an injunction to stop the referendum, as he believed that to do so could paralyze the workings of government and cause more disorder than the referendum being held. The Court opted for declaratory relief, declaring that the Sovereignty Bill and the referendum constituted a serious threat to Bertrand's Charter rights.
Parizeau denounced the decision as undemocratic, stated that the Constitution Act, 1982 did not apply to Quebec, and refused to move the referendum timetable. Quebec Attorney General Paul Bégin stated that he believed an extra-constitutional referendum was legal pursuant to international law. Quebec Liberal leader and "No" campaign chairman Daniel Johnson announced the following day that the ruling would not change the strategy of the "No" campaign. Some Federal officials questioned if their level of government could be involved after the declaration, but ultimately the Federal government decided to participate.