SASKATCHEWAN APPEARS BEFORE THE SUPREME COURT OF CANADA IN THE FEDERAL GOVERNMENT'S QUEBEC SECESSION REFERENCE

Released on February 17, 1998

Justice Minister John Nilson and Intergovernmental and Aboriginal

Affairs Minister Berny Wiens announced that Saskatchewan Justice

officials appeared before the Supreme Court of Canada today to present

Saskatchewan's position on the Quebec secession reference.

Saskatchewan's case was presented by Deputy Minister of Justice and

Deputy Attorney General John Whyte, Q.C., and Graeme Mitchell,

Director of the Constitutional Law Branch of Saskatchewan Justice.

"The future of Canada and Quebec secession are important issues for

all Canadians," Nilson said. "Consequently, we thought it vitally

important for Saskatchewan to participate in the deliberation of this

important issue.

"Saskatchewan agrees that the decision about whether Quebec should

secede can only be made in Quebec. However, once that decision is

made, we believe that there are constitutionally prescribed processes

to follow to ensure that the interests of Canadians - both inside and

outside Quebec - are respected.

"This case, as much as any other case in our country's history,

concerns the most fundamental issue for any nation, the Rule of Law."

"The people of Saskatchewan, like all Canadians, have an interest

in understanding what the rules are, including the role of the

provinces, in the event that Quebecers were to vote in favour of

separation," Nilson said.

Saskatchewan is intervening primarily for the purpose of arguing

that Quebec secession would require a series of constitutional

amendments that must involve the participation of the provinces.

The argument presented before the Supreme Court earlier today is

as follows:

unilateral secession goes beyond the powers of a province

under the Constitution of Canada;

secession of a province is constitutional change; and

therefore

the Constitution must be examined to determine how such a

change can be made.

The three ways to change the Canadian Constitution are: a

unilateral process of amendment (province or federal

government may act alone), a bilateral process (the

federal government and a province act in agreement) and a

multilateral process (the federal government and at least

two-thirds of the provinces must consent);

neither a unilateral or bilateral process is appropriate

because of the wide-spread impact secession would have on

constitutional rights and powers held by individual

Canadians and all the governments of Canada;

secession is a form of constitutional amendment and, under

Canada's constitutional rules, requires multilateral

consent; and finally

international law does not recognize Quebec's right

to effect secession from Canada unilaterally.

Minister Wiens emphasized that the Supreme Court reference is

only one part of the Government of Saskatchewan's Unity approach.

"Saskatchewan intends to continue to do what it can to encourage

the increasingly strong and effective voices arguing for Canada

in Quebec," Wiens said. "We will continue to work with all

governments in Canada to effect positive change to strengthen our

country.

"Saskatchewan will continue to foster the sense of goodwill

towards the people of Quebec that was voiced during the public

consultation in this province on the Calgary Declaration. The

people of Saskatchewan have expressed their genuine and heartfelt

desire to have Quebec remain a part of this great nation."

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For more information, contact:

Warren Bickford

Justice

Communications Branch

Regina

Phone: (306)787-8606

Email: wbickford@justice.gov.sk.ca

SASKATCHEWAN APPEARS BEFORE THE SUPREME COURT OF CANADA IN THE FEDERAL GOVERNMENT'S QUEBEC SECESSION REFERENCE

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