Respecting Democratic Constitutional Change

28 Pages Posted: 12 Mar 2014

See all articles by Craig Scott

Craig Scott

York University - Osgoode Hall Law School

Date Written: March 11, 2014

Abstract

The present paper comments on the author's Canadian House of Commons private member's Bill C-470, An Act Respecting Democratic Constitutional Change, introduced in February 2013 as an alternative to the federal Clarity Act by the author in his capacity as Member of Parliament for Toronto-Danforth and Official Opposition Critic for Democratic Reform. It is an edited version of a lecture delivered at the University of Toronto Faculty of Law in March 2013 and of a paper presented at a seminar at Glendon College, York University, in January 2014. The focus of the paper is the law, politics and policy around secession within Canada's constitution. The paper has a special focus on the reasoning of the Supreme Court of Canada in Reference re Secession of Quebec and on the infirmities of the Clarity Act as a response to that judgment, situating the analysis within broader aspirations for a more robust integration of Quebec into the Canadian constitutional framework.

Keywords: Canada, Quebec, secession, constitution, clarity, amendment, democracy, majority, legislation

Suggested Citation

Scott, Craig M., Respecting Democratic Constitutional Change (March 11, 2014). Available at SSRN: https://ssrn.com/abstract=2407669 or http://dx.doi.org/10.2139/ssrn.2407669

Craig M. Scott (Contact Author)

York University - Osgoode Hall Law School ( email )

Canada

HOME PAGE: http://craigscott.ndp.ca

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