Act respecting the exercise of the fundamental rights and prerogatives of the Québec people and the Québec State


Act respecting the exercise of the fundamental rights and prerogatives of the Québec people and the Québec State

"An Act respecting the exercise of the fundamental rights and prerogatives of the Québec people and the Québec State" (Bill 99) (R.S.Q., c. E-20.2) (French: "Loi sur l'Exercice des droits fondamentaux et des prérogatives du peuple québécois et de l'État du Québec, L.R.Q. c. E-20.2") is a Quebec law passed in opposition and in contradiction with the federal "Clarity Act" (S.C. 2000, c. 26). The Act was introduced by Joseph Facal to the National Assembly of Quebec in emergency on 15 December 1999, two days after the introduction of Bill C-20 before the Canadian House of Commons. It was adopted on 7 December 2000, by a majority of 69 against 41.

Whereas the federal act states that, in the case of a referendum about the secession of a Canadian province, the House of Commons has the power to determine afterwards whether the question was clear enough and whether the obtained majority was large enough for the result to be accepted, the provincial one stipulates that Quebecers could opt for the secession of Quebec State by obtaining a simple majority of votes in a referendum. Both acts are mandates given to their respective governments.

The motivating force behind passage of the "Act respecting the exercise of the fundamental rights and prerogatives of the Québec people and the Québec State" was to ensure that, even absent a referendum, Quebec's political fate could result only from decisions made by Quebecers and not by other Canadians. The constitutional validity of both "Clarity Act" and the "Act respecting the exercise of the fundamental rights and prerogatives of the Québec people and the Québec State" has been questioned, however, with respect to the Constitution Act 1867's allocation of legislative powers between the federal and provincial government.

Legal Challenge to Bill 99

In August 2007, three justices of the Quebec Court of Appeal judged unanimously that Keith Henderson, previous chief of the English-rights Equality Party, has permissible position to question the lawfulness of Bill 99. [http://www.canada.com/montrealgazette/news/editorial/story.html?id=940b6480-253f-47c0-836f-d5d8aed3361e]

Henderson's lawyer, Brent Tyler declared that the Quebec administration, which replied that his client does not have warranted rank to try Bill 99, can question the Supreme Court of Canada to permit a supplication of this week's decision. But he didn't anticipate such a question to be authorized. [http://www.canada.com/montrealgazette/news/editorial/story.html?id=940b6480-253f-47c0-836f-d5d8aed3361e]

External links

* [http://www.canlii.org/qc/laws/sta/e-20.2/20041104/whole.html Text of the Act]


Wikimedia Foundation. 2010.

Look at other dictionaries:

  • Quebec sovereignty movement — The Quebec sovereignty movement ( fr. Mouvement souverainiste du Québec) is a political movement aimed at either attaining independent statehood (sovereignty) or some degree of greater political autonomy [… …   Wikipedia

  • Constitution of Quebec — The constitution of Quebec comprises a set of legal rules which fall in either one of the follow categories:[1] The provisions of the Constitution Act, 1867 pertaining to the provinces of Canada in general and Quebec in particular[2]; The organic …   Wikipedia

  • History of the Quebec sovereignty movement — The History of the Quebec sovereignty movement began in the late 1967, when René Lévesque formed the Mouvement Souveraineté Association, or MSA.Origins Main article: Quebec nationalism Sovereigntism and sovereignty are terms that refer to the… …   Wikipedia

  • Clarity Act — Constitution of Canada This article is part of a series Constitutional history …   Wikipedia

  • List of documents from the constitutional history of Canada — This is a list of significant documents related to the history of the Constitution of Canada, some of which constitute part of the Constitution itself. (see List of Canadian constitutional documents for a list of documents that make up the… …   Wikipedia

  • List of Canadian provincial Acts — The following is a list of notable Acts passed by all Canadian provinces and territories.Alberta* Alberta School Act * Residential Tenancies Act (Alberta)British Columbia* Access to Abortion Services Act * Safe Streets Act * Constitution… …   Wikipedia

  • Monarchy of Canada — This article is about the monarchy of Canada. For information on the other countries which share the same person as monarch, see Commonwealth realm. For the current Queen of Canada, see Elizabeth II. Not to be confused with Monarchism in Canada.… …   Wikipedia

  • United States — a republic in the N Western Hemisphere comprising 48 conterminous states, the District of Columbia, and Alaska in North America, and Hawaii in the N Pacific. 267,954,767; conterminous United States, 3,022,387 sq. mi. (7,827,982 sq. km); with… …   Universalium

  • international relations — a branch of political science dealing with the relations between nations. [1970 75] * * * Study of the relations of states with each other and with international organizations and certain subnational entities (e.g., bureaucracies and political… …   Universalium

  • France — /frans, frahns/; Fr. /frddahonns/, n. 1. Anatole /ann nann tawl /, (Jacques Anatole Thibault), 1844 1924, French novelist and essayist: Nobel prize 1921. 2. a republic in W Europe. 58,470,421; 212,736 sq. mi. (550,985 sq. km). Cap.: Paris. 3.… …   Universalium