Lessons lie in tussle after Quebec’s vote

A PORTENT of the legal wranglings that face Scotland can be observed in the Canadian experience, where Quebecers voted in referendums in 1980 and 1995.

On each occasion the Quebec nationalists lost out to the federalists. The 1995 result was an extremely close, 50.58 per cent to 49.22 per cent. Much controversy surrounded the ambiguity of the ballot question, resulting in the issue going to the Canadian supreme court, which concluded that Quebec did not have the right to secede unilaterally under Canadian or international law. The government of Canada would have to enter into negotiations with the Quebec government if Quebec expressed a clear will to secede.

The upshot was a Clarity Act, giving the Canadian parliament the power to decide whether a question was clear before the vote and implying that a large majority is required for success.