The Communist Party of Canada strongly denounces the decision of the federal Conservative government to deny the right to self‑determination of the people of Québec, by intervening before the Québec Superior Court in support of the legal challenge to Bill 99 initiated by the former head of the Equality Party, Keith Henderson.
Bill 99 was adopted in 2000 in response to the federal government’s “Clarity Act,” which imposes the burden of more than a simple majority in response to a question deemed “clear” by the federal government, in order for Québec to be able to declare sovereignty. The “Clarity Act” is in fact an outright denial of the right to self‑determination of Québec.
The purpose of Bill 99 was to reaffirm the right to self‑determination of the people of Québec, by establishing that the determination of the question remains the exclusive prerogative of the National Assembly of Québec, and that a simple majority of votes cast in a referendum is sufficient for the exercise. The federal government has asked the Court to “mitigate” the interpretation of these provisions, or failing to do so, to declare Bill 99 “ineffective.”
Denying its recognition in 2006 of the Québec nation, which obviously was meaningless, the Conservative government says that “the Court should declare “that under the Constitution of Canada, Québec is established as a province of Canada, and the impugned Act does not and can never provide the legal basis for a unilateral declaration of independence… or the unilateral secession of the `Québec State’ from the Canadian federation.”
As a result, on October 23, despite some reluctance on the part of the Liberals, the 125 members of the National Assembly of Québec, from all parties, unanimously passed a motion condemning the federal government’s attack on the prerogative of Québecers to choose their future. Despite this, the Conservatives maintain their chauvinist offensive.
Among the opposition in the House of Commons, the Liberals, through their MP Stéphane Dion, the author of the Clarity Act, wholeheartedly applaud the Conservatives. NDP leader Thomas Mulcair suggests that the matter is just chicanery among the old parties and ultimately of little importance, although he expressed support for the principle of a simple referendum majority. However, this is sheer hypocrisy, since the NDP unanimously voted last March with the Conservatives and Liberals against a Bloc Québécois bill to repeal the Clarity Act, reiterating their support for federal government supervision of Québec’s right to self‑determination.
Contrary to these parties, the Communist Party of Canada recognizes Québec’s right to self‑determination, up to and including the right to secede, and to choose the form of sovereignty that the majority of people want: an independent state, a confederation of equal states or nations, or autonomy.
For many years, the Communist Party has advocated a new constitution based on an equal and voluntary partnership of Québec and English Canada, and of the Aboriginal peoples, protecting and enhancing their traditional national rights, including the right to genuine self‑government, with a veto against any changes that may affect their constitutional status, and the right to accelerated economic, social and national development.
The Communist Party advocates a confederal republic of different nations, with two legislative chambers at the central level. The first chamber would be similar to the present House of Commons, but elected by a new system of mixed‑member proportional representation. Replacing the current Senate would be a House of Nationalities, consisting of an equal number of MPs from Québec and English Canada, and significant, guaranteed numbers from Aboriginal peoples (First Nations, Inuit and Metis) and Acadiens. Each chamber should have the right to propose draft legislation which would become law if adopted by both bodies. In addition, Aboriginal peoples would have the right of veto on any matter concerning national development. This structure would protect both fundamental democratic principles: the equal rights of nations, whatever their size, and majority rule.
Central Committee, Communist Party of Canada, October 27, 2013