Jump to the follwoing sections:
Bill 1
An Act Respecting the Future of Québec
(The Sovereignty Bill, Introduced 1995)
Jump to the follwoing sections:
The time has come to reap the fields of history. The time has come at last to harvest what has been sown for us by four hundred years of men and women and courage, rooted in the soil and now returned to it. The time has come for us, tomorrow's ancestors, to make ready for our descendants harvests that are worthy of the labours of the past. May our toil be worthy of them, may they gather us together at last.
At the dawn of the 17th century, the pioneers of what would become a
nation and then a people rooted themselves in the soil of Québec.
Having come from a great civilization, they were enriched by that of the
First Nations, they forged new alliances, and maintained the heritage of
France.
The conquest of 1760 did not break the determination of their descendants
to remain faithful to a destiny unique in North America. Already in 1774,
through the Quebec Act, the conqueror recognized the distinct nature of
their institutions. Neither attempts at assimilation nor the Act of Union
of 1840 could break their endurance.
The English community that grew up at their side, the immigrants who have
joined them, all have contributed to forming this people which became in
1867 one of the two founders of the Canadian federation.
We, the men and women of this place,
Because we inhabit the territories delimited by our ancestors, from Abitibi
to the Îles-de-la-Madeleine, from Ungava to the American border,
because for four hundred years we have cleared, ploughed, paced, surveyed,
dug, fished, built, started anew, discussed, protected, and loved this
land that is cut across and watered by the St. Lawrence River;
Because the heart of this land beats in French and because that heartbeat
is as meaningful as the seasons that hold sway over it, as the winds that
bend it, as the men and women who shape it;
Because we have created here a way of being, of believing, of working that
is unique;
Because as long ago as 1791 we established here one of the first parliamentary
democracies in the world, one we have never ceased to improve;
Because the legacy of the struggles and courage of the past compels us
irrevocably to take charge of our own destiny;
Because it is this land alone that represents our pride and the source
of our strength, our sole opportunity to express ourselves in the entirety
of our individual natures and of our collective heart;
Because this land will be all those men and women who inhabit it, who defend
it and define it, and because we are all those people;
We, the people of Québec, declare that we are free to choose our
future.
We know the winter in our souls. We know its blustery days, its solitude, its false eternity and its apparent deaths. We know what it is to be bitten by the winter cold.
We entered the federation on the faith of a promise of equality in a
shared undertaking and of respect for our authority in certain matters
that to us are vital.
But what was to follow did not live up to those early hopes. The Canadian
State contravened the federative pact, by invading in a thousand ways areas
in which we are autonomous, and by serving notice that our secular belief
in the equality of the partners was an illusion.
We were hoodwinked in 1982 when the governments of Canada and the English-speaking
provinces made changes to the Constitution, in depth and to our detriment,
in defiance of the categorical opposition of our National Assembly.
Twice since then attempts were made to right that wrong. The failure of
the Meech Lake Accord in 1990 confirmed a refusal to recognize even our
distinct character. And in 1992 the rejection of the Charlottetown Accord
by both Canadians and Quebecers confirmed the conclusion that no redress
was possible.
Because we have persisted despite the haggling of which we have been the
object;
Because Canada, far from taking pride in and proclaiming to the world the
alliance between its two founding peoples, has instead consistently trivialized
it and decreed the spurious principle of equality between the provinces;
Because starting with the Quiet Revolution we reached a decision never
again to restrict ourselves to mere survival but from this time on to build
upon our difference;
Because we have the deep-seated conviction that continuing within Canada
would be tantamount to condemning ourselves to languish and to debasing
our very identity;
Because the respect we owe ourselves must guide our deeds;
We, the people of Québec, declare it is our will to be in full possession
of all the powers of a State: to vote all our laws, to levy all our taxes,
to sign all our treaties and to exercise the highest power of all, conceiving,
and controlling, by ourselves, our fundamental law.
For the men and women of this country who are the warp and weft of it and its erosion, for those of tomorrow whose growth we are now witnessing, to be comes before to have. And this principle lies at the very heart of our endeavour.
Our language celebrates our love, our beliefs and our dreams for this
land and for this country. In order that the profound sense of belonging
to a distinct people be now and for all time the very bastion of our identity,
we proclaim our will to live in a French-language society.
Our culture relates our identity, it writes of us, it sings us to the world.
And through varied and new contributions, our culture takes on fresh colour
and amplitude. It is essential that we welcome them in such a way that
never will these differences be seen as threats or as reasons for intolerance.
Together we shall celebrate the joys, together we shall suffer the sorrows
that life will set upon our road. Above all we shall assume not only our
successes but our failures too, for in abundance as in adversity the choices
we make will have been our own.
We know what determination has gone into achieving the successes of this
land. Those men and women who have forged the dynamism of Québec
are eager to pass down their efforts to the determined men and women of
tomorrow. Our capacity for mutual support and our appetite for new undertakings
are among our greatest strengths. We commit ourselves to recognize and
encourage the urge to put our hearts into our work that makes us builders.
Along with other countries of like size, we share the virtue of adapting
quickly and well to the shifting challenges of work and trade. Our capacity
for consensus and our spirit of invention will enable us to take a good
and rightful place at the table of nations.
We intend to uphold the imaginative powers and the abilities of local and
regional communities in their activities of economic, social and cultural
development.
As guardians of the land, the air, the water, we shall act in such a way
as to be respectful of the world to come.
We, the men and women of this new country, acknowledge our moral duties
of respect, of tolerance, of solidarity towards one another.
Averse to authoritarianism and violence, honouring the will of the people,
we commit ourselves to guarantee democracy and the rule of law.
Respect for the dignity of women, men, and children and the recognition
of their rights and freedoms constitute the very foundation of our society.
We commit ourselves to guarantee the civil and political rights of individuals,
notably the right to justice, the right to equality, and the right to freedom.
To battle against misery and poverty, to support the young and the elderly,
are essential features of the society we would build. The destitute among
us can count upon our compassion and our sense of responsibility. With
the equitable sharing of wealth as our objective, we commit ourselves to
promote full employment and to guarantee social and economic rights, notably
the right to education and the right to health care and other social services.
Our shared future is in the hands of all those for whom Québec is
a homeland. Because we take to heart the need to reinforce established
alliances and friendships, we shall safeguard the rights of the First Nations
and we intend to define with them a new alliance. Likewise, the English-speaking
community historically established in Québec enjoys rights that
will be maintained.
Independent and hence fully present in the world, we intend to work for
cooperation, humanitarian action, tolerance and peace. We shall subscribe
to the Universal Declaration of Human Rights and to other international
instruments for the protection of rights.
While never repudiating our values, we shall devote ourselves to forging,
through treaties and agreements, mutually beneficial links with the peoples
of the earth. In particular, we wish to formulate along with the people
of Canada, our historic partner, new relations that will allow us to maintain
our economic ties and to redefine our political exchanges. And we shall
marshal a particular effort to strengthen our ties with the peoples of
the United States and France and with those of other countries both in
the Americas and in the Francophonie.
To accomplish this design, to maintain the fervor that fills us and impels
us, for the time has now come to set in motion this country's vast endeavour;
We, the people of Québec, through our National Assembly,
proclaim:
Québec is a sovereign country.
SELF-DETERMINATION
1. The National Assembly is authorized, within the scope of this Act,
to proclaim the sovereignty of Québec.
The proclamation must be preceded by a formal offer of economic and political
partnership with Canada.
SOVEREIGNTY
2. On the date fixed in the proclamation of the National Assembly, the Declaration of sovereignty appearing in the Preamble shall take effect and Québec shall become a sovereign country; it shall acquire the exclusive power to pass all its laws, levy all its taxes and conclude all its treaties.
PARTNERSHIP TREATY
3. The Government is bound to propose to the Government of Canada the
conclusion of a treaty of economic and political partnership on the basis
of the tripartite agreement of June 12, 1995 reproduced
in the schedule.
The treaty must be approved by the National Assembly before being ratified.
4. A committee charged with the orientation and supervision of the negotiations relating to the partnership treaty, composed of independent personalities appointed by the Government in accordance with the tripartite agreement, shall be established.
5. The Government shall favour the establishment in the Outaouais region of the seat of the institutions created under the partnership treaty.
NEW CONSTITUTION
6. A draft of a new constitution shall be drawn up by a constituent commission established in accordance with the prescriptions of the National Assembly. The commission, consisting of an equal number of men and women, shall be composed of a majority of non-parliamentarians, and shall include Quebecers of various origins and from various backgrounds.
The proceedings of the commission must be organized so as to ensure
the fullest possible participation of citizens in all regions of Québec,
notably through the creation of regional sub-commissions, if necessary.
The commission shall table the draft constitution before the National Assembly,
which shall approve the final text. The draft constitution shall be submitted
to a referendum and shall, once approved, become the fundamental law of
Québec.
7. The new constitution shall state that Québec is a French-speaking
country and shall impose upon the Government the obligation of protecting
Québec culture and ensuring its development.
8. The new constitution shall affirm the rule of law, and shall include
a charter of human rights and freedoms. It shall also affirm that citizens
have responsibilities towards their fellow citizens.
The new constitution shall guarantee the English-speaking community that
its identity and institutions will be preserved. It shall also recognize
the right of the aboriginal nations to self-government on lands over which
they have full ownership and their right to participate in the development
of Québec; in addition, the existing constitutional rights of the
aboriginal nations shall be recognized in the constitution. Such guarantee
and such recognition shall be exercised in a manner consistent with the
territorial integrity of Québec.
Representatives of the English-speaking community and of each of the aboriginal
nations must be invited by the constituent commission to take part in the
proceedings devoted to defining their rights. Such rights shall not be
modified otherwise than in accordance with a specific procedure.
9. The new constitution shall affirm the principle of decentralization.
Specific powers and corresponding fiscal and financial resources shall
be attributed by law to local and regional authorities.
TERRITORY
10.Québec shall retain its boundaries as they exist within the Canadian federation on the date on which Québec becomes a sovereign country. It shall exercise its jurisdiction over the land, air and water forming its territory and over the areas adjacent to its coast, in accordance with the rules of international law.
CITIZENSHIP
11. Every person who, on the date on which Québec becomes a sovereign
country, holds Canadian citizenship and is domiciled in Québec acquires
Québec citizenship.
Every person born in Québec who, on the date on which Québec
becomes a sovereign country, is domiciled outside Québec and who
claims Québec citizenship also acquires Québec citizenship.
In the two years following the date on which Québec becomes a sovereign
country, any person holding Canadian citizenship who settles in Québec
or who has established a substantial connection with Québec without
being domiciled in Québec may claim Québec citizenship.
12. Québec citizenship may be obtained, once Québec has become
a sovereign country, in the cases and on the conditions determined by law.
The law must provide, in particular, that Québec citizenship shall
be granted to every person born in Québec, or born outside Québec
to a father or mother holding Québec citizenship.
13. Québec citizenship may be held concurrently with Canadian citizenship
or that of any other country.
CURRENCY
14. The currency having legal tender in Québec shall remain the Canadian dollar.
TREATIES AND INTERNATIONAL ORGANIZATIONS AND ALLIANCES
15. In accordance with the rules of international law, Québec
shall assume the obligations and enjoy the rights set forth in the relevant
treaties and international conventions and agreements to which Canada or
Québec is a party on the date on which Québec becomes a sovereign
country, in particular in the North American Free Trade Agreement.
16. The Government is authorized to apply for the admission of Québec
to the United Nations Organization and its specialized agencies. It shall
take the necessary steps to ensure the participation of Québec in
the World Trade Organization, the Organization of American States, the
Organization for Economic Cooperation and Development, the Organization
for Security and Co-operation in Europe, the Francophonie, the Commonwealth
and other international organizations and conferences.
17. The Government shall take the necessary steps to ensure the continuing
participation of Québec in the defence alliances of which Canada
is a member. Such participation must, however, be compatible with Québec's
desire to give priority to the maintenance of world peace under the leadership
of the United Nations Organization.
CONTINUITY OF LAWS, PENSIONS, BENEFITS, LICENCES AND PERMITS, CONTRACTS AND COURTS OF JUSTICE
18. The Acts of the Parliament of Canada and the regulations thereunder
that apply in Québec on the date on which Québec becomes
a sovereign country shall be deemed to be laws and regulations of Québec.
Such legislative and regulatory provisions shall be maintained in force
until they are amended, replaced or repealed.
19. The Government shall ensure the continuity of the unemployment insurance
and child tax benefit programs and the payment of the other benefits paid
by the Government of Canada to individuals domiciled in Québec on
the date on which Québec becomes a sovereign country. Pensions and
supplements payable to the elderly and to veterans shall continue to be
paid by the Government of Québec according to the same terms and
conditions.
20. Permits, licences and other authorizations issued before October 30,
1995 under an Act of the Parliament of Canada that are in force in Québec
on the date on which Québec becomes a sovereign country shall be
maintained. Those issued or renewed on or after October 30, 1995 shall
also be maintained unless they are denounced by the Government within one
month following the date on which Québec becomes a sovereign country.
Permits, licences and other authorizations that are so maintained will
be renewable according to law.
21. Agreements and contracts entered into before October 30, 1995 by the
Government of Canada or its agencies or organizations that are in force
in Québec on the date on which Québec becomes a sovereign
country shall be maintained, with the Government of Québec substituted,
where required, for the Canadian party. Those entered into on or after
October 30, 1995 shall also be maintained, with the Government of Québec
substituted, where required, for the Canadian party, unless they are denounced
by the Government within one month following the date on which Québec
becomes a sovereign country.
22. The courts of justice shall continue to exist after the date on which
Québec becomes a sovereign country. Cases pending may be continued
until judgment. However, the law may provide that cases pending before
the Federal Court or before the Supreme Court shall be transferred to the
Québec jurisdiction it determines.
The Court of Appeal shall become the court of highest jurisdiction until
a Supreme Court is established under the new constitution, unless otherwise
provided for by law.
Judges appointed by the Government of Canada before October30, 1995 who
are in office on the date on which Québec becomes a sovereign country
shall be confirmed in their functions and shall retain their jurisdiction.
The judges of the Federal Court and of the Supreme Court of Canada who
were members of the Québec Bar shall become, if they so wish, judges
of the Superior Court and of the Court of Appeal, respectively.
FEDERAL PUBLIC SERVANTS AND EMPLOYEES
23. The Government may, in accordance with the conditions prescribed
by law, appoint the necessary personnel and take appropriate steps to facilitate
the application of the Canadian laws that continue to apply in Québec
pursuant to section 18. The sums required for the application of such laws
shall be taken out of the consolidated revenue fund.
The Government shall ensure that the public servants and other employees
of the Government of Canada and of its agencies and organizations, appointed
before October 30, 1995 and domiciled in Québec on the date on which
Québec becomes a sovereign country, shall become, if they so wish,
public servants or employees of the Government of Québec. The Government
may, for that purpose, conclude agreements with any association of employees
or any other person in order to facilitate such transfers. The Government
may also set up a program of voluntary retirement; it shall honour any
retirement or voluntary departure arrangement made with a transferred person.
INTERIM CONSTITUTION
24. The Parliament of Québec may adopt the text of an interim
constitution which will be in force from the date on which Québec
becomes a sovereign country until the coming into force of the new constitution
of Québec. The interim constitution must ensure the continuity of
the democratic institutions of Québec and of the constitutional
rights existing on the date on which Québec becomes a sovereign
country, in particular those relating to human rights and freedoms, the
English-speaking community, access to English-language schools, and the
aboriginal nations.
Until the coming into force of the interim constitution, the laws, rules
and conventions governing the internal constitution of Québec shall
remain in force.
OTHER AGREEMENTS
25. In addition to the partnership treaty, the Government is authorized to conclude with the Government of Canada any other agreement to facilitate the application of this Act, in particular with respect to the equitable apportionment of the assets and liabilities of the Government of Canada.
COMING INTO FORCE
26. The negotiations relating to the conclusion of the partnership treaty
must not extend beyond October 30, 1996, unless the National Assembly decides
otherwise.
The proclamation of sovereignty may be made as soon as the partnership
treaty has been approved by the National Assembly or as soon as the latter,
after requesting the opinion of the orientation and supervision committee,
has concluded that the negotiations have proved fruitless.
27. This Act comes into force on the day on which it is assented to.
SCHEDULE
Text of the AGREEMENT between the Parti Québécois,
the Bloc Québécois,
and the Action démocratique du Québec
Ratified at Québec City on June 12, 1995 by
Jacques Parizeau, Lucien Bouchard, and Mario Dumont
A common project
As the representatives of the Parti Québécois, the Bloc
Québécois and the Action démocratique du Québec,
we have reached agreement on a common project to be submitted in the referendum,
a project that responds in a modern, decisive and open way to the long
quest of the people of Québec to become masters of their destiny.
We have agreed to join forces and to coordinate our efforts so that in
the Fall 1995 referendum, Quebecers can vote for a real change: to achieve
sovereignty for Québec and a formal proposal for a new economic
and political partnership with Canada, aimed among other things at consolidating
the existing economic space.
The elements of this common project will be integrated in the bill that
will be tabled in the Fall and on which Quebecers will vote on referendum
day.
We believe that this common project respects the wishes of a majority of
Quebecers, reflects the historical aspirations of Québec, and embodies,
in a concrete way, the concerns expressed before the Commissions on the
future of Québec.
Thus, our common project departs from the Canadian status quo, rejected
by an immense majority of Quebecers. It is true to the aspirations of Quebecers
for autonomy and would allow Québec to achieve sovereignty: to levy
all of its taxes, pass all of its laws, sign all of its treaties. Our project
also reflects the wish of Quebecers to maintain equitable and flexible
ties with our Canadian neighbours, so that we can manage our common economic
space together, particularly by means of joint institutions, including
institutions of a political nature. We are convinced that this proposal
is in the interests of both Québec and Canada, though we cannot
of course presume to know what Canadians will decide in this regard.
Finally, our project responds to the wish so often expressed in recent
months that the referendum unite as many Quebecers as possible on a clear,
modern and open proposal.
The referendum mandate
Following a Yes victory in the referendum, the National Assembly, on
the one hand, will be empowered to proclaim the sovereignty of Québec,
and the government, on the other hand, will be bound to propose to Canada
a treaty on a new economic and political Partnership, so as to, among other
things, consolidate the existing economic space.
The referendum question will contain these two elements.
Accession to sovereignty
Insofar as the negotiations unfold in a positive fashion, the National
Assembly will declare the sovereignty of Québec after an agreement
is reached on the Partnership treaty. One of the first acts of a sovereign
Québec will be ratification of the Partnership treaty.
The negotiations will not exceed one year, unless the National Assembly
decides otherwise.
If the negotiations prove to be fruitless, the National Assembly will be
empowered to declare the sovereignty of Québec without further delay.
The treaty
The new rules and the reality of international trade will allow a sovereign
Québec, even without a formal Partnership with Canada, continued
access to external markets, including the Canadian economic space. Moreover,
a sovereign Québec could, on its own initiative, keep the Canadian
dollar as its currency.
However, given the volume of trade between Québec and Canada and
the extent of their economic integration, it will be to the evident advantage
of both States to sign a formal treaty of economic and political Partnership.
The treaty will be binding on the parties and will specify appropriate
measures for maintaining and improving the existing economic space. It
will establish rules for the division of federal assets and management
of the common debt. It will create the joint political institutions required
to administer the new Economic and Political Partnership, and lay down
their governing rules. It will provide for the establishment of a Council,
a Secretariat, an Assembly and a Tribunal for the resolution of disputes.
As a priority, the treaty will ensure that the Partnership has the authority
to act in the following areas:
In accordance with the dynamics of the joint institutions and in step with their aspirations, the two member States will be free to make agreements in any other area of common interest, such as:
Joint Institutions
(1) The Council
The Partnership Council, made up of an equal number of Ministers from
the two States, will have decision-making power with regard to the implementation
of the treaty.
The decisions of the Partnership Council will require a unanimous vote,
thus each member will have a veto.
The Council will be assisted by a permanent secretariat. The Secretariat
will provide operational liaison between the Council and the governments
and follow up on the implementation of the Council's decisions. At the
request of the Council or the Parliamentary Assembly, the Secretariat will
produce reports on any matter relating to the application of the treaty.
(2) The Parliamentary Assembly
A Partnership Parliamentary Assembly, made up of Québec and Canadian
Members appointed by their respective Legislative Assemblies, will be created.
It will examine the draft text of Partnership Council decisions, and forward
its recommendations. It will also have the power to pass resolutions on
any aspect of its implementation, particularly after receiving the periodical
reports on the state of the Partnership addressed to it by the Secretariat.
It will hear, in public sessions, the heads of the bipartite administrative
commissions responsible for the application of specific treaty provisions.
The composition of the Assembly will reflect the population distribution
within the Partnership. Québec will hold 25% of the seats. Funding
for Partnership institutions will be shared equally, except for parliamentarians'
expenses, which will be borne by each State.
(3) The Tribunal
A tribunal will be set up to resolve disputes relating to the treaty,
its implementation and the interpretation of its provisions. Its decisions
will be binding upon the parties.
The working procedures of the Tribunal could be modeled on existing mechanisms,
such as the panels set up under NAFTA, the Agreement on Internal Trade
or the World Trade Organization Agreement.
The Committee
An orientation and supervision committee will be set up for the purposes
of the negotiations. It will be made up of independent personalities agreed
upon by the three parties (PQ, BQ, ADQ). Its composition will be made public
at the appropriate time. The Committee will
The democratically appointed authorities of our three parties, having
examined and ratified the present agreement yesterday, Sunday, June 11,
1995 - the Action démocratique du Québec having met in Sherbrooke,
the Bloc Québécois in Montréal, and the Parti Québécois
in Québec - we hereby ratify this common project and we call upon
all Quebecers to endorse it.