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Posted

Exactlty. Confederation is a legal contract between eleven parties. One can't simply pull out without negotations with and eventual agreement of the others.

Butt he assumption of the posts I responded to was that once secession is voted upon "negotiations" would only concern the details, not the secession.

  • Free speech: "You can say what you want, but I don't have to lend you my megaphone."
  • Always remember that when you are in the right you can afford to keep your temper, and when you are in the wrong you cannot afford to lose it. - J.J. Reynolds.
  • Will the steps anyone is proposing to fight "climate change" reduce a single temperature, by a single degree, at a single location?
  • The mantra of "world opinion" or the views of the "international community" betrays flabby and weak reasoning (link).

Posted

The answer should be to ask Jefferson Davis and Robert E. Lee how well secession turned out south of the border Mason-Dixon Line?

Not bad,all things considered,seeing as they both should have been hanged for treason...

The only execution of any Confederate officer for anything related to that war was the Warden at the Andersonville prison camp...And he was a Swiss volunteer!!!

The beatings will continue until morale improves!!!

Posted

Not bad,all things considered,seeing as they both should have been hanged for treason...

As all of the American founding fathers should have been.

"History doesn't repeat itself-at best it sometimes rhymes"-Mark Twain

Posted

Exactlty. Confederation is a legal contract between eleven parties. One can't simply pull out without negotations with and eventual agreement of the others.

They didn't sign on to the constitution. I know legally that doesnt mean anything, but what means does the country have to keep Quebec here if they vote for independence and start ignoring the rest of Canada? I imagine there'd be next to no support for military intervention.

"History doesn't repeat itself-at best it sometimes rhymes"-Mark Twain

Posted

They didn't sign on to the constitution. I know legally that doesnt mean anything, but what means does the country have to keep Quebec here if they vote for independence and start ignoring the rest of Canada? I imagine there'd be next to no support for military intervention.

It's only the 1982 Canada Act that Quebec did not sign, right? I thought it was part of a province that requested the 1867 Constitution Act?

Posted

It's only the 1982 Canada Act that Quebec did not sign, right? I thought it was part of a province that requested the 1867 Constitution Act?

Yeah, 150 years ago. Im not a fan of being bound by the decisions of people who have been dead for over 100 years. Quebec rejected the new one which should take precedents over the 1867 BNA act.

"History doesn't repeat itself-at best it sometimes rhymes"-Mark Twain

Posted (edited)

Yeah, 150 years ago. Im not a fan of being bound by the decisions of people who have been dead for over 100 years. Quebec rejected the new one which should take precedents over the 1867 BNA act.

The 'new one' is only an addition and modification to the original, and not a replacement. Quebec's signature was never required for that.

Edited by Smallc
Posted

The 'new one' is only an addition and modification to the original, and not a replacement. Quebec's signature was never required for that.

I know. Thats why I acknowledged that legally it makes no difference, but if I were a Quebecer I wouldn't be too happy about that. If the rest of the country can change the constitution without Quebec, why cant Quebec separate if a large majority want it?

This of course is all hypothetical. Separatism appears to be on the downslope and hopefully wont rise again, but one never knows. They're quite fickle politically.

"History doesn't repeat itself-at best it sometimes rhymes"-Mark Twain

Posted

I know. Thats why I acknowledged that legally it makes no difference, but if I were a Quebecer I wouldn't be too happy about that. If the rest of the country can change the constitution without Quebec, why cant Quebec separate if a large majority want it?

I actually agree that we should have waited to come up with a deal that Quebec would have signed (even if it just meant waiting until QC elected a Liberal provincial government) but, as Smallc thankfully notes, we did not get a new constitution in 1982. It was a set of reforms to the existing constitution: i.e. it only has any meaning in the first place because we are 'bound by the decisions of people who have been dead for over 100 years' (and how could any lawful society not be bound by those sorts of decisions?).

Posted

And let me say that I too wish that we could have got a deal that Quebec would have signed. That said, it had far more to do with internal Quebec politics than a bad Constitution Act, 1982.

Posted

(and how could any lawful society not be bound by those sorts of decisions?).

I think these things should be updated regularly. Once a generation or so. Our constitution has a lot of annoying things in it.

"History doesn't repeat itself-at best it sometimes rhymes"-Mark Twain

Posted

And let me say that I too wish that we could have got a deal that Quebec would have signed. That said, it had far more to do with internal Quebec politics than a bad Constitution Act, 1982.

Definitely. The only thing I dislike about the Constitution Act is the notwithstanding clause.

Posted

Definitely. The only thing I dislike about the Constitution Act is the notwithstanding clause.

Which, ironically, should have been enough for Quebec to sign on.

Posted

I think these things should be updated regularly. Once a generation or so. Our constitution has a lot of annoying things in it.

Such as? And what would you replace them with? How would these replacements be better?

Posted

I think these things should be updated regularly. Once a generation or so. Our constitution has a lot of annoying things in it.

In any case, you have to acknowledge that it is false to say that Quebec "never signed on to the constitution". If that were true, it would mean that QC is a colony of Canada, which is a very different situation from the status quo.

Posted

I think these things should be updated regularly. Once a generation or so. Our constitution has a lot of annoying things in it.

This is why we have a supreme court to interpret these things.

Posted

Definitely. The only thing I dislike about the Constitution Act is the notwithstanding clause.

What about this doosy?

"1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it
subject only
to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. "

Isn't that an exception that swallows the rule?

  • Free speech: "You can say what you want, but I don't have to lend you my megaphone."
  • Always remember that when you are in the right you can afford to keep your temper, and when you are in the wrong you cannot afford to lose it. - J.J. Reynolds.
  • Will the steps anyone is proposing to fight "climate change" reduce a single temperature, by a single degree, at a single location?
  • The mantra of "world opinion" or the views of the "international community" betrays flabby and weak reasoning (link).

Posted

Not having section 1 would be rather irresponsible. It leaves the courts some leeway when they make their decisions.

Posted (edited)

Not having section 1 would be rather irresponsible. It leaves the courts some leeway when they make their decisions.

Way too much. In the U.S. the Courts have found the requisite "leeway" to proscribe shouting "fire" in a crowded theater. Edited by jbg
  • Free speech: "You can say what you want, but I don't have to lend you my megaphone."
  • Always remember that when you are in the right you can afford to keep your temper, and when you are in the wrong you cannot afford to lose it. - J.J. Reynolds.
  • Will the steps anyone is proposing to fight "climate change" reduce a single temperature, by a single degree, at a single location?
  • The mantra of "world opinion" or the views of the "international community" betrays flabby and weak reasoning (link).

Posted

In any case, you have to acknowledge that it is false to say that Quebec "never signed on to the constitution". If that were true, it would mean that QC is a colony of Canada, which is a very different situation from the status quo.

Quebec never signed the constitution, they refused & then used the "notwithstanding" clause to avoid a democratic way of forcing their patois on the residents of te province.

Posted

Quebec never signed the constitution, they refused & then used the "notwithstanding" clause to avoid a democratic way of forcing their patois on the residents of te province.

Indeed. The notwithstanding clause is one of the big things I want removed.

"History doesn't repeat itself-at best it sometimes rhymes"-Mark Twain

Posted

Exactlty. Confederation is a legal contract between eleven parties. One can't simply pull out without negotations with and eventual agreement of the others.

You are wrong. The basis of any contract is essentially the goodwill of the parties to the contract.

Any of them can choose to abrogate the contract unilaterally. That includes Quebec. What happens after that are consequences: negotiations, agreements, lawsuits, armed warfare, holding hands around the campfire- is secondary to the reality that any of the parties can choose to break the contract on any or no terms they see fit.

No doubt Quebec would see the Clarity Act as a law pertaining to somebody else i a different country, nothing to do with their soveriegn state which has its own laws. And it would take years if not decades to sort out all the legal niceties- all in the face of a fait accompli.

The government should do something.

Posted

You know, the entire OP for this thread is wrong on so many levels!

The idea that the NDP hates Canada is, in the words of That 70's Show's Red Foreman, crap! NDP folks may hold some ideas that others of us don't agree with, or even find downright loopy, but that doesn't mean they don't love their country as much as anyone else of a different political persuasion.

They just look at things differently, that's all!I am the first to call some of my NDP friends ideas goofy but that doesn't mean I stop buying them a beer! Without differences of opinion to knock the corners off an argument you have a much harder time finding the truth. Trying to do it only with people who think the same as you do only ends up with everyone fooling themselves.

It's as lowbrow to call NDP folks Canada-haters as it is to say Conservatives want to hurt welfare people just for the thrill of making them cry!

We really should try to keep this board running at a higher level!

"A government which robs Peter to pay Paul can always depend on the support of Paul."

-- George Bernard Shaw

"There is no point in being difficult when, with a little extra effort, you can be completely impossible."

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