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Reference re Secession of Quebec, [1998] 2 SCR 217

Supreme Court of Canada · Supreme Court of Canada (1998)
tlte-cite:quebec-secession-reference
Editorial gloss

The hinge precedent on the law of self-determination outside the colonial context. The Court held that international law does NOT grant a general right of unilateral secession to a province of a constitutional democracy, BUT preserved a remedial doctrine: a 'people' subjected to grave and persistent denial of internal self-determination may, in principle, have recourse to external self-determination. The Quebec Reference is the framework /case/law uses to read the Sri Lankan record: did the Tamil people pursue internal self-determination through every constitutional pathway, and was each one foreclosed by the state? The Reference does not adjudicate the Tamil case; it provides the test.

Dossier tags
  • case law

Citation IDs in the tlte-cite: namespace are append-only and permanent. They can be quoted from any dossier, the Velicham assistant, or external scholarship. The canonical resolver lives atdocs.tlte.cloud/cite/<slug>.

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