New Democrats want to make Clarity Act clearer
MP warns of flawed sovereignty vote
The New Democratic MP at the centre of a renewed debate over national unity is warning that the federal Clarity Act is seriously flawed and could unleash deep grievances among Quebecers if their vote for sovereignty in another referendum is ignored by Canada.
In an interview, Craig Scott defended the controversial private member’s bill — the “Unity Act” — that he introduced in the Commons last week on behalf of his party.
“It’s the right thing to do to build this country in a forward, positive, constructive way,” he said.
Scott’s four-page bill has spawned debate over an explosive question: Should Quebec separatists be permitted to kick-start negotiations to break up Canada if they win a bare majority — 50 per cent plus one — in a fairly fought referendum based on a clear question? The NDP thinks they should.
Scott’s bill, C-470, was codrafted with NDP leader Tom Mulcair and was debated within caucus before being unveiled. It doesn’t stand a chance of being passed, but Scott said it would be the basis for legislation tabled by the NDP if it formed a government.
His bill would repeal the 2000 Clarity Act — Jean Chrétien’s cherished legislation which said the federal government would only negotiate Quebec sovereignty if separatists won a “clear majority” in a referendum with a clear question. However, that law does not specify a percentage for what would constitute a clear majority victory.
“Everybody knows that the Clarity Act was anything but clear,” Scott said. He said the act is “arbitrary and unclear” and offers a “muddy set of ground rules.”
Uncertainty over the acceptable threshold for victory could even backfire on federalists, he said, because some Quebecers might vote for sovereignty to send a “signal” — only then to unhappily realize it helped secure a referendum victory for hardcore separatists. Scott said the NDP’s plan accomplishes two things: It respects basic democratic principles, and it provides clarity.
“The fact of the matter is we have put forward a clear number. Everybody knows what the stakes are when they go to vote.”
Key elements of Scott’s bill: ❚ The referendum question must be clear, and the wording for two potential options are provided: “Should Quebec become a sovereign country?” or “Should Quebec separate from Canada and become a sovereign country?” ❚ If Quebec asks a question the federal government doesn’t like, the matter must be sent to the Quebec Court of Appeal for a ruling on its clarity. ❚ After a referendum, the federal government must enter negotiations with Quebec if the question was clear; “the majority of valid votes” were cast in favour of separatism; and there were no “irregularities” during the referendum in areas such as spending limits, balloting and vote-counting.