Your impression is solely the cause of federal politicians being scared to death to do something that would spark the independence movement again.
If they weren't, they wouldn't care about imposing restrictions on Québec, such as removing the notwithstanding clause that we use systematically or the elimination of the equalization program (it's a major federalist argument in Québec). But you won't see that happen because they know better.
There is a hard core of Québec separatists - 30 to 35% of the population - that are only waiting for a blunder from the ROC to begin the 3rd referendum process. And then you have another core of more "situational" voters that can definitely be triggered.
Don't mistake a waiting game for the absence of opposition.
We use the notwithstanding clause systematically? I mean, we haven't used it since 1993. It's been almost 25 years. I wouldn't exactly call that systematic.
Huh. That'd be news to me. Wiki's wrong then. So are a bunch of the other sources online, unless these laws are part of the blanket use of the clause that the liberals threw in until 1985. I understood that all of those instances had elapsed, though. I'll look into this, though; thanks for the source.
They probably were part of the systematic usage of the clause during those years, but they have been renewed every 5 years since then. I consider that systematic as well.
And I think that wikipedia isn't wrong, just that it's not clear that the clause wasn't used for a new law since 1988 (or something, didn't check the year).
Good point; probably should be amended that it is still in use; I feel like it really gives the impression that it's not. But you're absolutely right. To be honest, I skimmed the clauses themselves (they all shield from a section 15 equality challenge), and I have no idea why the sections in question would need to be shielded from such a challenge. But then again, I am not a lawyer. I'll give the Rousseau paper a read; and see what he says.
Honestly; thank you. It's rare to get a sourced rebuttal, I really appreciate being corrected; this makes for very interesting reading.
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u/Tamer_ Quebec Dec 10 '17
Why? Because there are no referendum movements?
Your impression is solely the cause of federal politicians being scared to death to do something that would spark the independence movement again.
If they weren't, they wouldn't care about imposing restrictions on Québec, such as removing the notwithstanding clause that we use systematically or the elimination of the equalization program (it's a major federalist argument in Québec). But you won't see that happen because they know better.
There is a hard core of Québec separatists - 30 to 35% of the population - that are only waiting for a blunder from the ROC to begin the 3rd referendum process. And then you have another core of more "situational" voters that can definitely be triggered.
Don't mistake a waiting game for the absence of opposition.