CHAPTER 16
Ottawa and the Two Question Referendum
In 1998 a reference by the federal government to the
Supreme Court was made asking it to lay out the ground rules for the possible
secession of Quebec from Canada, resulting in the federal government passing the
Clarity Act. How does the Two Question Referendum fit in with the Clarity Act?
The primary requirement of the Clarity Act is…clarity: Any referendum
question that the Quebec government formulates must be clear and unambiguous. It
must be a hard question.
By its clear and unambiguous language, the Two Question Referendum satisfies
this criteria.
What will the federal government’s reaction be to the Two Question
Referendum?
Quebec’s non-Francophone community is currently in a "no-win" situation. Within
Confederation, no government -- federal or provincial -- will stick up for their
rights. If an independent Quebec comes about without any co-operation or support
from the non-Francophone community, they’ll be up the creek without a paddle. If
they have to be dragged, kicking and screaming, to independence then they will
be in a very difficult position to bargain for anything.
Everyone has always assumed that the English will automatically opt for Canada
and the provincial party that supports federalism, namely the Quebec Liberal
party. However, through the structure of the Two Question Referendum, the non-Francophones
will, for the first time, be put in a position in which they will, in effect, be
able to give their business to the highest bidder by adopting a course of action
that will return their civil rights to them. The non-Francophones should make it
known to all that, if adopted, they are willing to vote "yes" on Question 1 of
the Two Question Referendum.
The goal of the Two Question Referendum is the restoration of individual and
minority rights for the non-Francophone. Whether this goal is realized by the
actual break-up of Canada is not the most important consideration. In fact, the
non-Francophone community, it goes without saying, would much prefer that Quebec
stay within Canada.
The Two Question Referendum will instill the "fear of God" into the federal
government that the break-up of Canada is imminent. As a result, Ottawa may
attempt to do exactly what they have done in the past with the nationalists when
their actions threatened the survival of the country: attempt to win back their
support by responding to their needs.
Yes, we are playing with fire by using the disintegration of Canada as bait. But
let us not lose sight of the fact that the whole idea of being a Canadian should
be one in which the guarantee of full human rights should not ever have to be
negotiated in the first place... and if Canada can't support this concept then,
perhaps, Canada doesn't deserve to exist.
How would Ottawa reverse course and start responding to the needs of Quebec‘s
Anglophones?
If, as a result of public discussion of the Two Question Referendum proposal,
the federal government comes to the realization that the break-up of Canada is a
very real possibility, it will be at this point that the "Canada at all costs"
factor, which has always been used against Quebec’s Anglos will begin to be used
to their advantage. The thinking will be: If we, in Ottawa, don't act fast and
respond to the non-Francophone community’s needs, then they will abandon Canada
by voting “yes“ on Question 1. Let's give them what they want.
The message to Ottawa will be: it is not of primary importance how the goal of
the Two Question Referendum is achieved --whether through federal government
action or through independence-- it's just important that the goal gets
achieved.
Why not ask the federal government to make Quebec West an 11th province
within Canada instead of asking the nationalists to make Quebec West a province
within the newly independent Quebec? Certainly, in this way, Quebec’s non-Francophones
could have their cake and eat it, too (i.e., full rights and stay in Canada)?
The federal government would never go for such an arrangement. Why? For the same
reason they will be afraid of the Two Question Referendum: an 11th province
would isolate the non-Francophone community’s 20% block vote that is keeping
Quebec a part of Confederation. Without the no block vote, there is a far
greater chance that Quebec Proper could successfully vote for independence. On
top of the indignation fuelled by the mere suggestion that Quebec be
partitioned, this would increase the 60% Francophone “yes” vote to 80%.
What may occur is that once Ottawa sees that the concept of Quebec West within
an independent Quebec can, indeed, come about as the result of the Two Question
Referendum, they may, from their side, advocate for a specially designated
Quebec West area within the province of Quebec which would remain in Canada. A
sort of free-market culture zone in which freedom of choice in all matters
linguistic would prevail without a hint of Bill 101. Of course, Ottawa could
never negotiate such an arrangement with a PQ government, only with a Liberal
government with a clear majority and a clear mandate to do so.
Would that be an acceptable arrangement?
If it were constitutionally entrenched with territorial designations along the
lines of the Quebec West proposal contained in this book then, at the very
least, it would be attractive enough to consider.
The approach appears to be: “I’ll make a deal with the Devil if I have to in
order to get my rights back.”
The Two Question Referendum is, in effect, telling the federal government: we
can't trust you to look after our interests or protect our fundamental human
rights so we're taking it upon ourselves to do it. And if it means forming an
unholy alliance with the PQ to achieve our goal, so be it. If, you, the federal
government, want to try and win back our favour you're going to have to do a lot
-- quickly -- and it will have to be in writing (i.,e., constitutional and
territorial guarantees).
The inherent message of the Two Question Referendum to Canada is: give me back
my rights or you’re going to lose your country.
We've heard a lot about the territorial question. People are fond of quoting
Pierre Trudeau: "If Canada is divisible, so also is Quebec". In the event of
separation what’s to stop Ottawa from negotiating for sections of Quebec -- such
as the non-Francophone enclaves that make up the proposed Quebec West -- to
remain as part of Canada?
The Two Question Referendum solves the partition problem for the separatists
because when non-Francophones vote "yes" for independence under the Two Question
Referendum structure this will go a long way towards defeating any argument that
they want their territory to remain a part of Canada.
It would be disadvantageous for Quebec’s non-Francophone to believe for one
minute that Ottawa would ever, during separation negotiations, advocate for them
to remain in Canada, whether such negotiations resulted from a successful Two
Question Referendum or the traditional one question referendum.
The non-Francophones have already been given an idea what Ottawa’s position will
be when push comes to shove.
Former Prime Minister Joe Clark, representing the federal government, gave a
clear indication how quickly Canada will abandon the non-Francophones of Quebec.
What did Joe Clark say?
As Minister Responsible for Constitutional Affairs under Brian Mulroney, Joe
Clark, in an interview with CBC’s The Journal, made it quite clear that
the most loyal Canadian constituency in Canada -- Quebec’s Anglos -- was
expendable and despite any desire on their part to remain Canadian that they
would be abandoned by the federal government in the event of a decision by
Quebec to separate:
CBC: What do you think the obligations are of the federal government towards English Quebecers and other minorities, who would say, we want to remain a part of Canada. We don't want the boundaries to be withdrawn ... to be redrawn?
CLARK: Well, they live in a province ... the province ... they would be citizens who have a right to express their view in the election in that province. Native people are in a different situation because there is a different history, there are quite explicit and particular federal obligations that ... among the factors that anyone who wants to be casual about a possible rending of the country, among the factors to consider is that you would have this very difficult problem for people who might not agree with a decision that was taken by a majority of their fellow Quebecers.
Several minutes later, Clark reiterated this position when he was further pressed on this issue by the interviewer:
CBC: Do you think that the ... from what you're saying it seems to me you're saying that the natives would have a much stronger claim to remain a part of Canada, perhaps the Anglo-minorities and other minority communities in Quebec would not have such a strong claim?
CLARK: What I'm saying is that the ... that everyone who lives in Quebec is a Quebecer and a Canadian. If Quebec decided to stop being Canadian, then those people would remain Quebecers, in my view, until they moved, or until some other arrangement were made. There is an exception with regard to aboriginal people because of their special history and because of the special federal responsibility for them that is long-established.
How that would work out in actual fact I can't predict at this time. I haven't looked at that. I don't expect to be looking at that in the foreseeable future.[122]
There is no indication that the position of the current
government in Ottawa will be any different from Joe Clark’s. Quebec’s anglos --
the community that had voted over 99% to stay in Canada in the 1980 and 1995
referendums and, by doing so, had saved Canada -- will be on its own.
How sad it is that the federal government will so quickly abandon a community
of loyal Canadians.
Quebec’s non-Francophone community simply must rid itself of the notion that
Ottawa would ever negotiate with their interests in mind during separation
discussions with Quebec. Ottawa has never done anything for the Anglos while a
part of Canada. Why in the world would they start at a time when independence is
imminent and its conditions being negotiated? There will be many, many matters
to discuss with Quebec -- such as share of the National Debt, free trade,
defense, etc. -- and the non-Francophones of Quebec will be way down the
Canadian side’s list of priorities. On the federal negotiator’s list beside
“Non-Francophone rights in an independent Quebec” will be written: “expendable,
use as fodder to procure concessions on everything else.”
Joe Clark said that aboriginal territories in northern Quebec would be an
exception and will have a better chance at remaining part of Canada. Separatists
don’t want to lose any northern territory.
The Two Question Referendum provides only benefits to the sovereignists on this
issue. Native peoples will be more inclined to support sovereignty if they see
English Quebecers support it.
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