Challenge of Quebec secession law finally gets its day in court - Action News
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Montreal

Challenge of Quebec secession law finally gets its day in court

After nearly two decades of delays, a Quebec court has finally begun hearing a challenge to a provincial law asserting the province's right to decide the rules of secession from Canada.

Bill 99 says Quebec has right to separate from Canada with 50% plus 1 vote

A Yes supporter holds up a Quebec flag in 1995, the year of the most recent referendum. A challenge to Quebec's law on secession is finally set to be heard in court. (Canadian Press/Paul Chiasson)

After nearly two decades of delays, a Quebec court has finally begun hearing a challenge to a provincial law asserting the province's right to decide the rules of secession from Canada.

A Quebec Superior Court judge heard arguments Monday in a trial examining the constitutionality of Bill 99, a law passed by Lucien Bouchard's Parti Qubcois government in 2000.

The provincial law states that Quebecers havethe right to decide their own future and that 50 per cent plus one is a clear majority in a referendum.

Bill 99 was passed into law in 2000, when Lucien Bouchard was premier of Quebec. (Robert Galbraith/Canadian Press)
The bill was passed in response to the federal government's Clarity Act, which set out the conditions under which Parliament should negotiate with Quebec in the event of a referendum win by soveriegntist forces.

Bill 99 was challenged in 2001by KeithHenderson, the former leader of theEquality Party, a now-defunct anglophone rights provincial party.

"I'm hoping the judge will look at the basic issue, which is fundamental to the country,"Hendersonsaid outside the courtroom in Montreal.

"Is it a popular referendum that gives legitimacy and power to governance,or is it the constitution of the country and the amending formula. Which is it?"

Who decides?

In 2013, the Harper governmentalso got involved in the case.

The federal attorney general at the timefiled a declaration of interventionin the case to challenge several aspects of the law, notably that 50 per centplus one vote would be enough to trigger negotiations on Quebec's independence.

The intervention from Ottawa prompted outrage in Quebec.The National Assembly passed a unanimous motion condemning the move.

More recently, Quebec nationalist groupslaunched a petitioncalling on theTrudeaugovernment to withdraw from the case.

Pro-sovereignty group urges Quebecersto 'wake up'

On Sunday, a group of Quebec nationalists gathered at L'Astral, a venue on Ste-Catherine Street, in support of Bill 99.

The rally was organized by two pro-sovereignty groups, la Socit Saint-Jean-Baptiste (SSJB) and le Rassemblement pour un pays souverain.

"[We need to] wake up the citizens of Quebec in regards to this issue," said the president of the SSJB, Maxime Laporte.

Entertainers and politicians were in attendance at the event, including new Bloc Quebecois leader Martine Ouellet and Parti Qubcois leader Jean-Franois Lise.

with files from The Canadian Press