Harper government joins court challenge of Quebec's right to secede

The Harper government is intervening in a courtcase that seeksto invalidate Bill 99, the provincial law passed 13 years agoassertingQuebecers' right to decide the rules of secession from Canada.

The Attorney General of Canada filed a declaration ofintervention in Quebec Superior Court on Wednesday, while the media'sattention was focused on the throne speech in Ottawa. It was brought to the public's attention by Maclean's magazine on Friday.

The government of former Parti Qubcoispremier Lucien Bouchard passed Bill 99back in 2000in response to the federal government's Clarity Act, which set out the conditions under which Parliament would negotiate with Quebec to secede.

• PQ revises Bill 99

The provincial law's legality was challenged by Keith Henderson, the last leader of the long-defunct anglophone rights party, the Equality Party. It's taken 13 years to get on the court docket. The case is expected to be heard sometime in 2014.

"We felt it was unconstitutional. We challenged it and we were hoping the federal government would participate," said Brent Tyler, the lawyer who filed the original challenge against Bill 99.

"It wasn't until just recently, last Wednesday, that the federal government of Canada under Stephen Harper's conservatives decided to intervene in our favour. Our view is better late than never"

The federal Attorney General is intervening in 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.

Not reopening constitutional debate, Harper spokesman says

Shortly after the Conservatives came to power in Ottawa in 2006, the prime ministerpassed a motion recognizing the "Qubcoisas a nation within a united Canada."

It's the first time since then thatthe federal government has waded into the constitutional battle.

• House passes motion recognizing Qubcois as a nation

However, in an email sent to Radio-Canada today, the Prime Minister's Office said it had "no intention of reopening the constitutional debate."

"The traditional position of the government of Canada in this litigation is well known," said the prime minister's spokesman, CarlValle, in the email. "Given that this matter is before the courts, we cannot comment any further."

Others are commenting, however.

"By addressing Bill99,passed by the National Assembly, the federal government directly attacks the right of Quebecto decide itsfuture," said Bloc QubcoisleaderDanielPaill,in a statement.

Quebec Intergovernmental Affairs Minister AlexandreCloutiertweeted his disappointment that the federal government "is trying once again to deny Quebecers the right to alone decide their political future."