The nation of Quebec in a united Canada: Recognizing and defining Quebec's distinctiveness in the Constitution of Canada.

摘要

This thesis examines the implications of recognizing Quebec as a nation within the Constitution of Canada. Based on a comparative analysis of the legal scholarship relating to the 'distinct society' provisions of the failed Meech Lake and Charlottetown Accord,s this thesis concludes that the effect of constitutionally recognizing Quebec as a nation would be to enlarge the jurisdiction of the Quebec Government, and to limit the scope of Charter rights, while expanding the permissible limitations thereof. However, on the basis of self-recognition, the entity within Quebec that can best be described as a nation is the ethno-cultural nation of the Quebecois (francophone Quebecers), rather than Quebecers as a whole. Thereore, the thesis concludes that constitutional recognition of Quebec as a nation should not occur before a majority of non-francophone Quebecers also self-identify as part of a civic nation of Quebec.