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Originally Posted by Bring_Back_Shantz
The point is there is a big difference between a province wanting to leave the country, hence no longer being governed by the constitution, vs one province saying "We want to change the constitution".
Certainly there is a mechanism to do the latter, but it in no way involves a referendum.
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Following the legal principles set out in the Quebec Secession Reference, a province can hold a referendum with a clear question and create the legal obligation for the rest of confederation to come to the negotiating table to seek a constitutional amendment.
Secession is one type of constitutional amendment that can be pursued via this process. There is nothing that would be principally different about seeking any other constitutional negotiation by way of a clear provincial referendum:
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The Constitution is the expression of the sovereignty of the people of Canada. It lies within the power of the people of Canada, acting through their various governments duly elected and recognized under the Constitution, to effect whatever constitutional arrangements are desired within Canadian territory, including, should it be so desired, the secession of Quebec from Canada.
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Although the Constitution does not itself address the use of a referendum procedure, and the results of a referendum have no direct role or legal effect in our constitutional scheme, a referendum undoubtedly may provide a democratic method of ascertaining the views of the electorate on important political questions on a particular occasion.
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