The CLARITY ACT, officially known as An Act to give effect to the requirement for clarity as set out in the opinion of the Supreme Court of Canada in the Quebec Secession Reference, is federal legislation enacted in 2000 in response to the narrow 1995 Quebec referendum on sovereignty. It establishes the conditions under which the Government of Canada would enter into negotiations regarding the secession of a province.
Key provisions of the Clarity Act
- A referendum question on secession must be clear and unambiguous, directly asking whether the province should become independent.
- The vote must reflect a clear majority in favor of secession—though the exact threshold is not defined in the Act and is left to the House of Commons to determine.
- House of Commons must formally decide, by resolution, whether the referendum question and results meet the clarity criteria before any negotiations can begin.
- The Act emphasizes that secession requires a constitutional amendment, which needs the consent of the federal Parliament and all provincial governments.
The Act was introduced after the Supreme Court ruled in 1998 that Quebec could not unilaterally secede, but that the federal government would be obligated to negotiate if a clear expression of will emerged from a clear question. The Clarity Act formalized this process, ensuring that any secession would require broad consensus and legal clarity.
While the Act applies to all provinces, it was primarily shaped by Quebec’s sovereignty movement. It has been criticized for excluding the Senate from decision-making and for not fully addressing Indigenous rights in secession scenarios. Despite these concerns, it remains a cornerstone of Canada’s constitutional framework for managing national unity.



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