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Published Sunday, May 12, 1996, in the Miami Herald.

Quebec, feds at odds over secession rights

Associated Press

OTTAWA -- Quebec Premier Lucien Bouchard has called for a special cabinet meeting on Monday in Montreal to discuss Ottawa's decision to intervene in a court case challenging the province's right to secede unilaterally.

Bouchard warned last week that federal intervention in the case could provoke him to call an early election that would pave the way for another independence referendum if he wins.

But the federal justice minister, Allan Rock, said the government felt compelled to intervene to respond to Quebec's claim that the Canadian constitution and courts should have no role in any Quebec secession bid.

``That is a position that cannot go unanswered,'' Rock said.

In the court case, Montreal lawyer Guy Bertrand is asking the Quebec Superior Court to impose a permanent injunction against future referendums on secession. He argues such votes are unconstitutional and that Quebec lacks the power to separate unilaterally from Canada.

A hearing on the case is to be held Monday.

Rock stressed he was not trying to defy Bouchard. ``This is not a political act,'' he said. ``It is strictly a legal act, an intervention on a very precise and very important point of law.''

Rock said he doesn't want to limit in any way ``the right of the population of Quebec to express its will in a referendum in a democratic fashion.''

Bouchard's government argues that Ottawa must accept the results of a referendum on sovereignty and that Quebec can separate without federal consent.

There is no provision in the constitution for a province to leave the federation.

The separatists narrowly lost a referendum last fall, receiving 49.4 percent of the votes.



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