Forget Scots Independence - should Scotland join Canada?

[HVC]

Depends what you mean by recourse. Would we be petty and ensure that they're not part of any existing treaty signed by Canada, probably. But I don't think we'd actively try to stop them as in denying them the ability to leave.

What becomes more interesting is the First Nations. If Quebec has the right to leave Canada can the tribes leave them and join Canada? Any reasoning Quebec can use (separate culture, separate history, past abuses) surely the natives can use too.

[Jacob]

Does the rest of Canada agree that should Quebec clearly wish to leave, they would be allowed to do so without any recourse on the part of Canada proper?

I think yeah - there's been some conversations, and I believe legislation, around whether 50% + 1 vote is sufficient to be acceptable, which to me implies an acceptance of the basic premise. Personally I agree that Quebec's fate is for the inhabitants of that province to determine.

But as HVC says there's the issue of to what degree Native populations would/ should be obliged to go along with the Québécois in the case of separation. I find it hard to think of any compelling argument in favour that is not odious, but I may have missed some.

[HVC]

There's also the issue of the Ungava district that was given to Quebec in the late 1880s and early 1900s from the old north west territories (Ontario, Manitoba,and Saskatchewan was also given land). Makes up 2/3 of modern Quebec.

[Grey Fox]

There's also the issue of the Ungava district that was given to Quebec in the late 1880s and early 1900s from the old north west territories (Ontario, Manitoba,and Saskatchewan was also given land). Makes up 2/3 of modern Quebec.

You open that can, we open the one about labrador.

[HVC]

isn't the part of newfoundland that's an issue part of the ungava district anyway, or am I misremembering? anyway, i'm sure Newfoundland would be ok with that trade

[HVC]

But more seriously, grey fox, what the common mans perception of the native issue? would they be "allowed" to leave?

[Josquius]

It would certainly look less silly on a map with a native secession from secessionist Quebec

[Grey Fox]

But more seriously, grey fox, what the common mans perception of the native issue? would they be "allowed" to leave?

Can't recall ever seeing the point raise in an official talk or document but I'd bet everything on how they are not going to be allowed to leave.

[HVC]

That's a bit hypocritical

[derspiess]

And then what if there's a French enclave in the native area-- would they be able to leave and rejoin Mother Quebec?

[Valmy]

And then what if there's a French enclave in the native area-- would they be able to leave and rejoin Mother Quebec?

And what is a native family owns a house in the enclave? Can they then secede and join Canada? And what if there is a Quebec-sympathizing house pet inside that house...

[Barrister]

Can Canadian provinces unilaterally leave Canada?

Quebec has tried to obtain enough support within that province to do it.  Yes.

Does the rest of Canada agree that should Quebec clearly wish to leave, they would be allowed to do so without any recourse on the part of Canada proper?

The Supreme Court of Canada has weighed on in this topic.  Quebec can not succeed unilaterally.  Any independence would have to be negotiated, however the rest of Canada (TROC, in the lingo of the mid-90s), would have a duty to negotiate in good faith the terms of succession.

https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1643/index.do

[derspiess]

And then what if there's a French enclave in the native area-- would they be able to leave and rejoin Mother Quebec?

And what is a native family owns a house in the enclave? Can they then secede and join Canada? And what if there is a Quebec-sympathizing house pet inside that house...

They would be asked to move 

[Valmy]

And then what if there's a French enclave in the native area-- would they be able to leave and rejoin Mother Quebec?

And what is a native family owns a house in the enclave? Can they then secede and join Canada? And what if there is a Quebec-sympathizing house pet inside that house...

They would be asked to move 

So much for self determination

[Barrister]

There is no exclusive powers to the provinces...

You should re-read section 92 of the BNA Act, you know the one that sets out the exclusive powers of the Provinces.

I was going to say...

You also suggested that these powers in the BNA somehow make Canadian provinces more independent than EU member states. How did you come to that statement?

It was just a notion.  Canada is usually described as being a very decentralized confederation.  A lot of the caselaw describes the powers of s. 91 and s. 92 of the Constitution Act (it hasn't been the BNA Act for 35 years CC) describes the various enumerated powers as being "watertight compartments" - that is the powers of the provinces are exclusively those of the provinces.  And beyond that Quebec has negotiated several unique carve-outs for itself.  Quebec runs its own tax agency and national pension plan, for example.

It's confusing though to compare that to a state of the EU - as most areas seem to be described as "shared competencies".

Anyways, I think the point is better stated as a Scotland within Canadian Confederation would have far more autonomy than it does as part of the UK, and would be much easier to negotiate than would independent admission into the EU.

Trying to do some research...