Legitimate constitutional change and the debate on Quebec secession

grantor: University of TorontoI propose a theory of what constitutes legitimate constitutional amendment in Canada. I argue that the Constitution of Canada is in essence a tradition, the continuity of which is provided by a particular set of values embodied in principles, institutions and remedies. These are informed by a certain conception of the individual; and developed over the centuries in order to further a certain understanding of human dignity. Canadians have been shaped as a people within this tradition; and political and legal legitimacy therefore depend upon continued conformity to its underlying values. Legitimate constitutional change must be in accordance with these values. Secession of a province, like any other constitutional change occurring within this tradition, must respect the relation between individual liberty and democratic governance within which our tradition's understanding of individual dignity is best realized. I suggest that the debate over Quebec secession should be framed in these terms.L.L.M