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The purpose of this paper is to analyze the effectiveness and legitimacy of the Clarity Act (2000) within the context of federal-provincial relations. Effectiveness is gauged by the extent to which the Act achieves its initial goals of clarifying government’s position on separatism, redefining terms (such as ‘majority’) and diminishing support within Quebec for sovereignty. Legitimacy is assessed through examining whether or not the federal government has the legal ability to make decisions on the type of majority/question that a province needs for sovereignty. There are several arguments that maintain that this should remain within the jurisdiction of the provincial legislature. The historical events that led up to the Act are discussed as evidence of the Act’s reflection of continuities that plagued Quebec-Canada relations. While analyzing expert opinion, the author brings together both pro- and anti- Clarity Act perspectives in order to arrive at her conclusion. Revisiting statistical work by Pinal is used to gauge the Quebecois reaction to the Act. The author concludes, ultimately, that the Clarity Act is both an effective and legitimate response to calls for Québec sovereignty. The Act upholds democratic values and supports national unity. The controversy surrounding the Act accentuates the value of debate within the intergovernmental political realm.[...]

Are We Clear, Now?: Analysis of the Effectiveness and Legitimacy of Bill C-20, the Clarity Act (2000)