U.K.’s highest court referred extensively to a 1998 opinion by Canada’s Supreme Court in a decision on a second referendum for the country
U.K.’s highest court ruled unanimously Wednesday that the Scottish Parliament cannot hold a second independence referendum – without the consent of the British government – citing grounds that the Scots are no more oppressed than Quebeckers.
It said the “observations” by Canada’s Supreme Court, including that Quebec did not meet the threshold of “an oppressed people,” apply “with equal force to the position of Scotland and the people of Scotland within the United Kingdom.” At a news conference, Ms. Sturgeon said she respected the court’s ruling, but said it confirms that “the notion of the U.K. as a voluntary partnership of nations, if it ever was a reality, is no longer a reality.”
The U.K. Supreme Court considered when the right to self-determination applies under international law, citing the Canadian Supreme Court’s views that this could apply “where a people is oppressed, as for example under foreign military occupation; or where a definable group is denied meaningful access to government to pursue their political, economic, social and cultural development.”
Professor Robert Leckey, dean of McGill University’s law school, and an expert in constitutional law, said it was interesting that the British Supreme Court had looked to Canada’s Supreme Court when reaching its conclusion. He said foreign courts do sometimes consider the opinions of counterparts on similar legal questions when it comes to international law.
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