Legal fight not over yet for Bill 99 - Quebec's law on self-determination

It looks like Bill 99 - Quebec's law on self-determination - is heading back to the courts.

A month ago, the Superior Court of Quebec upheld the constitutionality of the law that was passed by the National Assembly in response to the federal referendum clarity act adopted in 1995 after Quebec's  sovereignty referendum.

Now the case is being appealed.

When the ex-leader of the  now-defunct Equality Party Keith Henderson first took the case to court, he argued that Quebec would have carte blanche for a UDI - a unilateral declaration of independence and with a 50% plus one majority referendum vote.

But Quebec Court Justice Claude Dallaire said in her ruling that Bill 99 never refers directly to secession and doesn't give Quebec a unilateral right to separate from the rest of Canada.

Henderson said that's a broad interpretation.

"If they win, basically, and the negotiations don't work, they fail - which they may well - then they're free to declare independance. And it's perfectly constitutional. That is what she writes. And that is false. It's just not what the Supreme Court said," said Henderson in an interview with CJAD 800 News.

"She has a very narrow definition of what a UDI is."

And while support for Quebec sovereignty isn't what it used to be...

"It's very short-sighted and very naive to say, Oh well, the separatist threat isn't around today, it isn't around tomorrow. It's very short-sighted," said Henderson.

Henderson said going to court requires a lot of work and money so they're accepting donations here: http://www.thespecialcommittee.com/donateSCCU.html