The decision set off an avalanche of opinion pieces from hopeful sovereignists who saw the decision as an important precedent for Quebec. LINK
Two conclusions were advanced.
The first, spearheaded by the likes of Gérald Larose(French) and Louise Beaudoin(French) argued that the decision renders the Clarity Act moot. (the Clarity Act sets two conditions for Quebec Sovereignty- a clear and concise referendum question and a clear majority voting in favour of the option)
The second and more fanciful conclusion is that a referendum is not even a necessary element to the secession of Quebec from Canada just a simple declaration of independence by Quebec's Parliament, is all that is required. LINK
But nationalists would be well advised to look this "gift horse" in the mouth, the 'Kosovo decision' may prove more trouble than it's worth.
The idea that the Quebec Parliament can declare sovereignty by virtue of a simple vote may be supported in the Kosovo decision, but would never fly.
After two failed referendums, the world would look on the unilateral declaration of independence as cheating and more importantly, a majority of Quebeckers, including many sovereignists would view the act as undemocratic.
For Quebec, secession without a referendum is not a realistic option, under any circumstances.
The other notion put forward, is that the Kosovo decision refutes the impact of the Clarity Act which demands that Quebec ask a clear referendum question and win a clear majority, before Ottawa would be required to undertake devolution negotiations.
Again this too, is academic.
There's little or no chance that a Separatist government would attempt to do what it did in the last referendums, that is, ask a confusing question like in 1995;
"Do you agree that Québec should become sovereign after having made a formal offer to Canada for a new economic and political partnership within the scope of the bill respecting the future of Québec and of the agreement signed on June 12, 1995?.Premier Jacques Parizeau at the time, described it as a 'lobster trap' and once Quebeckers voted YES, there could be but one irrevocable conclusion- sovereignty.
You know the old saying..."Fool me once, shame on you" fool me twice, shame on me"
Quebeckers wouldn't stand for such a dishonest question again, but even if they did, everyone now knows that a YES vote in a referendum means sovereignty and nothing else. No voter can claim to think anything else. So once again, the question is purely academic.
As for the last precept of the Clarity Act, the obligation to win a clear majority, the question has also been largely settled. The Quebec government's position that a 50% +1 vote is the threshold for passage of a referendum seems to be accepted as realistic, even by opponents.
Anything else violates the historical reality. Newfoundland entered confederation, barely squeaking out a 52% margin of victory and this on their second referendum attempt.
So all this talk of the Kosovo decision changing anything is hogwash, we've already set our own terms for any secession and those terms are widely accepted by those on both sides of the issue.
That being said, the Kosovo decision may have an important impact on Quebec, should it ever actually vote to leave Canada.
Remember, the essence of the Kosovo decision says that national borders are not inviolate and that it is not illegal for regional governments to declare sovereignty unilaterally.
That is in direct opposition to the separatist position that says that the provincial border of Quebec is inviolate.
If an independent Canada is subject to the Kosovo decision, so is an independent Quebec.
In the eventuality of Quebec independence, the Kosovo decision would give credence to the right of any region within Quebec to secede and remain in Canada. This would certainly apply to the entire northern part of Quebec, the island of Montreal, the Pontiac region and the Beauce.
A simple vote by Montreal, Cote Saint Luc, Hampstead, Dorval, Pierrefonds, etc. etc. would be enough to secede from Quebec and remain in Canada!
Separatists can't argue one way today and another way tomorrow, or to put it in the language of the street- You can't suck and blow at the same time!
In the event of a Quebec separation, you can bet that this issue will come up and that serious efforts would be undertaken in some regions to 'break away' from Quebec.
And so in rushing to embrace the Kosovo decision, sovereignists would be wise to heed the the old adage that says "be careful what you wish for, lest it come true",
