Quebec Premier François Legault surprised many last month by unveiling a proposed constitution for the province without prior public consultation. The constitution aims to safeguard Quebec’s core values, such as the French language, secularism, reproductive rights, and gender equality.
The move has sparked concerns among legal experts and civil rights organizations who argue that the legislation could concentrate power, diminish judicial oversight, and impinge on individual freedoms. Critics, like Laurence Guénette from the Ligue des droits et libertés, a Quebec human rights group, contend that the proposed constitution could weaken the Quebec Charter of Human Rights and negatively impact minority rights.
The legislation, known as Bill 1, not only includes the draft constitution but also amends several existing laws, including the Quebec Charter, to strike a balance between the collective rights of the Quebec nation and individual rights. It also defends Quebec’s use of the notwithstanding clause without the need for justification and prohibits publicly funded organizations from using public funds to challenge laws protecting Quebec’s fundamental characteristics.
The English Montreal School Board, a recipient of public funds, has challenged Quebec’s secularism law, Bill 21, which prohibits public employees in authoritative positions from wearing religious symbols. The legislation’s impact on English-language institutions and minority rights has raised concerns, with Sylvia Martin-Laforge of TALQ expressing apprehension about the legislation’s potential consequences.
In response to the backlash, the Quebec government has committed to a consultation process. However, legal experts like Karine Millaire emphasize the need for an open and inclusive consultation process, asserting that discussions on a constitution should be transparent and accessible to the public. The government has set a deadline for feedback submission and plans to conduct hearings with selected parties.
Critics, including Stéphane Beaulac, a constitutional law professor, view the consultations as superficial, lacking in depth and public engagement. The rushed approach to drafting the constitution contrasts with international guidelines on constitutional processes, as highlighted by Guénette, who underscores the importance of broad consultations to reflect society’s diversity.
The Quebec Bar Association has condemned the legislation, particularly the provisions limiting legal challenges, asserting that they could intimidate organizations and undermine the rule of law. The organization sees the legislation as part of a broader government effort to restrict citizens’ rights to challenge laws.
The proposed constitution aims to assert Quebec’s distinct national character, a move that has historical and nationalist significance for the province. While opposition parties support the idea, they caution against turning the process into a divisive political debate. Ottawa continues to evaluate the draft constitution, acknowledging its complexity and emphasizing that the debate primarily concerns Quebecers.