A prominent lawyer representing an anglophone rights organization has issued a stark warning about Quebec's proposed constitution, arguing it would grant the provincial government sweeping authority, suppress dissent, and create significant barriers to challenging legislation in court.
Concentration of Power and Erosion of Rights
Marion Sandilands, speaking at an online public meeting organized by the Task Force on Linguistic Policy (TALQ), told approximately 100 attendees that the fundamental purpose of a constitution is being inverted. "While a constitution should protect the people from the state, in this case it protects the state from the people," Sandilands stated.
The proposed legislation, known as Bill 1 or the Quebec Constitution Act, 2025, was introduced last month by Justice Minister Simon Jolin-Barrette. Sandilands contends that the bill follows a pattern established by other Coalition Avenir Québec (CAQ) laws, such as Bill 21 on secularism and Bill 96 on the French language, which have centralized government power and limited minority rights.
She described Bill 1 as a "massive bill" with profound implications, including unilaterally altering the Canadian constitution, eliminating the role of Quebec's lieutenant-governor, and asserting Quebec's right to appoint Canadian senators and Supreme Court judges.
Flawed Process and Democratic Deficits
Critics highlight the process behind the constitution's creation as a major flaw. Sandilands noted that constitutions are typically developed through broad public consultations and constituent assemblies. In contrast, the CAQ's document was drafted behind closed doors, with public input limited to National Assembly hearings scheduled to begin on December 4.
Another critical concern is the amending formula. Unlike most constitutions that place changes beyond the reach of a single government, the proposed Quebec constitution could be amended by a simple vote of the National Assembly. "In my experience, governments in power are not very prone to giving up their power," Sandilands remarked.
The legislation also includes provisions that would ban groups from using tax dollars to contest laws in court and could order over 120 entities—including school boards, universities, and municipalities—to refuse federal funding or suspend federal agreements.
New Oversight Body and Broad Opposition
A particularly contentious element of the bill is the creation of a Constitutional Council, a new body appointed by the National Assembly to rule on constitutional questions—a role traditionally reserved for the courts. Sandilands suggested this council is designed to be "faster and more in favour of the government" than the judicial system.
Eva Ludvig, President of TALQ, echoed these grave concerns. She stated the proposed constitution "shifts too much power to the government, weakens checks and balances and sidelines minority and individual rights." Ludvig emphasized that the issue transcends language, stating, "This is not just about language. This is about democracy, this is about the rights and freedoms of all Quebecers."
TALQ, which represents about 50 organizations, plans to submit a brief to the National Assembly stressing the importance of protecting civil society and core democratic principles.
The CAQ's constitutional plan faces mounting criticism from a broad coalition. Opposition parties have denounced the unilateral process, the Quebec Bar has warned it threatens to "undermine the rule of law," and 28 academics recently published an open letter in Le Devoir rejecting the plan, calling it a "serious setback for Quebec democracy."
