The Legault government's proposed Quebec constitution represents a significant erosion of rights and freedoms while deliberately increasing tensions with Ottawa, according to a prominent constitutional lawyer's stark warning.
Constitutional Expert Sounds Alarm
Julius Grey, a leading constitutional and civil-rights lawyer, has raised serious concerns about Bill 1 - the Quebec Constitution Act, 2025. In a recent interview following his submission to the National Assembly committee, Grey emphasized that several provisions within the proposed legislation are clearly unconstitutional.
The controversial aspects include the elimination of the lieutenant-governor position, unilateral changes to the Canadian Constitution, and attempts to enshrine Quebec's role in appointments to both the Senate and the Supreme Court of Canada. Grey stated these provisions appear designed specifically to raise tensions between Quebec and the federal government.
Threats to Legal Challenges and Minority Rights
One of the most concerning elements of Bill 1 involves restrictions on using public funds for legal challenges against provincial laws. Grey explained that this would effectively prevent most individuals and organizations from contesting legislation in court.
"The average individual, even if they want to fight, just can't do it" because constitutional challenges are notoriously expensive and complex, Grey noted. He pointed to recent legal battles involving English school boards, universities, and bilingual municipalities as examples of the types of challenges that would become impossible under the new constitution.
The lawyer, who is currently involved in constitutional challenges to Quebec's secularism law (Bill 21) and strengthened language legislation (Bill 96), warned that only wealthy individuals would retain the ability to mount legal challenges against government laws.
Creating a 'Totally Different Society'
Grey expressed concern that the CAQ government is attempting to portray Quebec as fundamentally different from the rest of Canada. While acknowledging Quebec's distinct character, particularly regarding language, he emphasized that many similarities connect Quebec to other Canadian provinces.
The constitutional lawyer criticized the bill's approach of presenting principles like secularism and gender equality as uniquely Quebec values. "It's dangerous to view things that are general Western traits as being particular to Quebec," Grey argued. "It encourages inward-looking thinking."
In a legal brief co-authored with lawyer Sasha Fortin-Ballay, Grey argued that Bill 1 would significantly alter Quebec's Charter of Human Rights and Freedoms by prioritizing certain rights over others. They described the 1975 Charter as one of Quebec's most remarkable legislative achievements, representing a clear commitment to protecting individual rights and minorities.
The lawyers also warned against the danger of freezing social principles at a particular moment, noting that if Quebec had adopted a constitution in the 1950s, it might have enshrined Catholicism and paternal authority - values that would seem outdated today.
When Premier François Legault introduced the constitutional proposal in October 2025, he described it as affirming that Quebec is a resilient nation that has chosen to remain in Canada while asserting its distinct character. The constitution would become "the law of all the laws" containing Quebec's fundamental rules and values.
The bill has drawn criticism from multiple quarters, including opposition parties who describe the process as flawed and designed to advance the CAQ's electoral interests. The Quebec Bar has warned that Bill 1 and other recent CAQ legislation threaten to undermine the rule of law, while 28 academics recently signed an open letter calling the proposal a serious setback for Quebec democracy.
Hearings on Bill 1 are scheduled to begin in the National Assembly next week, where these and other concerns will be formally examined.
