Public hearings on the Quebec government's contentious proposal for a provincial constitution commence today at the National Assembly in Quebec City. The legislation, known as Bill 1, is facing intense scrutiny, with critics labeling it authoritarian and a re-election tool, while the government defends it as an essential affirmation of Quebec's distinct character.
Unprecedented Public Consultation Begins
A remarkable total of 211 groups and individuals have registered to present briefs and testify on the proposed constitution. Justice Minister Simon Jolin-Barrette, who tabled the 51-article bill on October 9, confirmed the scale of the consultation. "We will hear from everyone," Jolin-Barrette stated. "It's the biggest consultation of the legislature (sitting). I hear the concerns of groups."
This level of participation far surpasses recent major consultations. The 2021 commission on medical aid in dying involved 94 groups, while the heated debates on Bill 21 (state secularism) and Bill 96 (French language charter) saw 37 and 52 groups, respectively. Under pressure from opposition parties, the government opted for a general consultation, allowing nearly any interested party to appear.
Core Debates: Rights, Power, and Secrecy
The hearings, scheduled for two days this week and four next week before a Christmas break, will delve into profound disagreements about the bill's content and process. Key points of contention include:
- Minority and Indigenous Rights: The bill's preamble mentions pursuing objectives "in a manner that is respectful of the institutions of the English-speaking community of Quebec" and recognizes rights for First Nations and Inuit to maintain their language and culture. However, critics argue this is insufficient and raises red flags about the scope of the proposed constitution.
- Concentration of Power: Opponents, including the anglophone rights group TALQ, warn the bill could give the government excessive power, stifle dissent, and hinder legal challenges to laws.
- Use of the Notwithstanding Clause: The bill entrenches Quebec's right to use the constitutional notwithstanding clause to shield laws from court challenges, a practice Premier François Legault defends as legitimate for protecting "fundamental bills."
The Barreau du Québec (Quebec's bar association) has been a vocal critic, stating last week it perceives a "drift towards authoritarianism" in recent government legislation. Premier Legault has rejected this characterization.
Political Football and a Rival Proposal
The process has been mired in controversy from the start. All three opposition parties—the Quebec Liberal Party, Parti Québécois, and Québec solidaire—voted against the bill at its presentation stage, forcing the governing Coalition Avenir Québec (CAQ) to use its majority to proceed. The final vote was 71 in favor (all CAQ) and 30 against.
Opponents argue the bill was drafted in secrecy for political gain as the 2026 general election approaches. "A Quebec constitution should be a project of a people, of a nation," said Liberal MNA Marwah Rizqy in October. "It is not a project of a political party or a premier dreaming of making his mark on history."
Parti Québécois Leader Paul St-Pierre Plamondon was blunt about the process, stating, "If you don't bother to have legitimate consultations before you go ahead with your constitution, it is doomed to fail." In a move highlighting the political battle for nationalist voters, the PQ announced it will present its own vision for a Quebec constitution today, the same day hearings open on the CAQ's version.
The bill, which Legault has called historic, seeks to amend over a dozen existing laws, including the Constitution Act of 1867 and Quebec's Civil Code. It would entrench key Quebec laws like the Charter of the French Language and the Quebec Charter of Human Rights and Freedoms. While the government insists it aims to make the Canadian federation work better, its introduction has sparked speculation outside Quebec about its implications for national unity.
The committee will hear from the first group, Droits collectifs Québec, today. Major testimonies from the Barreau du Québec and TALQ are scheduled for December 9 and February 17, respectively, promising continued debate into the new year.
