Quebec's Constitutional Ambitions Spark Heated Debate in National Assembly
Forty-four years after Canada's Constitution was patriated without Quebec's consent, a prominent political scientist has urged the province to adopt its own foundational document to bolster autonomy and influence within the federation. Guy Laforest, a constitutional expert at Université Laval, testified before a National Assembly committee reviewing Bill 1, the controversial Quebec constitution proposal spearheaded by Justice Minister Simon Jolin-Barrette.
"Profoundly Invisible": Laforest's Case for Quebec's Constitution
"Quebec is profoundly invisible in Ottawa," Laforest told MNAs on Tuesday, arguing that the Coalition Avenir Québec's proposed constitutional law should push the province to exert greater influence within Canada. The former president of the Action démocratique du Québec political party supports the plan, suggesting Quebec should "affirm our asymmetry, strengthen our autonomy, but at the same time fully play the role of a true partner in the federal union."
Laforest proposed that a new constitution should "clearly define the Quebec nation" as "a pluralistic francophone nation" that combines "rootedness and hospitality." He dismissed critics who suggest the proposal favors collective rights over individual rights, noting that "when, in Quebec, we propose a balance between individual rights and collective rights, we are within the tradition of contemporary political liberalism."
Critics Warn of Rights Erosion and Legitimacy Concerns
Despite Laforest's endorsement, numerous witnesses at the National Assembly hearings questioned the legitimacy and potential consequences of the CAQ's constitutional proposal. Critics argue the plan would:
- Strip away minority and human rights protections
- Concentrate excessive power in government hands
- Undermine the rule of law and checks on executive authority
- Weaken Quebec's Charter of Human Rights and Freedoms
Université Laval law professor Mélanie Samson warned that the CAQ's plan could affect Quebec's Charter of Human Rights and Freedoms, which she describes as quasi-constitutional. Adopted unanimously in 1975 after extensive consultations, the charter guarantees fundamental rights and guides interpretation of other laws. Samson contends the proposed constitution would undermine these protections by subjecting the charter to ordinary legal rules.
Process Legitimacy and Minority Perspectives
The Jeune Barreau de Québec, representing young lawyers, questioned the legitimacy of the CAQ's approach, noting the constitutional plan "is presented as an ordinary bill with only general consultations." The organization argued that "such an approach appears incompatible with the significance of a project aimed at providing Quebec with a formal constitution" and pointed out the government received only 40.98% of the popular vote in the last election.
Meanwhile, the Centre for Israel and Jewish Affairs expressed support for a Quebec constitution while advocating for specific provisions. Eta Yudin, CIJA's senior vice-president for Quebec, suggested such a document should highlight contributions of "historic communities" including Jewish Quebecers and guarantee citizen security, noting "unprecedented antisemitism" since Hamas's October 2023 attack on Israel.
Broader Implications and Opposition Concerns
The Chambre des notaires du Québec raised concerns about provisions that would prevent public bodies from challenging laws labeled as protecting Quebec's nation or constitutional autonomy. The professional body argued this could allow governments to shield legislation from court challenges arbitrarily and threaten the independence of professional orders from political power.
Liberal MNA André Albert Morin questioned Laforest about the lack of consultations with opposition parties, all of which oppose the CAQ's plan. Laforest acknowledged that "greater consultation with opposition parties would have increased the credibility of the project."
Introduced last fall, the CAQ's proposal has drawn support from groups promoting French language, secularism and Quebec autonomy, while facing criticism from those concerned about minority rights and democratic safeguards. As hearings continue, the debate highlights fundamental questions about Quebec's place within Canada and the balance between collective identity and individual protections.
