Quebec called to adopt its own constitution

Photo: iStockphoto Pour protéger le Québec des «ingérences fédérales», le gouvernement Legault aurait aussi avantage à adopter une loi-cadre «sur la liberté constitutionnelle», évoquent les six membres du comité mandaté par le gouvernement.

To strengthen its autonomy within Canada, Quebec should immediately develop its own “codified constitution,” which would set out in black and white the fundamental characteristics of the nation and give rise to a Quebec citizenship.

This is the main recommendation of the Advisory Committee on Quebec’s Constitutional Issues within the Canadian Federation, which entrusted its final report to Justice Minister Simon Jolin-Barrette on Tuesday, after nearly six months of work analyzing the best ways to strengthen Quebec’s autonomy within the current constitutional framework.

The document, commissioned by François Legault’s government in June and written by six experts — including former Liberal minister Sébastien Proulx and law professor Guillaume Rousseau — contains 42 calls to action. Its authors believe they have found a way forward that will strengthen Quebec’s constitutional rights and protections in the Canadian federation without having to wait for “a big night.”

“We must remember that the committee was formed in a context where there is a lot of federal interference,” Proulx said Tuesday, a few hours after handing the report to Minister Jolin-Barrette. “What we developed is a position. Instead of waiting, choosing the moment […], we say: ‘Let’s do it.’”

The document’s flagship recommendation is one that several experts and politicians have mentioned in the past without the idea ever coming to fruition: the adoption of a “codified Quebec constitution.” This would bring together the characteristics of the Quebec nation, its symbols—the fleur-de-lis, for example—and would refer directly to certain fundamental laws, such as “Bill 101” or the Act respecting the secularism of the State.

“In addition,” the Legault government could establish a Constitutional Council, tasked with monitoring the federal government’s intrusions into Quebec’s jurisdictions, and outline the contours of a Quebec citizenship, as recommended in several briefs received by the committee in recent months.

Minister Jolin-Barrette welcomed the Proulx-Rousseau report “enthusiastically” on Tuesday and promised to “seriously analyze” its recommendations. Premier François Legault added mid-afternoon that all options are on the table. “All measures to strengthen Quebec’s autonomy are welcome, including the possibility of having a Quebec constitution,” he said.

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Necessary Negotiations ?

To protect Quebec from “federal interference,” the group of six also suggests adopting a framework law “on constitutional freedom.” This would set out broad principles that all ministries and public agencies would be required to apply on a daily basis. In the event of an inability to ensure its autonomy through the Quebec Charter of Human Rights and Freedoms, the Quebec government should consider applying the notwithstanding provision to all its laws, the report says.

This report, the development of which was led by Messrs. Proulx and Rousseau, cites a variety of measures that could be implemented without seeking federal approval, as the Legault government did by unilaterally amending the Constitution Act, 1867 as part of the reform of the Charter of the French Language.

Some other measures would require negotiations. “But here, what we did is we made sure to use the bilateral route. So, the case where Quebec only needs federal approval,” Guillaume Rousseau specified Tuesday.

In June, Premier Legault announced with great fanfare the creation of this working group, which is supposed to find solutions to the frequent “intrusions” by the federal government into Quebec’s areas of jurisdiction, while seeking more powers, mainly in immigration.

On this subject, the members of the committee believe that the government should adopt a law “enshrining the Quebec model of integration.” Negotiations should also be opened with the Canadian government to reach a new agreement on the management and distribution of asylum seekers. This would play a complementary role to the Canada-Quebec Accord on Immigration, the reopening of which is considered “too risky” by the committee.

The report also urges Quebec to take legal action to challenge the federal government's power to spend outside its areas of jurisdiction. Federal health transfers should be replaced by a pure and simple transfer of the goods and services tax (GST), it recommends, in addition to suggesting, as François Legault has already done, the establishment of a single income tax return.