Opinion: A Constitution for Quebec

Quebec flag (image: Quebec National Assembly)

The idea that Quebec should adopt its own constitution is not new, of course.

But with only a few months to go before the next provincial election, it seems that it should be revived.

The adoption of a specific constitution for Quebec would be done through section 45 of the Constitution Act, 1982 and could be accomplished by the National Assembly by means of a simple law.

This law would be developed in parallel with the formal texts making up the Constitution of Canada.

It would not, therefore, constitute an amendment to the Constitution Act, 1867 as such, unlike the amendments proposed in the current Bill 96 on the strengthening of French.

More precisely, the Quebec Constitution would have its own existence, but would nevertheless be subject to the supra-legislative provisions of the Canadian Constitution, including the division of legislative powers and the Canadian Charter of Rights and Freedoms.

It would therefore have to comply in every respect with these provisions.

It would not in any way entail Quebec's adherence to the patriation of 1982, to which it has still not officially consented.

The fact is that the Constitution Act, 1982 applies to Quebec -- despite its political opposition -- and Quebec would be silly not to invoke it and use it from time to time in the Canadian federal context.

The constitution could contain a number of important principles that Quebecers hold dear, such as the fact that they form a nation whose official and common language is French and the fact that they are free to determine their own destiny and their political and constitutional status.

Other principles, values and norms could also be taken from documents such as the Charter of Human Rights and Freedoms, the Charter of the French Language, the Act respecting the exercise of fundamental rights and prerogatives of the Quebec people and the Quebec State, the Act respecting the Ministère des Relations internationales, Bill 96 mentioned above and the motions of the National Assembly of March 25, 1985, and May 30, 1989, on the recognition of Aboriginal nations and rights.

Moreover, the process of elaborating the Quebec Constitution could be used to define the distinct social values of Quebec society, values that the Supreme Court of Canada referred to in a 2014 reference.

For example, it could finally explain what interculturalism is, set societal goals for environmental protection, emphasize gender equality, restate economic and social rights, consolidate the secular nature of the State, enshrine the principle of the independence and impartiality of the courts, confirm democracy and its institutions, recognize Indigenous rights —including the right to self-government — as well as the rights of the English-speaking community, emphasize the contribution of Quebecers of all origins to the building of Quebec, insist on the importance of Quebec's affirmation on the international scene — based in particular on the Gérin-Lajoie doctrine — establish the principle of Quebec's economic, political, cultural and constitutional development, recall that Quebec has a civil law tradition, enunciate the essential nature of the balance between the collective rights of the Quebec nation and individual rights and freedoms and proclaim parliamentary sovereignty within the framework of Quebec's constitutional powers.

It could also reaffirm the principle of the integrity of Quebec's territory.

While some would inevitably see this constitution as the first official step towards a sovereign Quebec, others would see it as a demonstration of Quebec's ability to assert its specificity and originality within the Canadian federal link.

No matter what anyone says, the Constitution of Quebec should be written in terms that are unifying, inclusive, inviting, generous and, above all, neutral.

Such a constitution could be adopted through a referendum.

It could also be adopted directly and solely by the National Assembly, by a simple majority vote or by a qualified vote (e.g., two-thirds of the members).

The development and creation of a Quebec constitution seem to be highly desirable.

It would allow Quebecers to take stock of the values that animate them.

It would also allow Quebec to firmly establish its particular identity and redefine itself in contemporary terms.

In short, a Constitution of Quebec would be a true refounding act, paving the way for the refocusing of modern Quebec.

Incidentally, a constitution for Quebec would be entirely compatible with the federal principle in general and with Canadian federalism in particular.

British Columbia already has a Constitution Act.

This Act sets out the organization of the legislative and executive branches in the province.

British Columbia's constitution is an undeveloped document, but Quebec could certainly go much further, as we have seen above.

We therefore fully support the creation of a Quebec constitution and strongly encourage the various Quebec political parties to move forward with this project.

It is imperative that Quebec expresses and displays itself for what it is, in a unilateral manner, without waiting for permission from anyone.