Quebec minister fears courts could roll back abortion rights

Experts say putting abortion right into a constitution would make it more vulnerable to court challenges than the existing jurisprudence that protects it.

The Legault government does not trust the courts to protect the right to abortion over the long term, Justice Minister Simon Jolin-Barrette suggested Wednesday.

He used that argument to justify his plan to entrench the right to abortion in his proposed Quebec constitution — Bill 1 — which will be studied in parliamentary committee hearings starting Thursday.

Speaking to reporters Wednesday morning, Jolin-Barrette said he has heard the criticism and suggested he is open to amending the bill to reassure opponents.

Doctors, legal experts and social groups argue that putting the right to abortion into a constitution would actually make it more vulnerable to court challenges than the existing jurisprudence that protects it.

“My objective is the same as that of the groups,” meaning the protection of abortion rights, the minister said.

“I’m worried about the present and the future as well, and we need to make sure we have clear guidelines,” he added, noting that “across the Western world, women’s rights are being attacked.”

In his view, courts could very well change their interpretation and overturn decisions that currently confirm the right to terminate a pregnancy — which is why he says the state’s obligation to protect the right must be clearly spelled out.

“We need to be able to say things plainly and say that the Quebec state will defend this right,” the minister argued.

Québec solidaire (QS) tabled a motion Wednesday morning — with support from the two other opposition parties — calling on the Coalition Avenir Québec (CAQ) to reverse course and remove the abortion provision from its bill. The government refused consent, preventing the motion from being debated.

“The National Assembly should take note of the repeated warnings from the Quebec Bar and the College of Physicians, who believe the risks outweigh the benefits of including voluntary termination of pregnancy in a fundamental law,” the motion said. It was tabled by QS parliamentary leader Ruba Ghazal.

The motion also noted that, according to those professional orders, “such codification would ‘create a legal framework that could be challenged’ and give ‘a tool to anti-choice movements,’ thereby weakening a right that is currently well protected.”

In an open letter published Wednesday in Le Devoir, 458 doctors opposed to the minister’s plan argued that “abortion is a medical treatment, not a legal debate.”

The committee hearings are expected to be the most extensive of the legislature so far, with a total of 211 participants scheduled to testify.

“We’re hearing from everyone,” Jolin-Barrette said.

The proposed Quebec constitution goes far beyond the abortion issue.

In addition to protecting the Official and Common Language of Québec French Act and the secularism law, the constitution would also protect the recently adopted law on Quebec’s model of integration into the nation, along with the Charter of the French Language. The constitution itself would receive the same level of protection. More laws could be added.

The draft text would also bar organizations from using public funds to challenge laws deemed fundamental to Quebec, such as the official French-language law and the secularism law.

The constitution would also strengthen equality between men and women by giving it precedence over freedom of religion if the two principles come into conflict.

It would protect the right of Quebecers to access medical assistance in dying.

The government is also seeking to amend the Constitution Act, 1867, to add “three new provisions reflecting Quebec’s fundamental characteristics: the secularism of the state, the Quebec nation’s integration model and the civil law tradition.”

The proposed text also includes other measures:

• Replacing the title of lieutenant-governor with “Quebec officer”;
• Protecting the National Assembly’s right to use the notwithstanding clause;
• Incorporating an updated Gérin-Lajoie doctrine to strengthen Quebec’s capacity to act internationally;
• Creating a Constitutional Council to advise notably on the impact of federal interference;
• Allowing Quebec to participate in the appointment process for senators and Supreme Court judges.

This report by The Canadian Press was first published in French Dec. 3, 2025.