The specificity of Quebec spelled out in the Canadian Constitution

The specificity of Quebec is now written and recognized in full in the Canadian Constitution.

The Minister of French Language and Justice, Simon Jolin-Barrette, was quite proud on Wednesday to walk the corridors of parliament brandishing a copy fresh off the press of the Canadian Constitution.

From now on, on page 35 of the document, which has 167, appear a few words, gathered in three short sentences, a brief Quebec incursion into the supreme law of the country and thanks to which the minister displayed a smile of delight.

Under the subtitle “Fundamental characteristics of Québec”, three statements now appear in the Constitution Act of 1867: “Quebecers form a nation. French is the only official language of Quebec. It is also the common language of the Quebec nation. »

political message

Concise, the political message sent by Quebec is no less meaningful, according to Minister Jolin-Barrette, who refuses to see it as a purely symbolic gesture, without much impact for the future of Quebec and its historical approach. affirmation of the French fact.

In a scrum, the minister argued that, on the contrary, this addition of sections 90Q.1 and 90Q.2 gave an official character to the collective rights of Quebecers.

He called this addition an “important gesture” that will help ensure “the sustainability of French in Quebec”.

“No one will be able to deny that fact anymore,” he commented, convinced that this was undoubtedly an important “advance” for Quebec, which could eventually “change a lot of things “.

Minister Jolin-Barrette had created a surprise, in May 2021, by tabling his reform of Bill 101 framed by Bill 96, in which appeared his intention to include the Quebec difference in the Canadian Constitution.

Legally, nothing prevented it. In Ottawa, no one opposed it. When challenged, Prime Minister Justin Trudeau immediately confirmed a province’s right to amend the Constitution, hastening to share the identity “findings” demanded by the Quebec government, as to its language and its status as a nation.

Bill 96 having now been adopted, the planned inclusion in the Constitution of the relevant articles could take its course.

However, it remains to be seen what interpretation the courts will eventually be called upon to rule on these issues.

The addition does not change anything to the fact that Quebec did not adhere to the patriation of the 1982 Constitution.

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