The idea that Quebec should adopt its own Constitution is obviously not new. But, just a few months before the next provincial election, it seems to us that it should be put back in the spotlight.
Posted at 10:00 a.m.
The adoption of a specific Constitution in Quebec would go through article 45 of the Constitution Act 1982 and could be done by the National Assembly by means of a simple law. This law would be written and developed alongside the formal texts that make up the Constitution of Canada. It would therefore not constitute a modification of the Constitution Act of 1867 as such, unlike the amendments proposed by the current Bill no.oh 96, dealing with the reinforcement of French.
More precisely, the Quebec Constitution would have its own existence but it 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 should therefore fully comply with the provisions in question.
It would in no way lead to Quebec joining the 1982 repatriation, a repatriation to which it has still not consented. The fact is that the Constitution Act 1982 applies to Quebec – despite its political opposition – and that the latter would be wrong not to invoke it and to use it on occasion in the Canadian federal context.
In this Constitution, we could find the enunciation of a host of great principles dear to Quebeckers, such as the fact that they form a nation whose official and common language is French or the fact that they are free to assume their destiny and determine their political and constitutional status.
It could also include other principles, values and standards taken from documents such as the Charter of Human Rights and Freedoms, the Charter of the French Language, the Act respecting the exercise of the fundamental rights and prerogatives of the people of Quebec and of the State of Quebecthe Act respecting the Ministry of International RelationsBill No.oh 96 mentioned above, as well as the motions of the National Assembly of March 25, 1985 and May 30, 1989 on the recognition of Aboriginal nations and rights.
Moreover, we could take advantage of the exercise of drafting the Constitution of Quebec to define the distinct social values of Quebec society, values referred to by the Supreme Court of Canada in a reference dating from 2014.
For example, we could finally explain what interculturalism consists of, set societal objectives with regard to the protection of the environment, emphasize gender equality, reformulate economic and social rights, consolidate the secularism of the state, enshrine the principle of the independence and impartiality of the courts, confirm democracy and its institutions, recognize the rights of Aboriginal peoples – including the right to self-government – as well as the rights of the English-speaking community, underline the contribution of Quebecers of all origins to the building of Quebec, insist on the importance of Quebec’s assertion on the international scene – on the basis in particular of the Gérin- Lajoie —, establish the principle of the economic, political, cultural and constitutional development of Quebec, recall that Quebec has a civil law tradition in matters of private law, state the essential nature of the balance between the collective rights of the Quebec nation and individual rights and freedoms, and proclaiming parliamentary sovereignty, within the framework of Quebec’s constitutional jurisdictions. We could also reaffirm the principle of the integrity of Quebec’s territory.
If some would inevitably see in this Constitution the first official gesture towards a sovereign Quebec, others would see in it the demonstration of the capacity of the latter to assert itself in its specificity and its originality within the Canadian federative bond. Regardless of what anyone would like to say, the Constitution of Quebec should be written in unifying, inclusive, inviting, generous and, above all, neutral terms.
The adoption of such a Constitution could be done following the holding of a referendum. It would also be possible for it to be adopted directly and solely by the National Assembly, by a simple majority vote or a qualified vote (for example by two-thirds of the deputies).
The elaboration and creation of a Quebec Constitution seems to us to be eminently desirable. They would allow Quebecers to take stock of the values that drive them.
They would also allow Quebec to manifest itself firmly in its particular identity and to redefine itself in contemporary terms. In short, a Constitution of Quebec would be a real act of refoundation, which would open the way to the refocusing of modern Quebec.
Incidentally, the adoption of a Constitution for Quebec would be entirely compatible with the federal principle in general and with Canadian federalism in particular. Already, British Columbia has a document called Constitution Act. This law specifies the organization of the legislative and executive powers in the province. The Constitution of British Columbia is a sketchy document, but Quebec could certainly go much further, as we have seen above.
We are therefore totally in favor of the creation of a Quebec Constitution and strongly encourage the various political groups in Quebec to go ahead with this project. It is imperative, it seems to us, that Quebec expresses itself and displays itself, for what it is, unilaterally, without waiting for permission from anyone.