Last June, the government of Quebec entrusted us with the mandate to recommend measures aimed at protecting and promoting the collective rights of the Quebec nation, ensuring respect for its distinct social values and identity, and guaranteeing respect for the fields skills of Quebec and to increase its autonomy within the Canadian federation.
The report we tabled proposes a structured and comprehensive approach to allow Quebec to fully exercise its constitutional freedom. It is based on the characteristics of the Quebec nation, and takes note of the battles waged over time by governments from all walks of life. However, in a context marked by the continued decline of French, the multiplication of federal interference as well as the challenges linked to globalization, he also urges Quebec to intensify its action and, from now on, demonstrate boldness .
An ambitious, assertive and proactive posture
In this spirit, Quebec must both fully occupy its space and seek to make progress unilaterally. Certain actions taken in recent years, such as consecrating the existence of the Quebec nation in the Constitution Act of 1867are already part of this approach.
Of course, in a federation like Canada, unilateralism also has its limits. This is why, in order to carry out specific reforms, we propose that Quebec take the route of bilateral constitutional modification. Only the agreement of the National Assembly and the federal parliament will then be necessary. Quebec also successfully followed this procedure in 1997 by deconfessionalizing its school boards.
Ultimately, as certain advances cannot be achieved without the participation of other federated states, Quebec must also work to establish favorable conditions for multilateral reforms within the federation.
A Quebec constitution
Certain strong gestures proposed in the report make it possible to truly structure our posture. First of all, we recommend the adoption of a codified Quebec Constitution. It would be a question of bringing together in the same text the characteristics of the Quebec nation, the symbols associated with it, the foundations of the Quebec State as well as the references which are essential to fundamental laws, including the Charter of human rights and freedomsthe Charter of the French language and the Law on State Secularism.
The committee also proposes the adoption of a framework law on constitutional freedom which would aim to prevent federal interference. The defense and increase of Quebec’s constitutional freedom would then be a responsibility shared by all ministries and public bodies. Ultimately, certain measures could complete this system, including a parliamentary commission dedicated to constitutional and international affairs, as well as a Constitutional Council.
Investing in institutions and affirming the particularities of Quebec law
At the same time, Quebec will benefit from increasing its constitutional freedom in the institutions of the federation. In this sense, the committee proposes that it play a more significant role in the selection of candidates for the positions of superior court judges and lieutenant governor.
Furthermore, we recommend that a bilateral constitutional amendment establishes the preponderance of the laws of the Parliament of Quebec relating to property and private law. The latter has always remained the best judge of the state of its culture, its language and its civil tradition. Certain measures could also be taken to promote an interpretation of rights and freedoms better adapted to the Quebec context and confirm that the right to education in the minority language must not be interpreted there in the same way as elsewhere in Canada.
Fiscal autonomy
Concerning the sharing of legislative powers and fiscal balance within the federation, we recommend judicially challenging both the alleged federal spending power and the ceiling imposed on equalization. In our opinion, these measures are accompanied by the demand for a right of withdrawal with full compensation constitutionalized for Quebec. The committee further proposes that the Canada health transfer – with the conditions and sanctions that too often result from it – be replaced by a GST transfer, and that the Canada social program transfer replace a space equivalent increased tax for Quebec. The establishment of a single tax declaration and tax administration also seems appropriate to us.
Immigration, culture and international relations
Like many, we recommend above all the adoption of a law enshrining the Quebec model of integration and management of pluralism. In terms of immigration, Quebec must also negotiate an agreement with Ottawa on the sharing of responsibilities and resources with regard to asylum seekers. These measures are a continuation of Quebec’s historic desire to claim all the skills necessary for its identity.
In order to protect this specificity, the committee also recommends constitutionalizing the principle of extending Quebec’s skills in the digital world. At the same time, we propose to strengthen the educational and cultural mission of Télé-Québec, and to demand that respect and defense of the specificity of Quebec be specified in the mandate of the Société -.
Finally, it seems more than appropriate to us to include the Gérin-Lajoie doctrine in the codified Quebec constitution as well as in the Constitution of Canada, in addition to linking Quebec’s accession to international treaties concluded by the federal government to its participation to negotiations, then to increase Quebec’s action and power of influence internationally.
These recommendations are both ambitious and realistic. It is now up to our elected officials to take action to allow Quebec to assert and preserve its identity, while designing a future that lives up to its aspirations.
Members of the advisory committee on constitutional issues in Quebec within the Canadian federation
- Amélie Binetteprofessor in the Department of Law at the University of Quebec in Outaouais;
- Luc Godboutfull professor in the Department of Taxation at the University of Sherbrooke, holder of the Chair in Taxation and Public Finance at the University of Sherbrooke;
- Catherine Mathieuprofessor at the Faculty of political science and law at the University of Quebec in Montreal;
- Sébastien Proulxlawyer, former Minister of Education, Leisure and Sport and former Minister of Families;
- Guillaume Rousseaufull professor at the Faculty of Law of the University of Sherbrooke and director of the state’s applied law and policy programs;
- Martine Tremblaypublic affairs consultant, former deputy minister and former chief of staff to prime ministers René Lévesque and Pierre Marc Johnson.
