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Clearing the Third Way | The Press

It is not a buoy or a springboard.


Published at 8:00 a.m.

The report on the future of Quebec does not offer a turnkey strategy for the CAQ to compete with the PQ.

He does not offer an electoral plan. What he is proposing is more like a legacy. For this government and the following ones who want to continue the work.

When François Legault created this committee, we saw it as a way to revive his government.

It was last June. The PQ confirmed its strong lead in the polls. To combat this adversary, the CAQ was looking for a concrete project for its “third way” – increasing the autonomy of Quebec within Canada.

The CAQ identity menu was emptying. The laws on secularism and French had been adopted. And on immigration, Mr. Legault has a defensive posture. He criticizes the federal government and worries about the impact on public services, leaving an impression of angry helplessness.

On the other hand, in Quebec, we had not forgotten the small triumph of Simon Jolin-Barrette. The Minister of Justice surprised everyone by unilaterally modifying the Canadian Constitution to include recognition of the Quebec nation.

Even if the measure was rather symbolic, it was a dream. What if other good ideas made it possible to revive autonomy?

Expectations were therefore high for the Advisory Committee on Constitutional Issues, co-chaired by Sébastien Proulx (former Liberal minister) and Guillaume Rousseau (law professor and former PQ candidate).

PHOTO JACQUES BOISSINOT, THE CANADIAN PRESS

The Minister of Justice, Simon Jolin-Barrette, speaks at a press conference following the tabling of the report on the future of Quebec, in front of Sébastien Proulx and Guillaume Rousseau.

Obviously, they didn’t write it to attract crowds. The tone is technical. But it has the merit of breaking with the defeatist culture surrounding these issues.

For too long, we have repeated that “the fruit is not ripe” to modify the Constitution. The subject has become taboo. As if Quebec was exhausted from losing.

However, changes are possible without reopening a negotiation which would require the support of seven provinces representing half the population.

The authors believe they have found other legal innovations to allow Quebec to reach an agreement directly with the federal government. An example: the choice of judges of the Superior Court and the Court of Appeal.

Is this feasible? At the very least, it’s worth a try.

The list of other proposals is long – read my colleague Tommy Chouinard for the summary.

Here is an overview:

– Create a constitutional committee. This body would have an advisory role. It would guide the interpretation of Quebec laws and rule on federal interference and the impact of international treaties;

– Adopt Quebec citizenship;

– Adopt a Quebec constitution which would integrate the charters of rights and freedoms, the French language and secularism;

– Create a framework law on the defense and increase of Quebec’s constitutional freedom;

– Amend the Canadian Constitution so that the minority’s right to education is interpreted differently in Quebec, recognizing that English is not threatened there in the same way as French is in the rest of the country.

Overall, the report is likely to please both federalists and separatists – while waiting for the big night, any gain is preferable to what Gilles Duceppe called the “politics of the worst”.

On a partisan level, the gains promise to be modest, due to the aridity of the issues. But for the CAQ, simply speaking positively about nationalism will still be useful. Especially since this will allow him to put forward Mr. Jolin-Barrette, who has become one of his most reliable ministers.

Quebec is no longer alone in demanding more autonomy in the federation. In Ontario, Doug Ford used the notwithstanding clause, not without controversy.

In Alberta and Saskatchewan, conservative governments have legislated to strengthen their autonomy from the federal government. The Proulx-Rousseau report is inspired by this.

For unilateral gestures, Mr. Legault would have enough time to act between now and the end of his mandate. Or at least, to activate the mechanics.

But for negotiations with the federal government, the current context is bad.

Justin Trudeau leads a minority government at the end of his reign. Hurricane Trump will occupy him until the end of his mandate. Quebec must first ensure that it defends its interests in the commercial renegotiation of the agreement between Canada, the United States and Mexico.

Bilateral negotiations would take place with the next federal government. For the moment, Pierre Poilievre has not expressed interest in Quebec’s requests. Unlike his predecessors, the Conservative leader did not present a specific platform for Quebec.

In the past, the federal government has signed around ten bilateral agreements – the most recent with Quebec dates back to 1998 to deconfessionalize school boards. The growing interest of other provinces could, however, encourage the federal government to be cautious.

If François Legault leads the CAQ in the 2026 electoral campaign, everything indicates that this will be his last lap. He will not want to leave the memory of the one who fought against a referendum. He seeks a nationalist legacy. The report doesn’t give him a home run. But he will find some ideas there to at least strengthen the building before leaving it.

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