Proposed Quebec constitution law would prioritize French, secularism and collective rights

After reading and analyzing the Legault government’s Bill 1, the Task Force on Linguistic Policy has concluded the proposed constitution legislation “is a threat to the 1.25 million English speaking Quebecers, a threat to Quebec’s future in Canada, and “sends a clear message to all non-francophones: ‘you do not exist.’”

Since its founding in 2021, the Task Force, led by Andrew Caddell, has organized public meetings and rallies, submitted legal briefs to courts, the National Assembly and Parliament, and held expert panel discussions to oppose both Bill 96 and the use of the Canadian constitution’s controversial Notwithstanding Clause.

Their Bill 1 reaction brief submitted to elected officials at the Quebec National Assembly stated the concerns of the Task Force.

Fleeting mention of Anglos

Mentioned in the 11-page document is the draft legislation’s fleeting mention of Anglophone institutions. “In doing so, it fails to recognize the enormous contributions of English-speaking Quebecers for three centuries and more,” stated the Task Force.

“The bill places collective rights, secularism and the French language above human rights,” they maintain. “This creates an inverted pyramid of rights where the collective supersedes the individual.”

The brief outlines Bill 1’s objectives, the Task Force’s objections, legal issues and recommended changes. Among other things, it notes that the United Nations Declaration of Human Rights does not recognize collective rights, stating rather that “All human beings are born free and equal in dignity and rights.”

The brief refutes the CAQ government’s claim of Quebec being self-determined, the ability to hold a referendum with a winning margin of 50 per cent plus one, and denounces Bill 1, saying “the contempt for our federal system runs throughout this legislation,” as the proposed law refers to Canada as a “loose federation of autonomous states.”

‘Radical and unconstitutional’

The Task Force concludes that Bill 1 “is a radical and unconstitutional blueprint for provincial autonomy. It is a blueprint for a controlled demolition of the existing federal system.”

The Task Force stated in its conclusion, “We recognize and encourage the flourishing of French as the majority language in Quebec. But we stand with those who do not speak French: the elderly, visible minorities, the rural poor, the indigenous people, the physically and mentally challenged.

“These are the people who require government services. Many were not educated in Canada, and therefore could be denied government services according to Bill 96 and would be permanently discriminated against in Bill 1.

“That is unfair, egregious, immoral and unconstitutional. It is not the Quebec that we know, and it is not the Quebec we see evolving into the future. Quebec will be a pariah in the western world by adopting such a fundamental law. And we will join in the criticisms of it until it is withdrawn.”

Narrow-minded laws

The Task Force maintains that Bill 1 “promises to ‘define the Quebec nation,’ but rather than describe a dynamic, multilingual society within a majority Francophone province, it entrenches its three most narrow-minded pieces of legislation – Bill 21 on secularism, Bill 84 on identity, and Bill 96 on language – outside challenges of the courts, so their privileged place in this ‘Constitution’ protects them from judicial appeal.”

“This bill places collective rights, secularism and the French language above human rights,” they continue. “It also prevents the use of taxpayers’ dollars for court challenges, a fundamental undermining of democratic principles that any party should be able to challenge any unfair law.”

The Task Forced noted that in Quebec, “scholars and premiers, both indépendantiste and federalist, have advocated for a written Quebec Constitution to underline its autonomy and difference. However, the Liberals, Parti Québécois and Québec solidaire all voted against tabling the bill.”

The Task Force noted that the Barreau du Québec has also criticized Bill 1. “It is time this legislation be shelved, amended enormously or thrown in the recycling bin, where it belongs,” they said.

‘Dangerous, unconstitutional’

Recommending changes, the Task Force said it “sees this bill as dangerous, unconstitutional and inconsistent with the Constitution of Canada and its Charter of Rights and Freedoms. Any and all sections that are beyond the reach of the National Assembly should be withdrawn.”

“The Task Force, as a representative of the 1.25 million English-speaking Quebecers, demands recognition of the non-francophone community as builders, leaders, scientists, doctors, and enormous contributors to the growth of Quebec for the last three centuries,” they continued.

“A chapter of the law should be dedicated to this recognition. If not, this legislation creates a structure of a purely ethnocentric ‘nation,’ comparable to a 19th century nation-state, and not a dynamic, open society of the 21st century.”