Opinion: Quebec’s constitution would unite us, not divide us

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Last week, the political committee of the Quebec Liberal Party proposed the adoption of a written constitution to unite Quebecers, reaffirm Quebec’s status as a nation within Canada and pave the way for a new vision of federalism.

The Liberals have been debating the idea of ​​creating a Quebec constitution since 1967. It was proposed in a 2001 report on the party’s new vision by former Liberal minister Benoît Pelletier, voted on in 2019 by the QLP youth wing and recommended in 2023 by the Committee for the Rebirth of the QLP.

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In each case, the goal was to establish a fundamental law that would affirm who we are and what unites us, regardless of language, faith or political beliefs.

But some, including Gazette columnist Robert Libman (“A Quebec constitution? A terrible idea,” Aug. 17), have expressed concerns about the risks of such a project. Chief among those concerns is the fear that the constitution will divide Quebecers rather than unite them.

The Constitution would do the opposite.

It would strengthen our sense of belonging to Quebec by clearly articulating our shared values ​​and aspirations. It would strengthen the bonds that bind us together by offering a vision that Quebecers of all backgrounds could identify with and support.

In a context in which the CAQ government accuses those who disagree with its policies of opposing the values ​​of Quebec and the people of Quebec, proposing a unified project that includes every Quebecer is more important than ever.

Moreover, the constitution would ensure that English-speaking Quebecers and other minority groups would have solid protections against further attempts to challenge or violate their rights.

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Libman also notes the risk of mixed messages, which he says have made life difficult for liberals in the past.

Liberals have been uncertain about their positions on language, secularism and other identity issues in recent years. This time, however, they have made their position clear.

They offer a vision that strengthens the sense of belonging to Quebec while protecting the rights and freedoms that are at the heart of what it means to be a Quebec Liberal.

Libman also argues that the Constitution is not a priority and liberals should focus on day-to-day issues.

This argument rests on a false dilemma. You don’t have to choose between the Constitution, the economy, or health care. You can address these issues simultaneously. In other words, we can chew gum and walk at the same time.

The Liberals believe political parties need to address real issues, such as preserving the French language, integrating newcomers into Quebec and protecting the rights of anglophone Quebecers to receive public services in English.

Finally, Libman states that the Quebec Charter of Human Rights and Freedoms has been violated many times, depending on the government’s political agenda.

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It is worth noting that the Quebec Charter, adopted by the Liberal government in 1975, already has quasi-constitutional status. It also contains a notwithstanding clause that allows the government to enact legislation that restricts certain rights and freedoms.

While there may be justification for using this clause in some contexts, governments should never use it solely for political gain or simply because it is “popular.”

Unfortunately, the CAQ government did the same thing with Bills 21 and 96. In each case, the reasons cited for using the notwithstanding clause were not based on solid evidence, but rather on the fact that a majority supported the legislation, which is not a valid reason to use such an exceptional clause.

The Constitution would better regulate the application of the notwithstanding clause, including more stringent criteria for such application. It would also clarify when, how, and for how long governments can apply the notwithstanding clause to avoid abuse, adding important safeguards for Anglo-Quebecers and minorities.

More than ever, Quebecers need a unifying project that establishes the foundations for an inclusive vision of Quebec in Canada. For the Quebec Liberals, this vision is embodied in the Quebec constitution.

Antoine Dionne Charest is vice-chair of the Quebec Liberal Party’s political committee and a public affairs consultant. He is the author of books on political history, including Legacy: How French Canadians Shaped North America (2016) and Canada Always: The Defining Speeches of Sir Wilfrid Laurier (2016).

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