New Provincial Constitution and Autonomy Push

Summary#

• This bill would create a written Constitution of Quebec, a Law on Quebec’s Constitutional Autonomy, and a Law on a new Constitutional Council. It also amends many Quebec laws and parts of Canada’s Constitution Act, 1867 as they apply to Quebec.
• The Quebec Constitution would declare itself the highest law in Quebec. It defines the Quebec nation, sets out collective rights, and includes key human rights and language rights already found in Quebec law.

Key changes

• Declares French the only official language; confirms a secular (non‑religious) state; protects equality between women and men and access to abortion; adds a right to end‑of‑life care (with existing legal limits).
• Gives the Quebec Constitution priority over conflicting rules and folds in parts of the Quebec Charter of human rights and the Charter of the French Language.
• Renames the “lieutenant‑governor” as the “officer of Quebec” in Quebec laws. Members of the National Assembly would swear loyalty to the Quebec nation and to the Quebec Constitution.
• Creates a Constitutional Council to give written advisory opinions, on request, about the Quebec Constitution or the impact of federal initiatives.
• Sets a 10‑year strategy on constitutional autonomy, annual special debates on constitutional issues, and tools to resist federal measures seen as intruding on Quebec’s powers (including refusing certain transfers or cooperation).
• Limits use of public funds by many public bodies to challenge certain Quebec laws in court, with exceptions for individuals receiving legal aid or court‑ordered costs.
• Changes court rules: makes it harder to pause (suspend) a Quebec law while it is being challenged and prevents courts from raising constitutional issues on their own.
• Requires notice and gives Quebec a first right to buy some properties if the owner plans to sell to a federal institution (details by regulation).
• Says Quebec will propose candidates for Senate seats from Quebec and for Quebec’s seats on the Supreme Court of Canada.
• Target start: most parts on assent; the Quebec Constitution on June 24, 2026 (or an earlier date set by government). Some measures start on dates set by regulation.

What it means for you#

• Residents

  • Public services and institutions remain secular. Policies will continue to prioritize the French language.
  • In any clash between gender equality and freedom of religion, gender equality would prevail.
  • The right to seek an abortion is protected. A right to end‑of‑life care is recognized for people who meet existing legal conditions.
  • The Constitution recognizes Quebec’s distinct civil law tradition and its model of integrating newcomers into the Quebec nation (not multiculturalism).

• People using the courts

  • It will be harder to get a temporary court order to suspend a Quebec law during a constitutional challenge. Judges must defer to the elected legislature, and there is a presumption that Quebec laws serve the public interest while a case is ongoing.
  • Courts cannot, on their own, raise constitutional questions or push parties to do so. People challenging a law must give more detailed facts up front.

• Public bodies and municipalities

  • Many public bodies (listed in the bill) cannot use public funds to challenge certain Quebec laws that the National Assembly declares protect the nation and Quebec’s autonomy, except in limited situations (like assisting an individual client).
  • You may receive directives to refuse certain federal funds, pause agreements, or avoid taking part in federal consultations if the government believes a federal initiative intrudes on Quebec’s powers.

• Property owners

  • If you plan to sell property to a federal institution, you may have to notify the minister first (in cases set by regulation). The Quebec government or a designated body could buy it first on the same terms. A sale that ignores these rules would be void.

• English‑speaking community and Indigenous nations

  • The preamble recognizes the English‑speaking community’s institutions and names several First Nations and Inuit, and it recognizes existing Indigenous rights. The bill does not change those rights.

• Elected officials and government employees

  • Members of the National Assembly would swear a new oath to the Quebec nation and the Quebec Constitution.
  • A new advisory Constitutional Council will issue opinions within 90 days when asked by the government or the Assembly.

• Businesses and nonprofits

  • Programs or agreements tied to new federal initiatives could change in Quebec if the province refuses funds or cooperation to protect its autonomy.
  • Publicly funded bodies face new limits on financing court challenges to certain Quebec laws.

Expenses#

No publicly available information.

Proponents' View#

• It clearly affirms Quebec’s nation, language, secular state, and civil law tradition, giving them a firm legal foundation.
• It strengthens protection of women’s equality and access to abortion, and recognizes end‑of‑life care rights.
• It coordinates Quebec’s response to federal overreach and equips the province to fully use its own powers.
• The Constitutional Council offers fast, transparent guidance on constitutional questions.
• Limiting taxpayer‑funded court challenges by public bodies, and tightening rules on suspending laws, keeps democratically adopted laws in force while cases proceed.
• Requiring notice before sales to federal bodies protects territorial integrity and coherent land use.

Opponents' View#

• Several claims (like declaring international autonomy or renaming the lieutenant‑governor’s role) may conflict with Canada’s Constitution and spark legal fights and uncertainty.
• Prioritizing collective rights and secularism, and making gender equality prevail over religious freedom, could narrow protections for religious and other minorities.
• Barring many public bodies from funding certain legal challenges, and raising the bar to suspend laws, may limit access to justice and weaken checks on government.
• Refusing federal transfers or cooperation could reduce funding for programs or services in Quebec.
• The property sale notice and government first‑purchase right could burden owners and delay projects.
• The Constitutional Council could be seen as politicized, and adding Quebec‑only clauses to the Constitution Act, 1867 may face challenges.