Quebec Constitution Asserts Autonomy, French, Secularism

Summary#

• This bill creates a Constitution of Québec, a law on Québec’s constitutional autonomy, and a law setting up a Constitutional Council. It also changes several existing Québec laws and parts of the Constitution Act, 1867.

• Its main goal is to assert that Québec is a “national state,” make French and laicity (secularism) core features, and strengthen Québec’s control over its laws, institutions, and territory.

• Key changes:

  • Declares the Constitution of Québec the top law in the province and adds core principles: French as the only official language, laicity of the state, civil law tradition, equality of women and men, abortion rights, and a 50% + 1 rule for any provincial referendum.
  • Makes Québec’s human rights charter and core language rights part of the new Constitution, and says women–men equality prevails over freedom of religion when they directly conflict.
  • Renames the lieutenant-governor as “officer of Québec” and changes oaths for members of the National Assembly to loyalty to the Québec nation and Constitution.
  • Creates a Constitutional Council to give public advisory opinions on the Québec Constitution and on the effects of federal initiatives.
  • Limits the use of Québec public funds to challenge certain laws that the Assembly declares protect the Québec nation and autonomy (with exceptions for individual legal aid, court-ordered fees, and defensive cases).
  • Lets the government issue directives to resist federal actions viewed as intruding on Québec powers, and set conditions on transferring public land or buildings to federal bodies. Large private sales to federal bodies would also require notice and give Québec a first right to buy.
  • Tightens rules for courts to pause (suspend) Québec laws during lawsuits and prevents courts from raising constitutional questions on their own.
  • States that Québec will propose candidates for Senate seats and Supreme Court of Canada judges reserved for Québec, and can declare Québec not bound by federal international agreements in areas of provincial power if it was not sufficiently involved.

What it means for you#

• Residents

  • French remains central. The bill puts French as the only official language into the new Constitution and emphasizes Québec’s distinct culture and civil law tradition.
  • Women–men equality is strengthened. If it directly conflicts with freedom of religion in a case, equality wins.
  • The right to abortion is explicitly protected.
  • Courts are told to be cautious before pausing a Québec law during a court case. This may make it harder to temporarily stop a law while a challenge is decided.
  • The bill recognizes First Nations and Inuit in Québec and their existing treaty and ancestral rights, and says Québec respects the English-speaking community’s institutions.

• Public servants and agencies

  • Ministries must follow a 10‑year “constitutional autonomy” strategy and may receive directives to push back on federal measures seen as intruding on Québec powers (for example, refusing certain federal funds or not joining federal policy work).
  • Some public bodies may not use Québec public money to fund court challenges against designated “nation-protecting” laws, except in set situations.

• Property owners and municipalities

  • If you plan to sell certain public lands or buildings to a federal body, prior approval is required. For certain private property sales to federal bodies, advance notice to the Québec minister will be required, and a designated Québec authority may have a first right to buy on the same terms. Deals that ignore these rules would be void.

• Lawyers, judges, and litigants

  • Courts cannot, on their own initiative, raise constitutional issues or push parties to do so.
  • Getting a court order to pause a Québec law now requires detailed proof of serious, irreparable harm and a clear public interest case. Courts must defer to the legislature’s judgment when assessing a temporary pause.
  • Cases raising both the Québec human rights charter and the Canadian Charter must analyze each one separately.
  • The Attorney General gains added routes to appeal certain interim orders.

• Elected officials

  • National Assembly members will swear loyalty to the Québec nation and to uphold and defend the Québec Constitution.
  • The Assembly will hold special annual debates on constitutional issues and, after a federal election is called, a debate to present Québec’s constitutional demands to federal parties.

Expenses#

No publicly available information.

Proponents' View#

• It affirms Québec’s identity as a national state and protects core features: French language, laicity, civil law, and distinct social values.
• It strengthens women’s rights and clarity in rights balancing by stating that gender equality prevails over religious freedom in direct conflicts and by protecting abortion access.
• It improves democratic clarity by setting a simple majority (50% + 1) standard for referendums.
• It boosts autonomy by coordinating government action, resisting federal intrusions, and giving Québec a stronger voice in Senate and Supreme Court appointments.
• It protects public resources by limiting the use of Québec public money to attack key nation-protecting laws.
• It promotes stability by making it harder to pause duly enacted laws during litigation, reinforcing respect for the legislature.

Opponents' View#

• Several measures may conflict with the Canadian Constitution and division of powers, such as claiming changes to the Constitution Act, 1867, redefining the lieutenant-governor’s role, and declaring Québec’s Constitution supreme over conflicting rules.
• Limiting public funds for constitutional challenges could chill access to justice and make it harder for groups to contest laws that may breach rights.
• Making gender equality override religious freedom in conflicts could face Canadian Charter challenges and affect religious minorities.
• Tighter rules to pause laws and blocking courts from raising constitutional issues may weaken judicial oversight and delay relief from harmful laws.
• The first right to buy properties before sales to federal bodies may interfere with private transactions and complicate investments.
• Declaring Québec not bound by certain federal international agreements and asserting sole authority to bind Québec abroad could create legal uncertainty and intergovernmental disputes.