Title: Quebec Premier's Bill 1 Faces Criticism Over Constitution Process

Quebec Premier François Legault's Coalition Avenir Québec (CAQ) government recently introduced Bill 1, which aims to establish a written constitution for the province. However, the bill's text and the process behind its creation have sparked significant controversy, raising concerns about the approach taken by the government.

Every Canadian province has a constitution that includes relevant clauses from the Constitution Acts of 1867 and 1982, along with provincial laws and customs. Provinces can compile these elements into a single document, as British Columbia did in 1996. They can also amend their constitutions, as Alberta did in 1990. Therefore, Quebec's decision to adopt a written constitution is not unprecedented or unconstitutional.

What stands out is the method employed by the Legault government. Typically, such a significant undertaking would involve seeking broad public and political consensus. This is especially true when a government faces low approval ratings and questions about its legitimacy. In such cases, collaboration with opposition parties is essential to create a non-partisan document that reflects the will of the people.

However, the CAQ did not follow this path. Justice Minister Simon Jolin-Barrette's office drafted the document in secrecy. While all political parties in the National Assembly agree on the need for a written constitution and its foundational elements—such as the province's institutions, the Civil Code, the Quebec Charter of Human Rights and Freedoms, and the Charter of the French Language—the CAQ appears to be pursuing a different agenda.

The government seems to be engaging in wedge politics, aiming to position itself as the most nationalist party among non-separatists. This strategy comes as the sovereignist Parti Québécois (PQ) gains traction in the polls, with 36 percent support according to a recent survey. The CAQ is likely trying to attract voters who oppose another independence referendum by emphasizing its nationalist stance without risking separation.

The proposed constitution suggests that Canada is more of an obstacle than a partner for Quebec. Bill 1 emphasizes protecting the "state of Quebec" from the "Canadian federal union," with terms like "province" and "Canada" largely absent from the text. The bill allows the provincial government to refuse federal transfers perceived as detrimental to Quebec.

The bill also seeks to redefine Quebec's role within Canada, asserting its distinct character and jurisdiction. It proposes replacing the lieutenant governor with an "officer of Quebec," appointed by the "prime minister" of Quebec, rather than the "governor general in council."

Additionally, Bill 1 aims to appeal to Quebecers who believe collective rights should take precedence over individual rights. It states that "the Quebec nation" holds intrinsic and inalienable collective rights, which could potentially weaken individual rights. Furthermore, any entity receiving public funds under Quebec law would be barred from challenging certain acts passed by the National Assembly in court.

Despite low approval ratings, the CAQ holds a significant majority in the National Assembly, which could allow it to pass the constitution even if opposition parties attempt to block it. Critics worry that proceeding with such a contentious approach would not serve the best interests of Quebec or Canada. The government's motivations appear to be driven by partisan goals rather than the broader needs of the province.