(a) call on the government to fully withdraw from the legal challenge of Quebec’s Act respecting the laicity of the State before the Supreme Court;
(b) call on the government to withdraw its factum filed on September 17, 2025, with the Supreme Court contesting Quebec’s right to invoke the notwithstanding clause; and
(c) denounce the government’s willingness to use the Supreme Court to take constitutional powers away from Quebec and the provinces.
He said: Madam Speaker, before I begin, I would like to say that I will be sharing my time with the member for , House leader for the Bloc Québécois.
I am pleased to speak today to this motion, which I am honoured to move on behalf of the Bloc Québécois. It has three very clear components that we will have the opportunity to examine. Before we begin the debate, however, I would like to remind members of a few things that I feel are important.
First, the dreaded notwithstanding clause, which the government considers an atrocity, a sword of Damocles hanging above the Canadian Charter of Rights and Freedoms, is actually the very thing that enabled the Liberal government of Pierre Elliott Trudeau to patriate the Constitution without Quebec's consent in what was called the “night of the long knives”. Without the notwithstanding clause, there would have been no agreement with the provinces, and René Lévesque would not have been sidelined. Why is that?
In fact, this provision assures the provinces that the federal government and its charter are not at a higher level, that the federal charter does not override the will of the provinces and that the parliamentary sovereignty of the provinces is in no way in question. The notwithstanding clause allows the Quebec, provincial and federal governments to pass laws notwithstanding section 2 or sections 7 to 15 of the Canadian Charter of Rights and Freedoms.
Section 33 states the following:
(1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter.
(2) An Act or a provision of an Act in respect of which a declaration made under this section is in effect shall have such operation as it would have but for the provision of this Charter referred to in the declaration.
(3) A declaration made under subsection (1) shall cease to have effect five years after it comes into force or on such earlier date as may be specified in the declaration.
(4) Parliament or the legislature of a province may re-enact a declaration made under subsection (1).
(5) Subsection (3) applies in respect of a re-enactment made under subsection (4).
Nowhere is there any mention of pre-emptive or non-pre-emptive or curative use. Nowhere is there any mention of a limit on renewing the notwithstanding clause. It is simply a tool.
My first reminder is this: The Quebec government has the right to use the notwithstanding clause as it sees fit, within the limits of its scope, of course. It is not up to Ottawa to impose its views on Quebec.
My second reminder is this: Since the 1960s, secularism has been a fundamental component of Quebec society. The province began by secularizing education with the creation of the ministry of education. Classical courses were then replaced by CEGEPs. Teachers traded in their cassocks for trousers and their headdresses for hairstyles. Secularization continued until a constitutional amendment put an end to the religious school boards, replacing them with linguistic school boards.
Over the past 20 years, there has been debate about reasonable accommodations, the Bouchard-Taylor commission was established, there were public consultations on the charter of values that went on for months, there was the debate about Bill 21 and, more recently, the Pelchat-Rousseau committee considered the limits of the Act respecting the laicity of the State.
For the past 60 years, Quebec has thoughtfully examined the question of secularism, it has laid the foundations of Quebec society, for the separation of church and state, with French as our common language, equality between men and women, and the recognition of a shared historical heritage.
Also for the past 60 years, Ottawa has tried to sabotage Quebec's efforts by challenging the way we do things. Even now, the House of Commons begins its day's work with a prayer. It is one thing if this government is unwilling to act or is indifferent when it comes to protecting secularism, but what it is doing now is far worse. It is trying to weaken Quebec secularism, literally acting as judge and jury, scorning Quebec's choices from the moral high ground it has taken. Ottawa simply does not like the choices made by Quebec society.
That leaves us here today with this motion that is asking three things of the federal government. First, that it not challenge Quebec's choices in the Supreme Court. Second, that it keep its comments to itself. Third, that it give up on the flawed notion of using this provision to weaken the powers of Quebec and the provinces.
' The Attorney General of Canada had not submitted his factum when we drafted this motion. The information we had was that Ottawa would only challenge the use of the notwithstanding clause, but not the Act respecting the laicity of the State. We thought this was rather absurd. We felt that without the notwithstanding clause, a series of legislation, such as the Act respecting the laicity of the State and legislation to protect the French language would end up in court. For several months, we thought that Ottawa would go to the Supreme Court to undermine secularism in Quebec, but we were wrong. The federal government is going to the Supreme Court to take away the tools that enable Quebec to set rules and safeguards in the society in which we live together. We call on the government to withdraw its challenge to Bill 21.
I would go further and say that when the Canadian Constitution was repatriated in 1982, the government of Trudeau senior inserted section 33 on the notwithstanding clause in the Canadian Charter of Rights and Freedoms to isolate Quebec.
He introduced ironclad constitutional protections to ensure that things would remain the same. I would remind members that constitutional amendments require the support of the House, the Senate and seven provinces representing at least 50% of the population. What the Liberal government is now doing is to replace parliaments and representatives of the Canadian people with a few judges appointed by the very government. This is an attempt at a constitutional coup. If the government is uncomfortable with the notwithstanding clause, which clearly appears to be the case, it should invite elected representatives to a constitutional conference. This debate should take place in parliaments and not in court. It should be between representatives of the Canadian people, and not between judges and lawyers.
The Liberals claim they are defending the Canadian Charter of Rights and Freedoms; however they are skirting the democratic process when they ask the Supreme Court to limit section 33. The use of Bill 21 as a pretext to ask the Supreme Court to amend the Constitution shows the Liberals' misuse of the notwithstanding clause. They claim that the use of the notwithstanding clause needs to be restricted, under the pretext that what those evil Quebeckers are doing with laicity is appalling. That is what the government is trying to say.
It does not like Quebec's choices, and it wants to take away the tools that allow Quebec to make its choices. This is a political battle; it is being waged in the political arena, not the legal one. This debate must take place here, in the provincial legislatures and with the Quebec National Assembly. One of the arguments in favour of the notwithstanding clause was that the provinces did not want government by judges. Now, by challenging this provision, the government is ignoring the will of the provinces. Indeed, it has asked the Supreme Court to get involved in politics and amend the Constitution, changing its intent. It is undemocratic.
The government must withdraw, withdraw its factum and, once and for all, forget about this bad idea to use the Supreme Court to weaken Quebec and the provinces.
:
Madam Speaker, I am pleased to speak to this important motion, and I want to thank my colleague from for moving it today so that we can debate it. I also thank him for his very enlightening speech.
Like him, I will take the liberty of rereading the motion for the benefit of everyone here and the many people who I know are tuning in at home.
(a) call on the government to fully withdraw from the legal challenge of Quebec's Act respecting the laicity of the State before the Supreme Court;
(b) call on the government to withdraw its factum filed on September 17, 2025, with the Supreme Court contesting Quebec's right to invoke the notwithstanding clause; and
(c) denounce the government's willingness to use the Supreme Court to take constitutional powers away from Quebec and the provinces.
The filed his factum challenging Bill 21 with the Supreme Court. He will say that is not accurate, but it is. He is challenging Bill 21. He can say that he is simply challenging the pre-emptive use of the notwithstanding clause, but since he is doing it in the context of the challenge to Bill 21, he is clearly challenging the Act respecting the laicity of the State.
The member for , who is also the leader of the Bloc Québécois, likes to say that foresight of consequences is part of intent.
The Attorney General is therefore indirectly challenging Bill 21, which was passed in 2019. If the Supreme Court were to agree with the Attorney General's argument that the notwithstanding clause can be used only for a period of five years, the consequence would be that Bill 21 could be struck down. In any event, it would no longer be protected by the notwithstanding clause. Foresight of consequences is part of intent, and it is our opinion that challenging the secularism law is also part of the Attorney General's intent, even though he does not say so in so many words.
It is important to keep this in mind when reading the Attorney General's factum. The Liberal government's position is that the use of the notwithstanding clause is a step towards the end of freedoms. In its view, the notwithstanding clause is an undemocratic weapon with the potential to wipe out freedom of the press, unions and freedom of religion. It believes that when the notwithstanding clause is invoked, journalists can be silenced, churches can be shuttered and organized labour can be outlawed. My colleagues may think I am delusional, that I am fantasizing and making things up, and I can understand that, but I am going to cite a passage from page 12 of the factum:
The loss of means essential to the exercise of a right or freedom could produce effects that would subsist beyond the expiry of any declaration under s. 33. For example, the freedom of the press, guaranteed under s. 2(b) of the Charter, could disappear if independent newspapers and media were prohibited from carrying on business for a prolonged period. Similarly, freedom of religion, guaranteed under s. 2(a) of the Charter, could disappear if places of worship were declared illegal for a prolonged period. And freedom of association, guaranteed in s. 2(d) of the Charter, could disappear if all trade unions were declared illegal and prohibited from engaging in any activity for a prolonged period.
According to the Attorney General, the notwithstanding clause could open the door to a dictatorship, as if Quebec had nothing better to do at night than dream up ways to get around sections 2 and 7 to 15 of the Canadian Charter of Rights and Freedoms.
The Attorney General's choice of examples is not insignificant. The Attorney General mentions places of worship to send the rather bizarre message that Quebeckers are so anti-religion that they might go so far as to ban churches, synagogues and mosques. That is practically what the Attorney General is telling us. That is the not-so-subtle subtext of this Liberal pamphlet.
However, it does not take the notwithstanding clause to weaken newspapers, unions, and rights and freedoms. The federal government is able to do this without resorting to a notwithstanding clause. The government is in the process of hypocritically taking away federal workers' right to strike, as we can see from its excessive use of binding arbitration and section 107 of the Canada Labour Code.
As a reminder, I would point out that Quebec passed its own anti-scab legislation in the late 1970s, while the federal government has only just done so 45 years later. Incidentally, we could talk about all the gaps and loopholes in that bill, but we would need a whole other sitting.
The Bloc Québecois introduced at least 11 bills along those lines, and all of them were defeated. Ottawa is telling us that the notwithstanding clause can be used to ban trade unions. Ottawa is also using newspaper arguments, even though its failure to take action is primarily responsible for the closure of the majority of regional newspapers in Quebec and Canada. The federal government cloaks itself in its vision of freedom of worship, yet it does nothing to crack down on hate speech under the guise of preaching. There is no excuse for these examples in a matter that concerns Quebec legislation. These examples should make us leery, and that is exactly what Quebeckers should be.
The factum of the Attorney General even goes as far as to talk about executions and slavery. The Factum states, “...a statute that invokes s. 33 to allow arbitrary executions or slavery would violate a constitutional limit...”. The Attorney General is telling us that a statute that would use the notwithstanding clause to allow firing squads and slavery would be going too far. We may agree, but why should his factum include unrealistic things, if not to demonstrate that the use of the notwithstanding clause is necessarily in conflict with the values of justice and democracy? In reading the factum, it is hard to believe that the notwithstanding clause has been in effect for the past 43 years. One has to wonder how people have survived this far, where the gulags are and how we have managed to protect our rights.
This government, which is lecturing Quebec and provinces, has just introduced Bill , a bill that states that all other legislation does not apply to specific government projects. It is a piece of legislation that circumvents all other legislation. Is this what respecting the spirit of the Canadian Charter of Rights and Freedom means? It can certainly not be said that the government is leading by example. This is the government that was negligent in invoking the Emergencies Act and suspended fundamental rights, which are also guaranteed in the charter, for some time. This is the same government that is condescendingly judging Quebec, a generous and welcoming society, and which suspects us of being xenophobic and racist and of having authoritarian inclinations.
This factum is an insult. It says more about how the federal government views Quebec than it does about secularism and the use of the notwithstanding clause. We are asking the government to withdraw from this case and take its surreal factum with it. We recognize that it has the right to try to review the notwithstanding clause, but that would require an amendment to the Constitution, which would be done by negotiating with Quebec and the provinces in the context of constitutional talks. As my colleague who spoke before me pointed out, this is not a matter to be debated before the courts. If the government wishes to debate the use of section 33, we would be happy to sit down with it. Then it can talk to us all it wants about slavery, firing squads, child exploitation and dictatorships, and at that point, we will ask it to try to be serious.
I would like to remind the government about something else concerning section 33. The government contends that this section is to be used in a temporary, time-limited manner. It is telling us that the charter, which forms part of the Constitution, is unconstitutional and that subsection 4 of section 33 has no application. In any event, its notion of the permanence of the law is arguable. We are legislators. The government makes laws. Laws can be changed, amended or repealed, if that is the will of the elected representatives, which, in turn, reflects the will of the people, a will that is equally subject to change. When this government talks about the permanence of a law, it is talking about a concept that is foreign to politics. We have the power to amend anything, including laws that use the notwithstanding clause. If the Attorney General does not like laws that use the notwithstanding clause pre-emptively, he should just support a party that is opposed to this, or follow Pablo Rodriguez' example and run in Quebec.
One thing is clear: This debate is not one that should happen in a courtroom.
:
Madam Speaker, as I rise in the House today, I want to convey just how important the Canadian Charter of Rights and Freedoms is to me and to my identity as a Quebecker and a Canadian. I will also explain why it must be protected.
Like so many women before me, my mother and my grandmother fought for equality before the law. To give a little background, my grandmother owned several newsstands in Montreal. She was an entrepreneur. She had employees. However, the law at the time prohibited her from having a bank account. It had to be in her husband's name. She also did not have the right to vote.
Considering what is happening south of the border these days, it is more important than ever to protect the rights and freedoms enshrined in our Constitution and in the charter. Legislatures must not be allowed to limit these rights without any oversight or without a court being able to examine exactly whether the limits are justified.
It was Simone de Beauvoir who said that it only takes a political, economic or religious crisis for women's rights to be called into question. She also said that we must remain vigilant throughout our lives. That is exactly what I am doing today. I rise in the House to defend the rights and freedoms that my grandmother and generations of women in Quebec gained at great cost. I rise to support our government and to prevent cracks from forming in the protection and guarantees afforded to us by the Canadian Charter of Rights and Freedoms. I am talking about women's rights, of course, but also the rights of minorities and workers, as my colleague previously mentioned.
I take the floor today to support the important role played by the Attorney General of Canada when he appears, through counsel, before the highest court in the country, the Supreme Court of Canada, to provide his legal viewpoint on constitutional questions, including the protection of our hard-won rights and the definition of the limits of section 33 of the charter, the notwithstanding clause, that we were just now discussing.
The constitutional limits set out in section 33 prevent the notwithstanding clause from being used to amend or abolish the rights and freedoms guaranteed by the charter. Indeed, unfettered use with no limitations of any kind would be the same as saying that our rights and freedoms can be reduced to nothing. The courts have the responsibility of ensuring that the use of a notwithstanding clause is limited, respected, and exceptional.
Our constitutional democracy is based on balance. I am going to keep coming back to this concept of balance. This essential balance lies at the heart of our democracy. Parliament and the provincial governments have broad latitude to enact laws in the public interest within their respective jurisdictions, but that latitude is not absolute, and in a way that is the matter under debate here. The principle of parliamentary sovereignty has always been framed within the Canadian constitution, which includes a charter of rights and freedoms. The notwithstanding clause cannot override the jurisdiction of a court to find that rights and freedoms have been unreasonably limited within the meaning of section 1 of the charter.
It is important to remember that our country is governed by the rule of law and that the Constitution is the supreme law of Canada. In our federal system, it is the Constitution that confers legislative powers on Parliament and the provincial governments.
As the Supreme Court has said, the Constitution binds all governments. Their sole claim to exercising legitimate authority is grounded in the powers conferred under the Constitution and cannot come from any another source.
In our system, federal, provincial and territorial governments strive to co-operate for the greater good of all the people they represent and their communities, whether provincial, territorial or local. Disputes may arise from time to time as to whether one level of government or another has overstepped the bounds of its constitutional authority. The courts are there to rule on these disputes according to legal principles. Our courts appreciate efforts to promote co-operation between the different levels of government, and of course, to preserve provincial autonomy, which is important to mention because it is a feature of our federal system.
As the Supreme Court has observed, the desire to protect provincial autonomy reflects both a commitment to accommodate diversity within a country by granting significant powers to provincial governments and a broader constitutional goal of maintaining a balance between unity and diversity. There is unity in diversity. I believe that this value is at the heart of our democracy and our country. It is also at the heart of the charter.
There is also a constant need for balance between other constitutional principles and values. Parliamentary sovereignty has to be balanced against the protection of minorities, as enshrined in the Canadian Charter of Rights and Freedoms. The Canadian Constitution has always reflected a commitment to respect minorities, as historically evidenced by provisions in the Constitution Act, 1867, and the Manitoba Act, 1870, relating to linguistic rights and denominational schools. When the Canadian Charter of Rights and Freedoms came into force, additional protections, including fundamental rights and freedoms, legal rights, the right to equality, and a broader range of language rights were entrenched in the Constitution.
The Attorney General of Canada played a key role both before and after the charter came into force to ensure these principles, such as parliamentary sovereignty, were balanced within the overall framework of the Constitution, including the protection of minority rights and fundamental protections in the charter. For instance, the Attorney General appeared before the Supreme Court in Attorney General of Quebec v. Blaikie et al. and the 1979 case Attorney General of Manitoba v. Forest on the subject of the constitutional right to use French and English in the statutes, legislatures and courts of Quebec and Manitoba. The Attorney General also intervened the matter of the Quebec Association of Protestant School Boards in 1984 and has done so in many other cases since then to assist the Supreme Court in interpreting the right to education in the minority language. This right is now enshrined in section 23 of the charter and in its application in several provinces.
As the chief justice of the Superior Court of Quebec, the late Jules Deschênes, noted when granting intervener status to the Attorney General of Canada in the Quebec Association of Protestant School Boards case in 1982, the Canadian Charter of Rights and Freedoms is a constitutional instrument that applies everywhere in the country, and the Attorney General of Canada naturally has an interest in ensuring the sound administration of the charter throughout the entire country.
The Constitution provides a stable and balanced legal framework for democratic governance and the protection of all of our fundamental rights and freedoms. Parliament and the provincial legislatures are sovereign in their respective areas of jurisdiction, as conferred on them by the Constitution and insofar as they do not contravene other provisions. Since 1982, the charter has formed an integral part of the Constitution and it guarantees the rights and freedoms set out therein, subject, of course, to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
It is true that, in the compromise reached with the provinces to finalize the patriation of the constitution in November 1981, the notwithstanding clause was added. It allows Parliament or a provincial legislature to enact, on an exceptional basis, legislation that applies notwithstanding certain rights. It was said that section 33, the notwithstanding clause, would preserve a modicum of parliamentary sovereignty in exceptional circumstances. However, the balance inherent in the constitutional framework would be disrupted if the exception were to become the rule, so that instead of upholding the central idea of the charter, which is a sort of solemn Magna Carta intended to constitutionally protect and guarantee the fundamental rights and freedoms of Canadians, the provincial legislatures systematically invoked the notwithstanding clause as a means of completely circumventing the charter and denying the courts any possibility of speaking to the matter. This would not respect the underlying structure of our Constitution and the primary objective of having a Canadian Charter of Rights and Freedoms enshrined in our Constitution. The notwithstanding clause, found at the end of the charter, would reduce the rights and freedoms guaranteed by the charter to nothing, to a mere legal fiction.
The growing temptation to use the notwithstanding clause in an attempt to prevent judicial review of the legislative action in light of the charter's guarantees threatens our fundamental rights and values, and it threatens the balance between parliamentary sovereignty and other constitutional principles, such as the separation of the executive, legislative and judicial branches. The fundamental principle of the separation of powers gives us a strong and independent judicial branch and underscores the legitimate role of the courts in the interpretation and application of the provisions of the Constitution, including the charter.
The House has a long tradition of abiding by the inherent constitutional convention of sub judice by refraining from debating legal matters that are before the courts. As the Supreme Court noted in Canada v. Vaid in 2005, “[i]t is a wise principle that the courts and Parliament strive to respect each other's role in the conduct of public affairs.” Parliament refrains from commenting on matters before the courts under the sub judice rule, and the courts refrain from interfering with the workings of Parliament or a provincial legislature.
In the case of the appeal launched by the English Montreal School Board and other parties, the factum of the Attorney General of Canada in his role as an intervener does not challenge the validity of the Act respecting the laicity of the State. In light of the increasing use of the notwithstanding clause, meaning section 33 of the Charter, the Attorney General invites the Supreme Court to clarify the constitutional limits of this power. This is very important for the rights and freedoms of all Quebeckers and all Canadians.
At its core, this argument is based on the principle that the Canadian Constitution strikes a delicate balance between legislative authority and our fundamental rights. Although Parliament and the provincial legislatures have broad discretionary power to pass legislation in their respective areas of jurisdiction, parliamentary sovereignty has always been subject to the Constitution, including since 1982 when the charter was enacted. This appeal provides an opportunity to reaffirm the balance that is at the heart of our democracy.
The Supreme Court of Canada is the general court of appeal for Canada, and as the highest judicial institution in the land, it will be well served by the Attorney General of Canada's intervention as it reviews the charter guarantees and the use of the notwithstanding clause. Canadians and Quebeckers expect nothing less.
:
Madam Speaker, there is clearly a connection.
This Liberal made a lot of promises to Canadians. Now he is trying to further divide Canadians to avoid being held to account. The factum that was submitted to the Supreme Court is yet another attempt to divide Canadians, to pit them against each other so they forget about all the crises and the many promises this Prime Minister made to Canadians to get elected. Now he finds himself in the position of not having an answer.
That is the reality. That is the food crisis facing Canadians and Quebeckers.
This elderly woman, the one I was talking about before my Bloc Québécois colleague interrupted, has to make very hard choices. She is going without food. She says she cannot remember the last time she had steak. That is the reality, despite this Liberal 's promises to do things differently and end 10 years of chaos. He was supposed to restore order and lower the cost of living to an acceptable level. That, however, is not what happened.
There is no shortage of similar examples. Four million more people are using food banks in Toronto alone. It is mind-boggling. Rising inflation is forcing people to make hard choices. Families can no longer afford to fill their children's lunch boxes with the food they deserve. That is the reality. That is what Canadians want to hear about.
What solutions is this government bringing forward to end the Liberal cost of living crisis?
There is also another crisis, the debt crisis. Would members believe that this Liberal is spending more and spending faster than his predecessor, Justin Trudeau? It is true. He is spending more and spending faster than his predecessor, Justin Trudeau. We did not think it was possible. I think that if anyone had been asked before the election whether they honestly thought that a prime minister could spend more and spend faster than Justin Trudeau, they would not have believed it. However, that is what has happened. We are in a situation where the government desperately wants to sweep all this under the rug without tabling a budget. Imagine someone is getting ready to renovate a house. They tell the contractor they want a castle, but when the contractor asks if they can afford it, they say they will take care of that later. What will happen? Before the castle is even half built, the bailiffs will show up. They will seize everything, and the person will lose everything.
That is where we are headed. That is the kind of crisis the Liberal Prime Minister is creating by refusing to present Canadians with a budget. He promised us a budget in early fall because we were expecting one. Then it was changed to October. Finally, we found out it will be November 4, which is rather late because the year is already well under way. If we follow the usual schedule, it will be less than six months before another budget is presented.
:
Madam Speaker, I would like to thank my colleague for sharing his time with me today.
This is another engineered distraction on the part of the . He is trying to distract from his terrible record. Even though he has been in the role of Prime Minister for only a short time, he has an abysmal record and is desperately trying to change the channel for that. Let me just explain how I know this. It is an engineered distraction, because the Prime Minister has never expressed opposition to Bill 21 in Quebec.
We can look at the official submission. I have here a copy of the factum of the intervenor, the Attorney General of Canada. For anyone in the gallery or at home watching the debate, or any of the press, and trying to decide how to frame the conversation, let me read the opening line. This is the Attorney General of Canada's officially putting before the courts the position of the Government of Canada, the Liberal government, on Bill 21.
It is part I, section A, paragraph 1, line 1. I just want to stress that, because it is the opening statement, the thing that the government leads with in its court submission: “In accordance with his role as intervener, the Attorney General of Canada takes no position, on any basis whatsoever, on the constitutional validity of the provisions of the Act respecting the laicity of the State.” It takes no position on any basis whatsoever. That is the government's position.
One might be left wondering what the purpose of the engineered distraction is. It is to distract from the terrible cost of living crisis that the Liberal government started creating 10 years ago, with tax hikes on hard-working Canadians and small business owners, the massive layering of regulations on the productive parts of the Canadian economy, the barriers to investment, the barriers to getting things built and the ban on shipping Canadian energy to other countries, while foreign oil and foreign resources come into our country.
Let me just go through a few of these crises so members can properly understand why the government is so desperate to have this debate instead of a conversation about the hardships that Canadians are facing. The famously said that he would be judged on the prices at the grocery store. That is what he said during the election campaign. What has happened to prices at the grocery store? Food inflation continues to rise; it is now 70% above target. Food prices are 40% higher since the Liberal government took office.
The is making the Trudeau debt crisis even worse. Remember, Justin Trudeau racked up more debt in the short time he was in office than all the other prime ministers combined. Consider World War I, World War II and the Great Depression; Canada faced all those crises, but it took Justin Trudeau to massively rack up the debt.
Since the took office, federal spending is up 8.4%. Do people remember what he promised during the election campaign? He put in writing, in black and white, when he was going to voters for their vote, a written guarantee to them that he would cap the deficit at $63 billion. Spending has gone up by 8.4%.
The had the King of the United Kingdom come all the way from London. The King graciously accommodated that request and came to the Senate and read the throne speech. In that throne speech, there was a commitment to cap spending at 2%. Just 48 hours later, the government tabled its spending estimates and blew past that. What was the point of inviting His Majesty all the way across the ocean to come read the speech if it was not even worth the paper it was printed on? Let that go down in history as the shortest-lived Liberal promise ever: 48 hours, a new world record.
I am embarrassed on behalf of the government. I know the Liberals are not embarrassed, because one has to have shame to be embarrassed, but I am embarrassed for them that they had His Majesty come over and participate in that kind of bait and switch for Canadians.
Let us talk about the take-home pay crisis. The first people who suffer when inflation rears its ugly head are people who live paycheque to paycheque, people who have shift work, people who have to have second jobs to make ends meet. This is because when the government creates an inflation crisis, there are some winners and there are a whole lot of losers.
The winners are the people who get the new money first: the asset managers, the hedge fund operators and the big banks. They get the new money before anybody else does, so they can buy up assets before prices go up. However, the hard-working person in a hotel, the plumber, the mechanic and the people whose wages do not keep up with inflation have to start paying all the increased prices before they are able to secure any kind of pay increase. Their paycheques have to go further. They work harder and are able to buy less.
Since the took office, there are now 86,000 fewer Canadians who even earn a paycheque. That is because 86,000 people have lost their jobs just since the Prime Minister took office. He promised the fastest-growing economy in the G7; Canada has the fastest-shrinking economy in the G7. Unemployment in the GTA is now 9%, with 365,000 people out of work. The youth employment rate is 53.6%. This is the lowest it has been in almost three decades. This means that just about half of young people in the workforce who are looking for work do not have jobs. The youth employment rate is the lowest in almost three decades. Canadian household debt is the highest in the G7. Bankruptcies are rising at the fastest pace since 2008.
It is not just the cost of living crisis that is causing so much hardship in Canada and that the government is trying to distract from; we have a crime crisis as well. We have a Liberal government that decided to instruct judges to give bail to some of the country's worst, most violent and repeat offenders. What does that mean? It means that now, when someone is being arrested for the 14th, 15th or 20th time, when they get booked by the police, they get back out on the street, often the very same day.
I have heard from police associations that say they will arrest somebody at about 5 o'clock or 6 o'clock in the evening whom they had already arrested that morning. Those dangerous and repeat offenders have been let out by the federal government, and Canadians are sick and tired of it. However, rather than take real action like adopting the Conservative “three strikes and you're out” policy, and rather than apologize to Canadians for all the lives that have been shattered by the criminals the government set free, the Liberals are blocking and obstructing legitimate attempts to fix the bail system and to bring in tougher penalties for dangerous and repeat offenders.
This is what the Liberals are doing. They have engineered a distraction from their terrible record: their terrible record on cost of living, their terrible broken promises on fiscal responsibility and their terrible record on public safety, letting crime and chaos reign in our streets by putting the rights of dangerous offenders ahead of the rights of law-abiding Canadians.
It is shameful, but the is employing the same tactic as his predecessor, Justin Trudeau: dividing to distract, distracting from his terrible record, and he is proving to be just another Liberal.
:
Madam Speaker, I would like to begin by asking “what is up with them?”, or, to put it more informally, “have they lost the plot?”
The factums submitted by the government's lawyers include statements that would shock even the most radical people across the border. I will elaborate on that later.
In more polite terms, the government has made a fool of itself, but in doing so, it has highlighted the profound cultural, traditional and historical differences between Canada and Quebec. It has highlighted a difference in perspectives, or a difference in models, between Canada's model of multiculturalism and Quebec's model of “interculturalism”. The first is a conqueror's model that seeks to erase not all differences, since there are some that are useful in many other provinces, relative to Quebec, but only those differences that point to ways in which the conquered people did not want to assimilate and be absorbed by the conqueror. However, the action taken aligns with the reading of a constitution that reflects the intent of the legislator, the government at the time, which was the government of Trudeau senior.
There is something a bit insulting about saying that they did not understand their own Constitution, or that they were dishonest or incompetent. In many ways, that statement would apply more to the current government when it comes to these matters.
The Constitution reflects the intent of those who signed it. We cannot rehash, assume, concoct, fabricate, or otherwise make wild assumptions about the legislative intent. Nor can we ask a judge to do so. The intention was written; it was signed; and it was imposed on Quebec, which has never, under any government, endorsed that Constitution.
Let us review a little history, beginning in 1760.
For some 200 years, the French in New France were essentially cut off from the French in France. During the 20th century, the intellectual elites and the artists, when they came on the scene, shared a dream that would persist until very recently, the dream of reconnecting with France. However, in the 1950s, French Canadians were people who worked for English bosses and were controlled by them because they had very little control over their own economy. They were also controlled by a long-standing tacit agreement between the Church and the English authorities who had told the Church it could retain its authority if it kept the people in line.
Then came the Quiet Revolution. During the Quiet Revolution, French Canadians, who would later become Quebeckers, took charge of their own destiny using the means at their disposal. Obviously, we must mention the first major step toward taking ownership of our economic tools, namely the nationalization of hydroelectricity by René Lévesque during Jean Lesage's government.
Numerous institutions followed, including Bill 101—which I would classify as an institution—the Charter of the French Language, as well as some exemplary, extraordinary institutions that are absolutely fundamental to the history of Quebec, such as the education system, with the comprehensive high schools and CEGEPs that were founded and the network of universities that was built from the ground up. Today, that network not only makes Quebeckers proud, but also gives them access to an education system whose quality and graduation rates are on par with the rest of the western hemisphere, whereas Quebec used to be at the very back of the pack.
These are revolutions in terms of the role of the state, both economically and in all respects.
The late Guy Rocher played an instrumental role in many of these developments. It is important to point that out. He played a huge role in drafting the Charter of the French Language, in creating our network of schools and universities and in establishing the basic concepts that gave rise to a Quebec-specific vision of state secularism. With that, we became Quebeckers.
Try as they might to make us into federalists, we are proud Quebeckers through and through.
The Canadian government has used the same strategy for a long time, and it will not change. Its strategy involves exploiting Quebec society's incomparably generous and welcoming attitude toward newcomers, both in number and in deeds, in order to turn Quebec society into an increasingly weakened minority within the Canadian majority. Its strategy also involves using the fiscal imbalance to place Quebec and all the provinces under economic subjugation in order to centralize power, and the despicable Bill is just one example of that. If there were no fiscal imbalance, there would be no Bill C‑5. Ottawa's centralizing vision is as simple as that.
However, secularism is an essential legacy of our emancipation. Canada brings its multiculturalism to bear through the charter and the courts, and it has given itself tools to do so, the main one being a reference to the Supreme Court. The government is funding those who wish to challenge Quebec values all the way to the Supreme Court.
This is a toxic subject in Quebec. It is dangerous for multiculturalists. There is an enormous amount of support for the separation of church and state, which is what we are talking about here. Most parties agree on that. Things get more complicated when we add unsuccessful immigration to the mix of Canadian multiculturalism. This is a recent connotation that did not exist when this value first emerged. Today, it has become ideological for the Liberals and a way to get votes.
Basically, for the Liberals and for neo-liberalism in general, immigration is about welcoming people who are both producers and consumers. These people are simply seen as economic variables. The Liberals are not worried about how they contribute to what could be a collective identity. They are not looking for people to participate in a common culture, which is obviously always changing, as was the case for the culture in Quebec, which welcomed Irish people, Scottish people and all the other waves of immigrants. There is no common language base in Canadian multiculturalism because it goes without saying that English has a rather strong draw.
There is no value associated with or required for the claim of equality, because, of course, Canada claims to defend equality for everyone. In defending equality for everyone, it tolerates and perhaps even promotes behaviours and values that literally deny gender equality. Furthermore, the strategy involves persuading newcomers that Quebeckers are xenophobic enemies who engage in hostile identity-based racism. That is rather offensive.
Clearly, nothing could be further from the truth. However, no one wants to attack Quebeckers directly over their values and their language, because support for sovereignty is growing and the next Quebec government will likely be a sovereignist government.
Now I am getting to the challenge. There is talk about putting limits on the use of the notwithstanding clause. There is talk about the “before”, meaning pre-emptive use. In reality, pre-emptive use does not exist in the Constitution. No doubt some legal expert on the other side came up with a brilliant idea one day. His friends patted him on the back and said that surely he did not have the guts to say it. Well, he did have the guts to say it, and pre-emptive use is now part of the narrative. Section 33 is clear. It says what it needs to say and is consistent with the intent.
What about the “after”? Again, it is written very clearly. The clause is in effect for a five-year period, which is renewable, with no limit on the number of times it can be renewed. There is no moral judgment or motive imputed to this. It preserves the sovereignty of Quebec's National Assembly and the provincial legislatures. I would remind members that a parliament is always sovereign in its decisions and prerogatives.
There is more. If the government wins at the Supreme Court and succeeds in limiting the use of the notwithstanding clause and blocking the Quebec value of state secularism, it will also win the challenge to Bill 96 on the language issue and once again limit the use of the notwithstanding clause for that and for everything else. It could be used against attempts to regulate trade unions in other provinces and anything else that might arise. The notwithstanding clause has been invoked or renewed well over 100 times in Quebec. It is the most powerful tool for centralization since 1982. Combined with the law resulting from Bill , it is truly frightening.
However, it could have the opposite effect of what the government wants, particularly because, as I said, the Liberals seem to have lost the plot. They believe that the notwithstanding clause could theoretically let a Quebec government allow full-blown summary executions, use forced labour, or abolish freedom of the press and freedom of assembly. What kind of madness is this, particularly when we are talking about the most progressive society on the continent?
There is something idiotic about that. If I understand correctly, let us imagine that I am the Quebec government and that I pass a law that allows someone to be summarily executed, that allows forced labour and slavery or that abolishes freedom of the press. Their argument is that there is nothing to say that I am not allowed to do that. It says that I can do that for five years until someone challenges it. The federal government's reasoning is that a province could authorize summary executions for five years. I do not know who came up with that, but people seriously need to rush back to school. They would have to go back to school, because when it comes to nonsense, this takes the cake. Who is the genius who thinks that Quebec would swallow that? By the way, I would point out that Robert Bourassa and Jean Charest used the notwithstanding clause. I searched, but I could not find a Parti Québécois membership card on them. Every Quebec government since then has, in most cases, renewed the notwithstanding clause.
This federal government is using tactics very similar to those it criticizes the American right for: populism, the lowest common denominator, withholding information from the public, and social media-style spin that contains anything but information in most cases. In contrast to that, I would refer people to the report by Richard Rousseau, a brilliant synthesis that not nearly enough people know about or have read, unfortunately. Rousseau's report tracks the development of secularism as a value as Quebec evolved throughout the Quiet Revolution. Guy Rocher's influence shines through clearly. It is a thoughtful, smart analysis that respects the reader's intelligence.
As I said, Pierre Trudeau's intention is reflected in the Constitution. Any other interpretation, including that of his son or that of the government, is adding insult to injury. Only two prime ministers have ever suspended basic freedoms: Pierre Elliott Trudeau in 1970 and Justin Trudeau in 2021.
The law resulting from Bill also allows for the suspension of any federal law that the minister decides to suspend, yet ridiculous accusations are made against us. The government of judges and of populism will not be the government of Quebec. We are the ones who are the most hostile to populism, demagoguery and extremism of all kinds.
Quebeckers are so tolerant that sometimes we step back and wonder whether we are too tolerant, before realizing that it is a good thing. That is what makes the incredible nation of Quebec so strong, so vibrant and so admirable.
Therefore, I am telling the government to have the courage to debate the issues of models, secularism, language and immigration. So far, this government has no more courage than the previous one. Last week, the told me that one of the government's responsibilities is to defend the Canadian Charter of Rights and Freedoms. It is not the court's responsibility; it is the government's. The other side needs to grow a backbone, strengthen it a bit, sit down at a table and say that they want to have a conversation about the Constitution. I would like to be invited. I will clear my calendar. The government should do that rather than hiding behind judges.
I want to thank the government for showing us how it works and thinks. I would remind everyone that everything will work better once we are good neighbours who share certain affinities and challenges, but who are distinctly defined by differences that each of us chooses. At the end of the day, it comes down to the issue of individual rights versus collective rights. Imposing the supremacy of individual rights to an unreasonable degree is a divide-and-conquer approach. It fragments society. It turns society into a collection of individuals with total disregard for what they have in common, what they want to build in common and what dreams they have in common.
It is all the more surprising that the people taking the divide-and-conquer approach are wealthy and make up 80% of the population. It is unquestionably the philosophy of the weak.
I therefore call for a nation-to-nation dialogue between equals who will one day be bound together by treaties. Long live a free Quebec.
:
Mr. Speaker, I am very pleased to rise in the House to take part in this debate. Let me begin by saying that I will be sharing my time with my hon. colleague from .
In this debate, it is very important to remember how we got here. We are here to discuss a motion presented by my hon. colleagues from the Bloc Québécois. There are three parts to this motion, the first of which “calls on the government to fully withdraw from the legal challenge of Quebec’s Act respecting the laicity of the State before the Supreme Court”. After reading the document submitted to the Supreme Court by the Attorney General of Canada, I can say that the government is not challenging the validity of Bill 21.
Second, the Bloc Québécois “calls on the government to withdraw its factum filed on September 17, 2025, with the Supreme Court contesting Quebec’s right to invoke the notwithstanding clause”. Once again, we see in the factum that was filed that the government is not even challenging the right of a province to invoke the notwithstanding clause.
Third, the Bloc Québécois asks the House to “denounce the government’s willingness to use the Supreme Court to take constitutional powers away from Quebec and the provinces”. On this third point, the answer is no. However, some nuances are worth noting.
The federal government is actually taking the opposite approach: It is not seeking to prevent the provinces from using the notwithstanding clause. This clause is still useful, particularly when a bill passed by the Quebec National Assembly, another provincial legislature or even this Parliament conflicts with certain fundamental rights.
The genius of this is that it leaves open the possibility of using the notwithstanding clause in certain circumstances where it is necessary. Some people dispute this idea, while others believe that the notwithstanding clause should not even exist. I personally consider it a useful safety mechanism. When a Supreme Court ruling finds that a law violates fundamental rights, this provision allows legislators to find a solution. They can either amend their law to comply with the decision or seek a temporary compromise that allows them to pursue their objective without it becoming a permanent solution.
Now we are getting to the heart of the factum filed with the Supreme Court. This is a situation that affects several provinces. It does not only affect my beautiful province of Quebec, which I care deeply about. Quebec is my home, my homeland, the place where I chose to raise my family, my children and my grandchildren. As members may guess from my accent, my first language is English. However, I chose to integrate into Quebec society, particularly by learning to speak French fluently. I am a proud francophile, and I would like to emphasize that because Quebec is a place I care deeply about.
When basic rights conflict with a bill, we the people have the right to challenge it in court. That applies whether we are Quebeckers or Canadians, should it happen in another province, as it did in Saskatchewan or Ontario, where bills that included the pre-emptive use of the notwithstanding clause were introduced.
I think it is perfectly normal for people to do that. Some Quebeckers will disagree with certain bills. That is their right. The government decided to shield itself from that challenge and to use the notwithstanding clause. I applaud that; I get it. However, if governments do this a lot, that raises a very legitimate question: What is the point of the Canadian Charter of Rights and Freedoms? What is the point if rights guaranteed in the charter can be nullified? What is happening here is that continual use of section 33 every five years will eventually result in no rights at all. That is why I think Quebeckers and Canadians feel it is perfectly legitimate and reasonable to re-examine this issue, and that is the essence of the factum that was submitted.
I hope that the Supreme Court justices will take note and give Canadians and the government a road map on how to limit the use of this clause. I think that the rights that have been conferred on all Canadians by the Canadian Charter of Rights and Freedoms are very important, fundamental rights. These rights ensure that we can live in a constitutional democracy, where decisions can be made and the majority can bring in legislation and, to a certain extent, protect minorities from laws that are harmful to their interests. I think that is the most important thing and that is why I completely understand why the Attorney General of Canada proposed this path.
In sum, I think that the response to two of the three parts of the motion moved by the Bloc québécois is that they clearly do not apply. For the third, we want to prevent back-door constitutional changes through the continual use of the notwithstanding clause. I think that is very important in a democracy. It is often said that we use this word somewhat reluctantly, but we have to look for compromises. That is important. That is what we do every day here in the House of Commons. We try to find compromises in order to bring in legislation that makes sense and that protects everyone.
:
Mr. Speaker, I thank my Bloc Québécois colleagues who moved this opposition day motion.
I am pleased to speak in the House of Commons as a Quebecker because it is very important to show that Quebeckers have a wide range of opinions on Bill 21 and the pre-emptive use of the notwithstanding clause. The Bloc Québécois does not have a monopoly on speaking in the House of Commons on behalf of all Quebeckers. The vast majority of Quebec members in this place are federalist members and sit on this side of the House. I wanted to mention that at the outset.
Also, the issue we are debating concerns the federal government's factum before the Supreme Court. This is not a debate on Bill 21. What we are talking about is a provision of Bill 21. This is the first time in 35 years that the notwithstanding clause and the means to use it are being challenged before the Supreme Court of Canada. The Attorney General of Canada must therefore be present in Canada's highest court, the Supreme Court of Canada, to protect the Constitution and the Canadian Charter of Rights and Freedoms.
We adopted a charter of rights and freedoms because, as a country, we believed it was important to protect the rights of minorities, even if the majority in the country or in a province does not agree with protecting the rights of minorities. It is important to point out that the notwithstanding clause can be used by the Parliament of Canada or by the provinces, so this is an important debate for us as federal legislators. We chose to have a charter because we felt that certain rights were so important that they needed to be protected, even if the majority did not agree with protecting these minority rights. I also want to highlight section 1 of the Charter. It is not like the Bill of Rights in the United States. We have a limit. It says that legislators can pass laws that infringe on a right if they do so in a reasonable manner in a free and democratic society.
When section 33 is invoked, one inherently acknowledges that it is unreasonable in a free and democratic society to limit rights in this manner. The federal document presents three very important arguments.
The first is necessary because the Quebec Court of Appeal took a position contrary to that taken by the Saskatchewan courts and the Superior Court of Quebec on the issue of a declaration. The main role of the Attorney General of Canada is to ensure that there is no conflict of laws across Canada, that decisions by Canadian courts are not in conflict. That is why this provision is before the Supreme Court of Canada.
The Supreme Court of Canada has to tell us what the law is. Does it correspond to what the courts in Saskatchewan and the Superior Court of Quebec have said, that even if section 33 is invoked, there can be a declaratory judgment, or does it correspond with what was handed down by the Quebec Court of Appeal, which said that a court cannot examine the question of whether a right is being violated in a manner that is unreasonable under section 1 because the notwithstanding clause has been invoked?
The Attorney General of Canada comes into it because, in his role, he has to make arguments about whether we take the position of the Saskatchewan courts or the position of the Quebec Court of Appeal. That is as it should be.
I find it astonishing that the Bloc Québécois is telling us that the Government of Canada should not appear before the Supreme Court of Canada, but that it is not saying anything about the other provinces that have intervened in the case. Is the Bloc of the opinion that it is okay for all of the provinces to intervene on this issue, but not the Government of Canada?
The Government of Canada's role is to protect the rights of everyone, including Quebeckers and all minorities in the country. We cannot say that the Government of Canada should be there when we like its position and that it should not be there when we do not like its position.
I would like to talk about the three arguments that the Government of Canada submitted before the Supreme Court.
[English]
The first argument the government is making is that even if we use the notwithstanding clause, a court has the ability to declare that the law violates the charter, section 2 or sections 7 to 15, in a way that is unreasonable in a free and democratic society. Those are the only charter sections that we can use the notwithstanding clause on. It is important for the residents of that province to know what their government has done.
[Translation]
When a government uses the notwithstanding clause pre-emptively claiming that no rights are really being violated, it is not giving the public all of the information. If officials run for re-election, it is important that the public have the opportunity to say whether a government has unreasonably violated the charter. That is one argument before the court.
[English]
Another argument that the federal government is making is that we do not have the right to use the notwithstanding clause to violate a right other than those in section 2 or sections 7 to 15. For example, if we violate freedom of expression under section 2, but we also violate democratic rights under section 3 of the charter democratic rights, we do not have the right to use the notwithstanding clause to violate a right that is other than section 2 or section 7 to 15.
[Translation]
From time to time, a law is challenged under several sections of the charter rather than just one. Obviously, if one wants to invoke the notwithstanding clause, one cannot refer to a section that is not subject to the notwithstanding clause. This is an important argument to ensure that other rights are not affected because someone made a declaration that an act would operate notwithstanding a provision included in section 2 or sections 7 to 15 of the charter.
[English]
The third argument is the most important argument the federal government is making in this case. It is that a right cannot be turned off in a way that we cannot turn it back on just as brightly. Just as how, if we turn off a light bulb, it comes back on and shines just as brightly, we cannot take a right under the charter and utterly obliterate it so that when we say we are no longer using the notwithstanding clause, the people affected no longer have the ability to do what they were doing before. That could happen either because of constant successive uses of the notwithstanding clause or because the right is obliterated in a way that is so unreasonable, it will ultimately deprive people of the permanent ability to exercise that right.
When arguments are used before the court to illustrate what those might be, nobody is talking about the Quebec government doing them. They are talking about any government, including the federal government, that could do those things. We are simply saying that there are grounds more than procedural ones for nullifying an exercise of section 33.
[Translation]
Lastly, with respect to the argument that we should not talk about this and that the Government of Canada should not file a factum with the Supreme Court because there are other issues in the country, I would simply like to say that there are obviously other issues in the country.
[English]
The people from the Department of Justice who worked on this factum were not doing things that they should not have been doing with this factum. Nobody is talking about the people in housing or economics doing this factum, so the arguments the Conservatives are using today are beyond belief.
:
Mr. Speaker, I would like to begin by saying that I will be sharing my time with the hon. member for Gaspésie—Les Îles-de-la-Madeleine—Listuguj.
I would like to take us in a different direction with today's debate. I thought that it might be beneficial for a number of colleagues here, who regularly hear Quebec's grievances but are not familiar with our history, to learn a little more about our journey, which is so culturally different from Canada's. Together, then, let us go over the history of Quebec values, from their emergence to their affirmation, as well as the resistance they sparked.
From the Parent commission to Bill 21, including Bill 101 and its iterations over time, the most recent being Bill 96, Quebec embarked on a massive emancipation process in the early 1960s, a major undertaking that hit many an obstacle, as one might expect with such transformative societal reforms. Along the way, Quebec has constantly come up against opposition from Canada, whose multiculturalism model is simply incompatible with Quebec's legitimate aspirations.
This was the early 1960s. The Quebec of that era was a more traditional, mostly rural society, still dominated by the Catholic Church. Education was faith-based and inequitable, since it too was still dominated by the church, and it was not very accessible to ordinary people. It was in this context that Jean Lesage's government set up the Parent commission, which was tasked with reforming the education system. I would note in passing that seated at the table was sociologist Guy Rocher, who recently passed away and whose thoughts led to an almost unexpected consensus at the time regarding the importance of removing religion from education and health care.
The Parent commission marks the beginning of what is referred to as the Quiet Revolution, with bold reforms such as the creation of a ministry of education, CEGEPs, high schools and, especially and primarily, access to higher education for all. What we want is to bring Quebec out of obscurantism and allow our younger generations to aspire to the same heights as English speakers and the wealthiest members of society, who historically were favoured by the system at the time. In short, we want to give everyone an equal chance, whereas at that time in Quebec, as we know, everyone said that we were born to be nobodies.
Beyond the reforms, a true revolution in values took place. For the first time, Quebec was affirming fairly new principles, such as secularism, equal opportunity and the primacy of knowledge. To support these principles, the government took over all public spheres from the church. The future of Quebec society would be built on our cherished values that define us. The Quiet Revolution never really ended, but some might say that it culminated in the 1970s, when a fervent nationalist movement swept Quebec. Quebeckers became more confident. They stood up for themselves and went as far as electing a pro-independence government for the first time in their history.
On November 15, 1976, René Lévesque became Premier of Quebec along with 71 MNAs. In 1977, the Lévesque government passed Bill 101, the Charter of the French Language. Once again, Guy Rocher shared his wisdom and helped Camille Laurin draft legislation making French the official language of Quebec, at a time when anglicization was already threatening the cultural survival of francophones across the continent. Bill 101 became the cornerstone of Quebec identity. It affirms that French is not just a language, but also a vehicle to promote culture, solidarity and social cohesion.
One might have expected our neighbours to support and applaud such a wonderful emancipation of Quebec society, but no. On the contrary, this affirmation of identity was met with resistance from Canada. It did not take long for the Supreme Court to strike down provisions of the act, particularly those concerning unilingual French signage in Quebec. The federal government, which cares only about its “bilingual” and multicultural model, sees Bill 101 as infringing on the rights of anglophones.
This is evidence of the profound divide between our two visions of co-habitation. Quebec defends a common language to promote integration. Canada, on the other hand, promotes the coexistence of languages and cultures, in a disjointed melting pot. Let us just say that it is a brutal shock.
My colleagues have covered the subject at length and in depth, so I will gloss over a few episodes of our history, including the sad part in which the Constitution was repatriated; Jean Chrétien's great betrayal of René Lévesque; the arrogance of Pierre Elliott Trudeau, who never quite managed to crush Quebeckers beneath his haughty heel; the ensuing constitutional crises that led to the stolen referendum of 1995; and, lastly, the Quebec National Assembly's passage of the storied Bill 21, the Act respecting the laicity of the State, in 2019.
Bill 21 is part of this tradition of secularization that began during the Quiet Revolution. Bill 21 simply aims to guarantee the neutrality of the state and ensure a public space, free of visible religious symbols, in accordance with the model of society chosen by Quebeckers.
However, yet again, Canada is opposed to this. The federal government criticizes the law and calls it discriminatory. Rights groups are challenging the law in court. Quebec expected that. The notwithstanding clause was not invoked without good reason.
What this shows is nothing less than an ideological divide. Quebec advocates active secularism, where the state imposes rules in the public space. Canada, on the other hand, favours permissive secularism, where religious freedom takes precedence over neutrality.
Over the decades, Canada and Quebec have developed increasingly divergent models of society. The Quebec model is based on the French language as the social glue. It is defined by the secularism of its state institutions. It promotes interculturalism, or integration around the common values of Quebec society, French, gender equality, secularism, and so on, and aspires to political and cultural autonomy.
The Canadian model claims to be bilingual, despite the fact that it is egregiously dominated by English. It is based on multiculturalism and centralization, and prioritizes individual rights over collective values.
These differences are not just theoretical; they also have a material impact on immigration, education, justice and citizenship policies. They fuel constant tensions between Quebec and the rest of Canada. These differences reflect a fundamental lack of understanding. Canada sees Quebec as one province among many, but Quebec is a distinct society, a distinct nation with its own values, its own history and its own trajectory.
Outsiders, at least those in the rest of Canada, often perceive Quebec values as backward or exclusionary, but Quebec is simply being true to its identity and its principles. We seek not to exclude anyone, but to unite everyone in a joint undertaking. We do not reject diversity; we place it within a coherent framework.
From the Parent commission to Bill 21, Quebec undertook a quiet but profound revolution. It redefined its values, affirmed its identity and tried to build a society in its own image. All along, it encountered constant opposition from Canada, whose multiculturalism model is simply not compatible with Quebec's aspirations.
This opposition did not hinder Quebec in the least. On the contrary, it strengthened Quebec's determination to define itself. That is because, basically, the backdrop to Quebec values is the idea of being a nation that aspires to be in full control of its own destiny. To those who say that the National Assembly's laws protecting Quebec values go too far, I would refer them to the recent report by the Pelchat-Rousseau commission, which states in its 50 recommendations that, in reality, not enough is being done. The progressive values of Quebec society need more protection. It is up to Quebec to provide it. Section 33 is an essential tool for protecting Quebec legislators from federal manoeuvres aimed at stifling Quebec's momentum towards freely defining its identity.
The Quiet Revolution never really ended, but some might say that it will reach its peak sometime after the fall of 2026. At that point, Quebeckers will finally close the loop opened by giants such as Lévesque, Laurin, Parent, Parizeau, Marois and so many others, including Guy Rocher, whom I had the privilege of meeting over a meal last April. Guy Rocher shared with me that despite the obstacles, the passing years and the ebbs and flows of enthusiasm, our deep and fundamental values are never lost and never lose their purpose. They deserve our commitment and our fight as long as there are those who challenge them.
:
Mr. Speaker, for as far back as we can remember, Quebec has wanted freedom, the power to express its distinctiveness and the ability to make its own choices.
This desire for freedom and democracy was behind the Patriotes movement in the 1830s and the Quiet Revolution in the 1960s. It is this desire for freedom and democracy that motivated the significant reforms made by René Lévesque's government starting in 1976, and more recently, Bill 21, concerning secularism, and Bill 96, which strengthens the protection of our French language.
Quebec is a people, a language, a territory with its own character and a nation with its own values.
Some, including me, feel that the only way for us to be free is to have our own country, an independent francophone state in North America that would give Quebeckers full powers to govern their destiny. Quebec would be free to negotiate the treaties it signs with other countries, free to democratically determine the way it develops and free to protect its language and support its economy.
However, for others, Quebec should be able to adapt in order to grow within Canada. In their view, there would be enough room for Quebec's distinctiveness within the rest of Canada. For these people, the notwithstanding clause is precisely proof that Canada occasionally allows Quebec to assert its distinctive nature. The notwithstanding clause is part of the Constitution, which allows a province, as well as the federal government, to pass a law without having it be reviewed by a judge. It is also called the parliamentary sovereignty clause, because it allows a legislature to vote democratically on a law that will not be subsequently overturned or struck down by judges.
This clause is limited. It only allows for exceptions to certain individual rights in the Canadian Charter of Rights and Freedoms, and it is only valid for five years at a time. The Quebec government invoked the parliamentary sovereignty clause to protect the law on state secularism from any challenge. Since 1982, Quebec has used this clause on numerous occasions to protect laws passed by the Quebec National Assembly. It has used it to protect the French language and Quebec's national identity, but, more generally, Quebec has also used this clause to promote collective rights and social goals. For example, it has done so to provide benefits to the next generation of farmers, to promote the employment by the government of people from under-represented communities, to improve access to justice with the small claims court and to protect the identity of young people in youth court.
All these social advances, which Quebec wanted, were unable to be put forward because of individual rights enshrined in the Canadian Charter of Rights and Freedoms. Thus, the parliamentary sovereignty clause is a small window of freedom through which Quebec democracy can express itself. It is a way of resisting the uniformity imposed by the Canadian courts.
For René Lévesque, who suffered the night of the long knives when the patriation of the Constitution was negotiated, this clause was not enough. That is why Quebec, even though it is subject to it, never signed on to the 1982 Constitution. However, for several Canadian provinces, this was the compromise that made the Constitution acceptable.
Today, this Liberal government wants to shrink this small space of democratic freedom. It has asked the Supreme Court to limit how the parliamentary sovereignty clause can be used. Since it is not courageous enough to propose negotiating with the provinces, it is asking the judges to do its job. It argues that, without new limits, Quebec could commit dangerous abuses. This is an extremely condescending view of Quebec, and it is really nothing new.
It targets Quebecers because, if the Liberal government were truly concerned about the overriding of fundamental rights, it would start by cleaning up its own laws. It must be said that most bills of rights contain a notwithstanding clause. Quebec's has one, Alberta's has one, Saskatchewan's has one. Even the Canadian Bill of Rights contains a notwithstanding clause. It is a bill that applies to areas of federal jurisdiction. It was adopted in 1960 under the leadership of Mr. Diefenbaker, and section 2 contains a notwithstanding clause. If the federal government were so concerned about the possibility of this clause being used, it could have started by amending this law itself in the House of Commons.
However, what worries the government is not so much notwithstanding clauses in general, but rather the possibility that Quebec may express its difference. That is why the government only wants to define the parliamentary sovereignty clause that applies to Quebec.
To fully understand what is happening, let us take a step back. On November 20, 1981, during the debates surrounding the adoption of the parliamentary sovereignty clause, the Liberal Minister of Justice at the time, Jean Chrétien, addressed the House:
The purpose of an override clause is to provide the flexibility that is required to ensure that legislatures rather than judges have the final say on important matters of public policy...
It is because of the history of the use of the override clause and because of the need for a safety valve to correct absurd situations without going through the difficulty of obtaining constitutional amendments that three leading civil libertarians have welcomed its inclusion in the Charter of Rights and Freedoms.
It should be clear, in conclusion, that the compromise reached by the Prime Minister with the nine Premiers [Quebec never signed on] maintains the principle of a full, complete and effective constitutional Charter of Rights and Freedoms. It does not exclude rights which have previously been guaranteed. In fact, the charter has been improved because unforeseen situations will be able to be corrected without the need to seek constitutional amendment. For those who remain concerned about the override clause, let me remind them that it has been said that “The price of liberty is eternal vigilance”.
In this last sentence, Mr. Chrétien could have been speaking to those who are now members of the Liberal government.
Forty years later, the former prime minister still had not changed his mind. On April 19, 2017, he told the CBC that he was in favour of the notwithstanding clause because he believed that we need it and that we could not rely solely on the courts. He said that this was the reason why he was happy that we had a notwithstanding clause. In his view, judges know, when they make their rulings, that governments may object to them.
There is more. I will now quote Pierre Elliott Trudeau, who was also quite satisfied with the notwithstanding clause:
I must be honest and say that I don't fear the notwithstanding clause very much. It can be abused as anything can, but the history of the Canadian Bill of Rights Diefenbaker had adopted in 1960, it has a notwithstanding clause and it hasn't caused any great scandal. So I don't think the notwithstanding clause deters very significantly from the excellence of the Charter.
He went on to say that:
[I]t is a way that the legislatures, federal and provincial, have of ensuring that the last word is held by the elected representatives of the people rather than by the courts.
When former prime ministers Pierre Elliot Trudeau and Jean Chrétien are being quoted to defend provincial autonomy, things are not going well. That is because Ottawa's appetite for centralization is stronger than ever before these days.
We need to take stock of what is happening right now. This provision, which was not enough to convince Quebec to sign the 1982 Constitution, is now too important for Ottawa to tolerate. This space of democratic freedom for Quebec is now treated like a historic mistake that the federal government wants to correct.
The more time passes, the more the federal government wants to shackle Quebec. This shows the real state of affairs. Canada is working against Quebec's distinctiveness. It will always push further and further. It will never stop. However, Quebec is a people, a language and a territory with its own colours. It is a nation with its own values, and one day, I am certain, a majority of Quebeckers will agree that the only way to achieve true freedom is to be our own country.
:
Mr. Speaker, I will be sharing my time with the member for .
I rise today in response to a motion calling on the government to fully withdraw from legal challenges on Bill 21. The motion would have the House agree that the Government of Canada, the government of all Canadians from coast to coast to coast, should not participate in one of the most important constitutional appeals to the Supreme Court in recent memory.
This case directly concerns Quebec legislation, of course, but the legal issues that it raises and that the Attorney General of Canada has addressed are of prime interest and deal with the role and importance of the Canadian Charter of Rights and Freedoms in our modern governance system. The Supreme Court must determine what it means for the federal Parliament or a provincial Parliament to use section 33 of the charter.
Section 33 of the charter, known as the notwithstanding clause, has never been used at the federal level. Today, I would like to talk more about some of the less understood ways in which the government promotes good governance and the improvement of policies and laws under the charter. I do so to highlight well-thought-out practices that could be at risk if the use of section 33 were allowed to become more common and less taboo.
The point I want to make today is that the charter imposes a necessary discipline on government policy and law-making. This discipline would be lost if the use of section 33 became normalized. I will explain.
Let me explain. The charter is part of the Constitution and the Constitution is the supreme law of the land. That means that every law and every move the government makes must be charter-compliant. As a country founded on principles that include the rule of law, governments must be committed to ensuring that the measures they take and the laws they pass comply with the charter.
Prior to 1982, there is no doubt that governments recognized the fundamental value of a free and democratic Canada, a value that ultimately needed to be enshrined in the rights and freedoms guaranteed by the charter. After 1982, upholding these values became a constitutional imperative.
To be clear, respecting rights and freedoms does not mean never limiting them. Charter rights and freedoms are not absolute. Section 1 of the charter specifically sets out limits, which is very important, and guarantees rights and freedoms, subject to “reasonable limits” prescribed by the rule of law that can be demonstrably justified in a free and democratic society.
What are these reasonable limits that can be imposed on the rights and freedoms of Canadians? In essence, the standard boils down to a deceptively simple set of questions.
Is the government's objective sufficiently important to justify limiting a right? Is the limit a rational way to achieve that objective? In trying to achieve that objective, does the law use the option that causes the least harm to the right being limited? Finally, if the answer to each of these questions is yes, is the overall harm to the exercise or enjoyment of the right worth it when weighed against the benefits of the rights-limiting measure?
If so, then in Canada we consider such a limit to be reasonable, and, assuming that a government is well armed with supporting evidence, logic and reason, demonstrably justifiable as well.
When potential impacts on charter rights and freedoms are identified in the policy development process, governments need to carefully evaluate whether any limits on rights and freedoms are reasonable and can be demonstrably justified in Canada's free and democratic society.
As I just mentioned, this requires asking a series of questions that relate to the reasonableness of what is being considered.
Let us look at the first question: Is the government's objective in introducing legislation important enough to warrant limiting a right or freedom?
This can prevent governments from introducing trivial or merely symbolic legislation that would limit rights and freedoms.
The second question is whether the proposed means of achieving the government's objective is rational or, in other words, whether it is the right tool for the job. This prevents relying, for example, on “common sense” that may be unfounded or simply uninformed. Saying that public safety will be enhanced by doing a particular thing does not make it so, especially if the weight of evidence shows that such is not the case. If we are honest with ourselves, evidence-based solutions to certain problems are counterintuitive, and governing with respect for charter rights and freedoms helps us to recognize this and propose better and more effective approaches.
The third question is whether there is another effective means of achieving the important objectives, while lessening the harm to rights or freedoms. Meeting this standard requires assessing the various options available to advance an objective and choosing the most reasonable one that does the least amount of harm to Canada's fundamental values and to the Canadians whose rights and freedoms will be restricted.
The final question is whether the benefits of the legislation proposed to achieve an important objective outweigh the harms to the exercise or enjoyment of the right or freedom. That is the ultimate cost-benefit analysis, and it must be objective. This aspect of the section 1 standard prevents enacting legislation that has marginal benefits and real impacts on the rights and freedoms of Canadians. It does not tolerate legislation that disregards the rights and freedoms of individuals who may be unpopular, such as people charged with or punished for a crime, or laws that disregard the negative impacts on members of a minority group who have limited political power and little or fleeting public sympathy.
I think we can all agree that the questions the charter requires us to ask when considering new legislation are good, appropriate questions. We must ask these questions and evaluate their answers throughout the policy development process, from the initial departmental discussion about ways to solve a problem, to cabinet consideration of the options, to the drafting of a bill and, ultimately, to the most important stage, debate and passage of a bill by Parliament. Feeble answers to any of the questions should sound the alarm and lead to more in-depth study and consideration of alternatives.
When we get good answers to the questions that the charter forces us all to ask ourselves, we can adopt more thoughtful policies and better laws for Canadians. If we do not get good answers, and if the arguments and evidence in support of poorly crafted legislation are weak, the government should be held accountable for its choices.
This is what should worry us if section 33 becomes commonplace in Canada. Instead of thoughtful, reasoned, logical, evidence-based laws that limit rights and freedoms and are subject to robust checks and balances in the form of judicial oversight in the courts, section 33 eliminates this disciplined approach to law-making. The use of section 33 may amount to a crude assertion of power over the rights and freedoms of individuals in Canada that stands in direct opposition to the way federal governance has functioned for over 40 years.
Although Canada is one of the best countries in the world to live in, we are far from perfect. We have made serious mistakes in the past. Prejudice and blind spots are an inherent part of being human, and they also exist in the institutions we create and operate. Here are a few examples of what we have done in the past: We imposed a head tax on Chinese immigrants, forced generations of indigenous children into residential schools and, in 1939, turned away Jewish refugees fleeing Germany aboard the MS Saint Louis. There may be some people who still believe that all of those decisions were right, but in general, as a nation, we have come to regret them and apologize for them. The discipline that the charter imposes on the government during the decision-making and legislative process helps prevent such tragedies from happening again in Canada.
:
Mr. Speaker, I am pleased to rise today to speak to the motion moved by the member for , who is my riding neighbour.
To begin with, I want to remind the House that the question raised by this motion is not insignificant. It touches on one of the pillars of our democracy, the Canadian Charter of Rights and Freedoms, which applies to all Canadians. It also raises fundamental concerns related to the interpretation and use of the notwithstanding clause, an exceptional provision of our Constitution.
Our presence before the Supreme Court is not intended to reopen old debates. It is not in any way intended to pit Canada against the provinces or to cast doubt on their legislative authority. Our participation in this appeal is intended to fulfill an important constitutional duty of the federal government: to uphold the rule of law, ensure the integrity of our Constitution, and protect the rights and freedoms we all share as citizens of this country.
There is nothing unusual or unexpected about Canada's participation in the appeal filed by the English Montreal School Board. By supporting the Supreme Court in this case, the government is simply doing what it has always done and will always do, which is to defend all Canadians, as is our responsibility and privilege.
Before going into detail on the case at hand, I would like to review the institutional framework surrounding the federal government's intervention before the Supreme Court. When the court is seized with constitutional and charter issues, the rules require that notice be given to the Attorney General of Canada and provincial attorneys general. In these circumstances, the federal and provincial attorneys general have the power and every right to intervene.
The Attorney General of Canada is frequently called upon to act as an intervener before the Supreme Court. This should come as no surprise. To defend the public interest, the Attorney General must have an opportunity to participate in cases that raise important constitutional issues, ensuring that the constitutionality of laws is fully and properly debated before the courts.
This role helps uphold the rule of law, ensures that the government's actions respect the limits set by the Constitution and the charter, and ultimately ensures that the rights and interests of all Canadians are protected.
I would like to stress the specific role of an intervener before the Supreme Court. As an intervener, Canada's main objective is to make a significant contribution to resolving complex legal issues that have major consequences for all Canadians. The government's goal is not to advocate for a particular outcome or to take a position on the validity of the disputed provincial law. Instead, its goal is to support the court by providing a useful and distinct perspective on the legal matters at hand, based on its constitutional responsibilities and its ability to provide a national and federal perspective on matters before the court.
For example, as a national government, Canada has a major interest in ensuring that the Constitution, the supreme law of the land, is interpreted and applied consistently across the country. As a national government, Canada also has an interest in promoting and protecting national unity, a role grounded in the principle of federalism.
Furthermore, as a national government, we have a clear interest in the rights and freedoms of all Canadians, regardless of where they live. The Attorney General of Canada has an important role to play in ensuring that minority rights are respected consistently throughout the country.
The Supreme Court of Canada has clearly indicated, particularly in the reference to secession, that respect for minorities is one of the underlying principles of the Canadian Constitution. That principle, along with federalism, democracy, constitutionalism and the rule of law, forms the foundation of Canada's constitutional framework.
As we know, this government has shown an unwavering commitment to defending the rights of linguistic minorities across Canada.
I would now like to illustrate how those principles actually apply to the case at hand today, that which involves the English Montreal School Board and other appellants. We have always indicated that, given the nationally important issues that this case raises, we would be there to defend the charter before the Supreme Court of Canada. That is exactly what we are doing today.
To be clear, many questions about how the Constitution is interpreted or applied are at play in this case. Several provinces, in addition to Quebec, as well as some 40 organizations, are already involved in this case, each presenting its own arguments on the issues. To me, that is the clearest indicator that this is a very important debate for our country and our federation.
That is why this government signalled its intention to intervene in this case last March and submitted its brief to the Supreme Court on September 17. In so doing, we are making the Government of Canada's voice heard in a debate that directly affects the interpretation and future of the charter.
This case is not limited to the immediate issues before the court. It touches on fundamental freedoms and rights, as well as the interpretation and application of the charter. I would like to clarify that the Attorney General of Canada's submissions are not aimed at the Act respecting the laicity of the State. They relate exclusively to the proper interpretation of the charter. The Supreme Court's decision will determine the conditions under which the federal and provincial governments may invoke the notwithstanding clause in the years to come.
The Attorney General of Canada is firmly committed to participating in these important national discussions, which could have repercussions for all Canadians. For that reason, the government will not withdraw from this debate before the Supreme Court. Doing so would be a dereliction of its duty to defend the charter and to help maintain a clear and consistent constitutional framework for the entire country.
It is in the interest of the court, the public and the Constitution for the government to contribute to this debate, particularly as it relates to the interpretation of section 33. As it has already stated, this government is very concerned about the increased use of the notwithstanding clause, namely, section 33 of the charter. The first word should not be the last in the dialogue between parliaments and the courts.
We are seeing the notwithstanding clause being increasingly invoked by parliaments across the country. We have heard from Canadians who are concerned about the appropriateness of invoking the notwithstanding clause in such a way. Again, our role is to provide helpful observations to the court on the interpretation of a provision of the Constitution, which in this case is the notwithstanding clause.
This contribution is intended to enrich the debate, not to single out a province or to challenge its ability to legislate. We respect the jurisdictions of the provinces, including Quebec, but respecting does not mean staying silent. When an issue concerns the interpretation of the charter, it is normal, critical even, for the Government of Canada to make itself heard.
:
Mr. Speaker, I will be sharing my time with my colleague, the member for .
I am really glad to speak today on this Bloc Québécois opposition day. People get involved in politics because they have values they want to defend. We want to defend our constituents, and I, as a proud member of the Bloc Québécois, want to defend Quebec. That is really what we are talking about today.
I will repeat the motion. The Bloc Québécois is asking for the following:
That the House: (a) call on the government to fully withdraw from the legal challenge of Quebec's Act respecting the laicity of the State before the Supreme Court; (b) call on the government to withdraw its factum filed on September 17, 2025, with the Supreme Court contesting Quebec's right to invoke the notwithstanding clause; and (c) denounce the government's willingness to use the Supreme Court to take constitutional powers away from Quebec and the provinces.
I wanted to read the motion again because I have been listening to the speeches ever since this morning and I get the sense that people are saying that this is not important, that it is merely a detail, that there are other matters that should be discussed. However, we are talking here about the Quebec nation itself. We are talking about an attack against the Quebec nation. With all due respect to my colleague who said earlier that it is not Bill 21 that is being attacked but rather the notwithstanding clause, it is Quebec itself that is being attacked.
I would remind my colleague that this is not the first time Quebec has used the notwithstanding clause. It has been used many times—41 times, to be exact—since it was introduced. In all those years, the use of the notwithstanding clause was not challenged; however, as soon as we started talking about state secularism, about the very identity of the Quebec nation and its values, a decision was made to question the legitimacy, validity, and intent of using the notwithstanding clause to defend a bill that was duly passed by Quebec's National Assembly. Clearly, this is really a direct attack. It is really an ideological attack. We are seeing the same agenda as there was under former prime minister Pierre Elliott Trudeau, under the most recent prime minister, and even the current . Since last March, they have been trying to tell us it is no longer the same government and it is a different government, but the agenda has remained the same. Today, they are pursuing the same agenda as Trudeau Sr., one that transformed into a postnational agenda under our former prime minister Trudeau Jr. and now under the current government. Absolutely nothing has changed.
I talked about identity. Obviously, the Government of Quebec has invoked the notwithstanding clause a number of times, including on matters of language, as well as social issues. Those are topics that distinguish Quebec from Canada and that make us who we are. We want to pass our own laws because they define us as a society and define the projects we have as a nation.
Besides the issue of identity, our democracy is at stake. We once again have a self-righteous government that thinks it can look down at us and judge what is good for Quebec and what is not. However, Quebec is sovereign when it comes to passing its own laws, such as Bill 96 on language and Bill 21 on secularism. I do not think Quebec is the only one worried. Yes, I am defending Quebec, but I was talking about democracy. That is what we want to defend here today as well.
Several Canadian provinces have supported Quebec because they see that the sovereignty of their own assemblies is also threatened by the federal government's paternalistic desire to decide what is good for the provinces and Quebec. This is really a question that goes beyond the issue of secularism, because there is the substance and there is the form. The substance remains a pretext for attacking Quebec, but the form also remains a reason for attacking democracy and the rights that all provinces and Quebec have under the Constitution.
This fear on the part of the federal government, as expressed by the Attorney General of Canada in his factum, is an attack on the form. We are talking about the notwithstanding clause, but also about the approach taken by the federal government, which has been criticized on several occasions for being unable to tackle the issue head-on, instead resorting to roundabout ways to attack Quebec. I find it disgusting—yes, that is the first word that comes to mind—that it has decided to use Quebec taxpayers' money against them. Our laws are legitimate; they were passed by our national assemblies.
Some Quebec members in the House, like my colleague who spoke earlier, are afraid to say whether they are in favour of Bill 21, a law duly passed by Quebec. I would like to add that what he was saying, whether he was for or against it, is that, in his view, his National Assembly is not legitimate and cannot even vote on its own laws. I have a big problem with that. Another government member said that there are currently more Liberal members than Bloc members. I would like the Liberal members—because beyond that, we are members from Quebec—to also be able to defend Quebec. It is all well and good to have Liberal members in the House, but I think we have a problem if they decide that their National Assembly is not legitimate in their eyes. We can see where the government members from Quebec stand.
At this point in the debate, I would like to remind members that just because a member is from Quebec does not mean they are defending Quebec and our National Assembly. In my opinion, based on what I have heard in the debate so far, only the Bloc Québécois members are defending Quebec's National Assembly, and therefore Quebec, tooth and nail. I would like to hear my colleagues on the other side of the House say that is not true if they wish, because that is not what I have been hearing since the debate began.
I would also like to see the government broaden its perspectives. It calls itself multiculturalist, open-minded and postnational, as I said earlier, but it should also look at what is being done elsewhere, both in terms of form, such as override clauses or the democratic tools that parliaments can use, and in terms of content. When we look at what is being done in the European Union, for example, we see that a number of countries are using those tools and trusting each other. The federal government is challenging a tool in its own Constitution in court, which is unbelievable. The government can use this tool, as other countries do. The same goes for the content. When it comes Bill 21 and religious symbols, other states, such as Germany, the Netherlands and Belgium, have substantial provisions in that area. However, I have not heard the federal government say that they are anti-democratic, that they may be using or bringing back firing squads, or that they are reintroducing slavery.
I think that the Liberal government should be able to say that to the world. I also believe that Quebec will be as free as those nations that have adopted mechanisms such as the notwithstanding clause and that are, of course, free to address legitimate issues that are within the purview of their own national assemblies.