moved:
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.
Madam Speaker, before I begin, I would like to say that I will be sharing my time with the member for Saint‑Jean, 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.