Mr. Speaker, no Quebec premier, whether federalist or sovereignist, signed the Canadian Constitution. Why is that? Because, lectures about respect for minorities aside, the Constitution took away our status as a minority and as a nation. Pierre Elliott Trudeau's fantasy about establishing bilingualism and biculturalism foundered in the murky depths of a ghettoizing multiculturalism that failed to foster interculturalism.
Even Will Kymlicka, a scholar of multiculturalism, says that multiculturalism is unsuitable for a minority nation such as Quebec. He wrote: “Had Quebec not been guaranteed these substantial powers—and hence protection from being forced to submit to English Canadian majority decisions—either it would not have joined the Canadian federation or it would have seceded soon thereafter.” Yet Quebeckers are the ones viewed as nasty separatists who, seated astride the high horse of our linguistic majority, trample upon rights and freedoms. There has to be a solution, but that is a bit much.
One thing is certain: All independence activists throughout history have demonstrated their commitment to the foundations of democracy. We did not pull out bazookas. When the referendum was stolen from us and we lost in 1995, we continued to pay taxes to Ottawa. We continued to respect Canadian parliamentary democracy. The proof is that we are bringing our point of view to the House and, as long as we pay taxes, we have the right to be represented.
I am a child of the Quiet Revolution, which was unquestionably a time of political and sociological effervescence. We transitioned from a society where institutions were entirely denominational to a secular, neutral society. A look at conflicts around the planet shows that any time religion found its way into a political agenda, things went off the rails. Polarization would happen, leading to wars and intolerance. That was why Quebec decided to separate church, religion and state.
Quebec is a francophone nation in a sea of 370 million anglophones. We adopted a way of living together in harmony built on a cultural convergence centred on three essential principles. Intercultural relations are the common denominator of our shared existence. Our different roots join us together. In Quebec, everything happens in French. As I said, there is a separation of church and state, and gender equality is enshrined. That goes hand in hand with the separation of church, religion and state. Every religion I know of subordinates women to men. If anyone knows one that does not do that, please rise and tell me.
The problem we are seeing in this debate is a misunderstanding of a phenomenon known as the legalization of politics. What is that? The Canadian Parliament is well versed on this subject. It always waits for the courts to rule before changing laws. However, we, the representatives of the people, are the ones making the laws. The Supreme Court justices must interpret the laws we enact in accordance with section 1 of the Canadian Charter of Rights and Freedoms.
A charter right can be infringed within reasonable limits if it can be demonstrably justified in a free and democratic society. On the substance of the issue, which the Liberals refuse to speak to, the courts can rule on Bill 21. How, exactly, is freedom of religion or conscience infringed beyond reasonable limits?
When Quebeckers had the Canadian Constitution shoved down their throats, Jean Chrétien boasted about the notwithstanding clause in a little book I have at home and should have brought with me to quote from. He said, for the benefit of those who may not know, that parliaments must be above the courts.
This means that if the Supreme Court says that the legislation unreasonably infringes a right guaranteed in the charter, we have options. The notwithstanding clause can remain in place for five years, allowing time for a review, especially if the goal is to change the law and bring it into compliance after five years of debate in the legislature that is violating the charter. What is happening here subordinates and devalues the parliamentary democracies in Quebec and the provinces. That is where the debates should take place.
The other option is to change the Constitution. I do not know of any law that was put in place with the notwithstanding clause and that has been re-enacted ad infinitum, because a debate eventually takes place in a parliament. At some point, the public tells the government to come up with a law that complies with the Constitution or else it will be ousted.
What we are doing here is devaluing political power. It has been that way for years, and the charter gave rise to the relationship that Canadian politicians have had with the court. Take medical assistance in dying, for example. The Parliament of Canada has always lagged behind the Supreme Court. The justices forced the Canadian Parliament to pass laws, because it was too far behind to represent the people and do what the people were asking it to do. That meant people's freedom, right to life and freedom to choose were infringed. I did not see a lot of people on the other side rebelling over that. However, we are being lectured a great deal about rights and freedoms.
Quebec has passed a law on advance requests for degenerative diseases such as Alzheimer's. The Liberals have rejected the idea outright. However, 87% of Quebeckers want us to move in that direction, and the Criminal Code is not aligned with the Quebec law. I have not seen the 44 current Liberal members come forward and say that it is appalling that the Criminal Code is not aligned with Quebec law. These are just examples. We are faced with a legal stance that devalues the role of the legislative assemblies.
I think that in today's debate, we saw Liberals who lacked courage. In fact, only one of them showed any courage. What we are asking the government to do is not that complicated. We are asking it to withdraw its ridiculous factum that claims that the danger of the notwithstanding clause is that it could lead a legislative assembly to abolish unions. I would love to see a party in a legislative assembly manage that. I would just want to see if it gets re-elected and how things turn out in its province or in Quebec.
Shutting down newspapers and churches? Give me a break. It is one thing to say that public institutions must be neutral and secular in order to prevent polarization. If someone wants a church or a Jewish school, they can pay for it. We have no problem with that. No one is being forced to stop practising their religion, except in public institutions, because everyone pays taxes.
Secularism is a humanist principle. That is why we are asking the government to withdraw its factum.