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 C‑5 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 C‑5, 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 C‑5 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 Prime Minister 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.