Quebec premier says he's 'open' to possibility of Quebec constitution by 2026

Quebec Premier Francois Legault said he is open to a Quebec Constitution in 2026. (Jacques Boissinot / The Canadian Press)

Quebec Premier François Legault says he’s “open” to the possibility of adopting a Quebec constitution before the next provincial election.

His comments follow the publication of a report on Tuesday recommending several steps the province could take to boost its autonomy, including drafting its own constitution.

The report was delivered by a committee Legault appointed in June to study the province's rights and enhance its powers within the federation, in what many saw as a bid to please his nationalist base. His Coalition Avenir Québec government has lagged in the polls behind the sovereigntist Parti Québécois for more than a year.

Still, it’s unclear how many of the report’s 42 recommendations the government might adopt, especially since several of them would require negotiations with the federal government.

Asked by reporters in Quebec City on Wednesday if he’s prepared to draft a constitution before going to the polls in October 2026, Legault said he was “open to it.” Justice Minister Simon Jolin-Barrette has been more circumspect, saying the government will study the committee’s recommendations in the coming weeks.

Émilie Foster, an adjunct professor of political management at Carleton University and former CAQ member of the legislature, said she believes the Quebec government will adopt a constitution before the next election.

“At a time when Donald Trump has been elected in the United States and there is a wind of conservatism blowing across the rest of Canada that is different from Quebec, I think it could be a symbolic element of unity in relation to our values,” she said in an interview.

But Foster added there would likely be disagreement over the committee’s suggestion that the constitution should include the province’s controversial secularism law, known as Bill 21.

The Opposition Liberals passed a motion in favour of a Quebec constitution at their convention earlier this month. They say their constitution would enshrine the rights of the province’s English-speaking minority.

Charles Breton, executive director of the Centre of Excellence on the Canadian Federation, said the government could adopt a constitution just like any other bill. But if it’s to have real weight, he said, it should involve consultation with Quebecers.

“It’s not a bad recommendation, but it’s a difficult, complicated process,” he said. “And so because of that, I don’t think that this is something that’s going to happen soonish.”

The committee proposed several other steps Quebec could take to strengthen its autonomy, including modernizing its laws to remove all reference to the monarchy.

But many of the recommendations would involve negotiations with the federal government and some would require changes to the Canadian Constitution. For example, the committee suggests Ottawa should be required to appoint Quebec judges from recommendations provided by the province, and that Quebec should be able to recommend its own lieutenant-governor.

The report also says Quebec should negotiate an agreement with the federal government over the proportion of asylum seekers to be housed in the province.

Foster said the current Liberal government is unlikely to be interested in those discussions, and that Legault may wait for the outcome of the next federal election. “With the Conservatives, who have a less centralized tradition, maybe there would be more openness for certain proposals from Quebec,” she said.

When Legault announced the committee in June, Prime Minister Justin Trudeau dismissed it as an attempt to shore up political support.

“I know Mr. Legault is under a fair bit of pressure from the PQ right now,” Trudeau told reporters at the time. “There’s nothing inherently threatening about a province deciding to look at ways of improving our democracy.”

Breton said the recommendations involving negotiations with Ottawa are probably a non-starter. “I don’t think Ottawa is going to say, ‘Yeah, sure, you’re going to select judges now,’” he said. “I don’t think, whether it’s this government or the next one, they’ll be interested in entering into those discussions.”

But he said Quebec should act on the committee’s recommendation for increased engagement with the other provinces, though he said Legault’s government likely won’t.

“For a while, Quebec hasn’t really played a leadership role in terms of reforming the federation. It’s been mostly focused inwards,” he said. “And that’s a shame, because I think there would be a big role for them to play there.”

This report by The Canadian Press was first published Nov. 27, 2024.