The Quebec Bar Association has raised concerns about the CAQ government’s proposed constitution, citing potential threats to fundamental rights. In a detailed brief submitted to a parliamentary committee, the association criticized Bill 1 for jeopardizing the independence of the courts, restricting civil society organizations, impacting the right to abortion, and weakening the foundation of fundamental rights. The proposed constitution, introduced by Justice Minister Simon Jolin-Barrette in early October, aims to prevent organizations from using public funds to challenge key Quebec laws, including those on language and secularism.
According to the Bar Association, the ban on organizations speaking out could silence hundreds of civil society groups. The association also opposes the inclusion of women’s right to abortion in the draft constitution, arguing that existing laws are sufficient and that any specific legislative mention could lead to potential limitations. The association, supported by legal experts, emphasizes that the risks outweigh the benefits of such additional legislation.
Additionally, the Bar Association expresses concerns about the proposed hierarchy of rights outlined in the bill, suggesting that it may favor collective rights over individual rights and weaken the Quebec Charter of Rights and Freedoms. The creation of a Constitutional Council with political appointments and potential limitations on court independence also drew criticism from the association. Additionally, the absence of consideration for the constitutional rights of Indigenous peoples was highlighted as a point of legal uncertainty and a hindrance to reconciliation.
The bill is set for extensive consultations in the parliamentary committee, with over 200 stakeholders scheduled to be heard. Tensions between the Bar Association and the government have been escalating, with Justice Minister Jolin-Barrette calling for more nuanced discussions. The minister’s criticism of a lawyer comparing Quebec to authoritarian regimes sparked controversy, with the Bar Association emphasizing the importance of upholding the rule of law and protecting democratic principles in the face of populist threats.
