Quebec government tables draft Constitution that will be ‘law of all laws’

The Quebec government has tabled a draft Constitution that the premier says will protect Quebecers’ core values. All the opposition parties voted against its introduction.

François Legault says the Quebec Constitution will be “the law of all laws” and reinforce the province’s autonomy.

“We must now go further,” the premier said. “Quebec has chosen to remain part of Canada, but it has also chosen to assert its distinct national character.”

Quebec’s culture and language are threatened in North America, he says, adding that the government must ensure their survival for future generations.

Legault says the draft Constitution is the culmination of all the measures his government has taken to strengthen Quebec values, including the secularism law and the French language reform.

But the Liberal Opposition says the government failed to consult with them and that a Constitution should reflect all Quebecers.

The government’s effort also drew criticism from some community organizations.

“This feels more like a political manoeuvre than a genuine effort to strengthen democracy,” said Eva Ludvig, president of TALQ, a non-profit organization that advocates for the rights of English-speaking Quebecers.

“Quebecers are grappling with serious challenges in health care, education, housing, and the cost of living. Reopening constitutional debates risks dividing Quebecers and distracting from urgent priorities,” Ludvig added.

In a press release Thursday, TALQ called on the CAQ government to put the constitution bill on hold and initiate consultations with “civil society, First Nations, linguistic minorities and all Quebecers.” The advocacy group warned that a constitution created without broad consultation would not be legitimate.

Prohibit use of public funds to challenge certain laws

The bill comes as Legault’s Coalition Avenir Québec party is lagging in the polls ahead of a provincial election scheduled for October 2026.

With its proposed constitution, the Quebec government wants to prohibit organizations from using public funds to challenge laws considered fundamental to Quebec, such as Bill 96 on the French language and Bill 21 on state secularism.

For example, the English Montreal School Board’s challenge to the secularism law in the Supreme Court would no longer be permitted if the Quebec Constitution is adopted as is.

This is one of the elements found in Bill 1, the Constitution Act, 2025 respecting Quebec, tabled Thursday in the National Assembly by Justice Minister Simon Jolin-Barrette.

In addition to Bill 96 and Bill 21, the constitution would protect the Act respecting integration into the Quebec nation, recently adopted by the Legault government, as well as the Charter of the French Language.

New laws could be added to the list.

Protecting the right to abortion

The Constitution aims to strengthen equality between men and women by giving it precedence over freedom of religion in the event of a conflict between the two principles.

It will also “protect a woman’s free choice to have an abortion.”

“We assume a responsibility as a state, as a government, to protect this free choice,” explained Minister Jolin-Barrette at a press briefing Thursday at the National Assembly.

The Constitution also aims to protect the right of Quebecers to seek medical assistance in dying.

As it did to establish French as the sole official language of Quebec in 2022, the government intends to amend the Constitution Act, 1867 to incorporate “three new provisions reflecting the fundamental characteristics of Quebec: the secular nature of the state, the model of integration into the Quebec nation, and the civil law tradition.”

“We will protect the right of dying with dignity, we will protect French, secularism, collective right,” Jolin-Barrette said. “It’s things that are really concrete. We will protect also the autonomy of Quebec.”

If adopted as is, the constitution could be amended by future governments with a simple majority.

“I didn’t want the Quebec constitution to be locked in for 1,000 years, like the Canadian constitution,” the minister said, adding that he was open to suggestions for amendments on the matter.

‘Vote for us’

Some constitutional experts, however, say the bill doesn’t actually introduce anything new.

“They keep talking about Quebec values when these are general western values,” said constitutional lawyer Julius Grey.

Critics are also raised eyebrows on the amount of autonomy a law like this would afford the province, calling it a political grab in response to the Parti Québécois’ popularity.

“I think they’re gonna use it as an electoral thing,” Grey said. “The PQ wants a referendum. ‘You don’t need a referendum. We’re gonna get your Constitution without that. Vote for us.’”

‘Historical anomaly’

In a Facebook post before the bill’s introduction, Minister Simon Jolin-Barrette stated that Quebec’s lack of a constitution was a “historical anomaly.”

“Quebec must occupy all the constitutional space it deserves so that Quebecers have all the necessary levers to take control of their future,” he wrote.

The minister assured that this Constitution will be “neither CAQ nor Liberal nor PQ nor Solidarity,” but rather “Quebecois.”

“I invite the parliamentarians of the 43rd Legislature to put partisanship aside and finally adopt our first Constitution. It will be the honor of our generation,” added Minister Jolin-Barrette.

However, the transpartisanship was undermined by the three opposition parties, which criticized the CAQ’s draft constitution.

The Quebec Liberal Party accused the government of having written the draft “sur un bout de table.” Québec solidaire insisted that there was no need for a “provincial constitution” written “in Simon Jolin-Barrette’s office.”

And according to the Parti Québécois, the adoption of a Quebec constitution will change nothing as long as Quebec remains in the Canadian federation.

The PQ, which has been leading in the polls. says it’s committed to implementing a transitional Constitution if elected in October 2026 – and hold a referendum.

“If the CAQ says, ‘this is really important here, we’ve done something historical,’ but Quebecers don’t trust the messenger, it’s going to hurt the message,” said Andre Lecours, professor of Canadian politics at the University of Ottawa.

Lecours believes the bill was one of the last cards Legault’s CAQ government could play as it lags behind in the polls.

“It either comes too late or is not enough, really, because it’s hard to see what could turn the tide for a party whose leader is really unpopular.”

–With files from Zach Cheung, CityNews Montreal, and Thomas Laberge, La Presse Canadienne