Legal experts ask UN to scrutinize Quebec’s proposed constitution over rights concerns

A group of legal experts is taking its fight against Quebec’s proposed constitution to the international stage, arguing the legislation fails to respect the rights of minorities, Indigenous people and the rule of law.

The Canadian branch of the International Commission of Jurists (ICJ) has requested United Nations special rapporteurs examine Bill 1 to determine if it infringes on human rights.

Stéphane Beaulac, a professor of constitutional law at the Université de Montréal and a member of the ICJ, held a news conference Tuesday alongside other law professors and Indigenous leaders to announce the move.

While Beaulac said he favours Quebec having its own constitution, he said “the bill in question is not that.”

“This is not a constitution,” Beaulac told CBC News. “It’s a political, ideological program that runs contrary to international standards with regard to access to justice.”

The draft constitution was tabled in October by Premier François Legault’s Coalition Avenir Québec government without prior consultation.

It sets out to protect what the government deems to be the common values of the province, including the French language, secularism, the right to abortion and equality between men and women.

However, many First Nations leaders, civil liberties groups and legal experts have come out against the draft.

Critics contend that, under Bill 1, the collective values defined by the state — such as secularism and the French language — could trump individual liberties.

There is a provision that would effectively ban publicly funded bodies, including school boards, from using their funds to challenge provincial laws in court — a move experts say attacks the rule of law by insulating the government from judicial review.

First Nations leaders have also raised concern the constitution fails to recognize their status as sovereign nations with rights to self-determination.

The ICJ sent a letter on Tuesday to 10 UN special rapporteurs, including those responsible for minority rights, racism and the independence of judges and lawyers.

Special rapporteurs are appointed by the UN Human Rights Council to monitor, report on and advise on specific human rights issues or country situations. While they do not conduct formal investigations, Beaulac is hopeful that criticism on the international stage will force the CAQ government to make changes.

“Our initiative is really to bring the case of Bill 1 outside of the jurisdiction of Quebec and of Canada and to bring it to the attention of the world,” Beaulac said.

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Legault, for his part, has said the constitution aims to assert Quebec’s “distinct national character.”

“When we look at our history, our survival as a nation was improbable, but we are still here,” he said after Justice Minister Simon Jolin-Barrette tabled the bill.

Consultations on Bill 1 are set to begin Thursday at Quebec’s National Assembly.

Miriam Cohen, also a law professor at Université de Montréal, said those consultations should have been held before the constitution was tabled.

“We should know better,” she said. “If we are calling a law a constitution, according to international standards, you need to have [those prior] to drafting a text — consultations that are inclusive and transparent.”