The Notwithstanding Clause from Bourassa to Legault

 

Francois Legault, full of confidence with the surprising scale of his CAQ electoral victory, is currently threatening to make use of the Notwithstanding Clause to insulate his proposed immigration restrictions from court challenges. He may go through with it even in the face of substantial public opposition, particularly in Montreal. But if he does, I hope that the public debate will distinguish between arguments about the substance of his proposals from arguments about the ‘legitimacy’ of the Clause itself. It was introduced in the constitutional negotiations of 1982 as a quite defensible compromise feature of the Charter, both to avoid the kind of juridical absolutism that has caused so much grief in the United States, and to preserve the democratic powers of the provinces from oppressive federal centralization.

Even if one intensely dislikes some specific application of the Clause, that does not demonstrate that Canada would be better off if it could somehow be rescinded, unlikely in any case. Individual citizens or groups of citizens in functioning democracies may quite often find themselves disliking particular laws introduced by elected governments. including ones that they voted for. But that dislike is not alone justification for unlimited opposition, to the point of disobeying such laws. Both in the past and at present, this ordinary requirement can be obscured by deafening cries about ‘rights’, a word with unlimited possibilities for producing insoluble conflicts between clashing interests. It makes more sense to concentrate public support or opposition on the substance of the policies that appear to require the use of the Clause.

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Social solidarity must be voluntary!

It is often said that Manon Massé performed better than expected in the recent Quebec provincial election debates, and that this has resulted in a newfound curiosity with Quebec Solidaire, as demonstrated by a hike in support according to recent polls. Beyond good debate performances, support for sovereignty, and promises of free services, what exactly are the principles by which this party is guided?

The answer, in part, is found in its title. QS claims to be a movement of social solidarity, and its main objective, according to its website, is for all action to be based on the real needs of the population. So there it is, QS wants to use the legislature and the machinery of the state to address and satisfy our real needs.

At first glance such principles can seem noble. But once the nature of the state is properly understood, one can only conclude that QS’s program is not only destined for failure, but also for the impoverishment of the province, and that behind its veil of nobility lies a patronizing and ideological autocracy.

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Remembering Quebec’s Jacque Parizeau

When the Quebec Legislature began its first post-election session in November of 1989, the first speaker was Jacques Parizeau.

It was my first day there as an Equality Party Member, and he surprised me, by giving a very non-partisan address, almost the kind one would expect from someone like a Lieutenant-Governor.

Parizeau was amiable and wide-ranging, and drew our attention to the painting above the Speaker. It was entitled “The Language Question in Quebec,” an early sitting of the Lower Canada Parliament in 1793, when it was first decided that French would be allowed in debate. He almost seemed to be hinting at an underlying reality: that the Legislature was on most days an oil painting masquerading as an action film, or a theatrical performance, in which he was looking forward to playing the role of a lifetime.

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Quebec has its own divisions

This article was written in the wake of Lucien Bouchard’s move to the leadership of the Parti Quebecois and his vow to continue the long march toward Quebec independence. It was first published in the New Brunswick Herald Telegraph, January 17, 1996 as it appears below and again in The Gazette, Montreal, Monday, January 22, 1996 under the headline: Partition answer to irreconcilable differences.

Faced with the imminent arrival of Lucien Bouchard and his vow to complete the long march to independence, more and more Quebecers are coming to accept that they live in a deeply divided political society. Two radically different dreams are trapped in the confines of a single territory called Quebec.

The dominant political forces see a future independent, ethnic state, preserving a French-speaking culture which they view as unique and threatened by the English-speaking societies of North America. An indistinct opposition longs to return to a bilingual, liberal state supporting a cosmopolitan society in which the use of language and the free evolution of culture is a personal, family, business or neighborhood affair.

Neither of these political divisions is new, nor have they been played out on the modern historical stage without demonstrating their own particular strengths or inherent weaknesses. But two such adversarial concepts cannot live securely and comfortably under the same roof.

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Reflections on Quebec’s “Regime Pedagogigue”

The following presentation was delivered to a Community Conference for Parents sponsored by the Department of Administration and Policy Studies in Education, McGill University in collaboration with the Quebec Anglophone citizens’ organization known as “Alliance Quebec.” It was first published in the editorial section of The Gazette, Montreal, March 4, 1983 under the headline: “Quebec moves to influence courses and young minds” and again in the News and Chronicle, Montreal, Wednesday, June 13, 1984 under the headline: Quebec Curriculum will promote obsolescence.

During the long struggle against former Education Minister, Camille Laurin’s plans to realign and centralize Quebec’s education systems a profound public concern developed over the question of what is to be taught in our schools.

That concern revolved around two fundamental issues which have yet to be satisfactorily resolved.

The first is a growing suspicion among Quebeckers that the role of the state in Quebec’s schools is reaching proportions beyond the requirements of our democratic pluralistic society. The second is a deep seated concern that heavily centralized mechanisms for the development of school curricula may be generating programs that are unable to satisfy the future needs of our children.

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Quebec should halt school “nationalization” plan

This article contends with the Quebec Government’s plan to dismantle the Province’s longstanding confessional school boards and replace them with a unified, so-called “neutral” school system. It was published in The Montreal Gazette on: Wednesday, November 11, 1981.

The provincial government’s plans to replace confessional school boards with regional school councils providing Protestant, Catholic and “neutral” schooling in French or English to all students in a given region. Government representatives argue that a “unified” education system such as this would eliminate waste and place more power in the hands of parents to define the character of their neighborhood schools.

Our provincial legislators are posturing as a “good government” seeking to “democratize” education and provide administrative efficiency. In so doing they are prepared to strip the last remnants of authority from Quebec’s Protestant and Catholic communities.

They intend to define our religious and linguistic rights as existing only at the level of individual schools and create the illusion that religious instruction and Quebec’s Anglophone, culture will be accommodated in a so-called “neutral” Quebec education system. In a word, the Quebec Government plans to “nationalize” our schools.

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The Need for Deregulation in Quebec

The following is a summary of an address delivered by William Brooks to the first public symposium of the St. Lawrence Institute held at the McGill University Faculty Club on Wednesday, January 28, 1981.

The history of democracy is the history of the limitation of absolute power. In the heydays of modern democracy peopled believed “that government is best which governs least.”

Liberal democracy was based on a belief in the inherent worth of individuals, a trust in people and a distrust of intrusive government. Democracy aimed to limit the coercive power of government through the “rule of law.” Adam Smith’s favorite metaphor for a good government in a liberal democratic state was that of a “night watchman.”

Political democracy grew hand in hand with free-market capitalism which in turn was developed alongside the economic principle of “laissez faire.” Leave markets alone. Political democracy combined with economic and individual freedoms became the bedrock of the classical liberal faith. By the mid-nineteenth century nations that had replaced authoritarian government and mercantilist economics with liberal principles were on their way to unprecedented productivity and prosperity.

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Referendum Reflection

By Yarema Kelebay and William Brooks

This short article was written after some 60% of Quebeckers voted no to the Parti Quebecois government’s request for a mandate to negotiate “sovereignty-association” with Canada. It was published in the News and Chronicle, Montreal, May 29, 1980.

We know from the results of last week’s referendum that supporters of Quebec independence are clearly in the minority. Ninety –three out of one hundred and ten ridings responded “non” even to the soft request for a mandate to negotiate sovereignty-association. The popular vote swung roughly sixty-forty against Premier Levesque’s “oui” option.

Nevertheless, it was clear from the Premier’s remarks to his followers immediately after the vote that he did not regard the results as definitive and final. Federalism, he said, has been given “one more chance” but remains on trial.

Among the partisan cheers in the Paul Sauve arena he clearly implied that the PQ objective of a sovereign Quebec remained legitimate in spite of its rejection by a majority of the province’s citizens.

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