Quebec’s CAQ Government Faces Criticism for “Liberticidal Drift” with New Secularism Bill and Constitutional Changes
The Quebec government, led by the Coalition Avenir Québec (CAQ), is facing mounting criticism for a series of legislative moves described as an “authoritarian drift” that threatens fundamental freedoms and the rule of law. A new bill aimed at strengthening secularism, coupled with proposed changes to the Quebec Constitution, are raising concerns about the government’s overreach and its willingness to circumvent legal challenges ahead of upcoming elections.
Published approximately six hours ago, the concerns center on Bill 9, which seeks to prohibit places of prayer in educational establishments. As one observer noted, the government appears to be revisiting and reinforcing existing legislation – much like its approach to linguistic laws – by “tightening each of the articles” of previous secularism laws. While politically expedient, this strategy is seen as lacking substantive legislative value.
The timing of these moves, less than a year before the next election, has fueled accusations that the CAQ is prioritizing political gain over constitutional rights. The government is accused of attempting to remind voters of past legislative “successes” while potentially infringing upon freedoms enshrined in both the Quebec and Canadian Charters of Human Rights and Freedoms.
Specifically, Bill 9 would effectively close existing places of prayer in almost all major Quebec universities – including Montreal, McGill, Concordia, Laval, Sherbrooke, and Bishop’s – which currently accommodate students of various faiths, including Catholic, Protestant, Jewish, Muslim, and multi-faith groups. The legislation disregards the fact that these spaces are often utilized by adult students exercising their constitutional right to freedom of religion. As one source stated, the government intends to impose “secularism in CAQ style” simply because it is perceived as popular with voters.
The core issue, critics argue, is not merely about religion, but about the state’s power to impose its will without facing legal scrutiny. The government is reportedly utilizing a “derogation clause” to preemptively shield the legislation from constitutional challenges. This tactic, combined with proposed changes to the Quebec Constitution, is raising alarm bells among legal experts.
The draft Quebec Constitution, initially envisioned as a unifying document, is now being viewed as a tool to suppress dissent. The government is seeking to prevent any public organization with access to public funds – including municipalities and school service centers – from challenging the constitutionality of its laws in court. This move, according to the Quebec Bar, represents an “authoritarian drift” that will “neutralize counter-powers.”
Almost all of Quebec’s constitutionalists have issued warnings about the erosion of the rule of law, yet the government appears unconcerned. This trend extends to a bill concerning the transparency of trade union organizations, which introduces optional contributions. This measure is widely seen as an attempt to limit unions’ ability to challenge government decisions or support social movements, effectively forcing them to focus solely on collective bargaining.
“It is obvious, in fact, that we are trying to bring the unions into line,” one source commented, “which will be popular in certain circles.” However, the move is also viewed as a transparent effort to curtail unions’ right to challenge government policies.
Ultimately, critics contend that the CAQ is engaging in a “liberticidal drift,” prioritizing control over fundamental rights and silencing opposition voices. The government’s actions raise serious questions about its commitment to democratic principles and the protection of civil liberties in Quebec.
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Read the statement from the Barreau du Québec: https://www.barreau.qc.ca/en/news-and-publications/press-room/press-release-barreau-du-quebec-concerned-about-proposed-constitutional-amendments/
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Read our column “Breaks in our rule of law”: https://www.lapresse.ca/opinions/editoriaux/2024/05/09/ruptures-a-l-etat-de-droit
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