MONTREAL — A draft constitution introduced by the Quebec government two months ago was intended to express a unifying declaration of common values among Quebecers. However, it has faced significant criticism for being poorly conceived, divisive, and authoritarian. Opponents argue that the proposed legislation threatens human rights, limits dissent, and potentially reignites controversial debates surrounding abortion. Civil society organizations are actively calling for the bill to be withdrawn entirely.

Public consultations on the draft constitution are set to commence on Thursday and will extend into the new year. Justice Minister Simon Jolin-Barrette has agreed to permit public participation in these consultations, responding to previous criticism regarding the bill's drafting process being conducted behind closed doors. Over 200 individuals and groups are expected to present their viewpoints during these sessions.

Despite the public consultations, the ruling Coalition Avenir Québec, which holds a majority, is not required to cooperate with opposition parties in order to pass the law. Stéphane Beaulac, a constitutional law professor at Université de Montréal, expressed skepticism about the likelihood of any amendments being made to the draft, stating, "I’m very pessimistic that there will be anything changed."

The constitution bill is designed to safeguard Quebec’s unique identity and culture while enhancing the province's autonomy within Canada. It proposes a set of "founding principles," such as secularism, gender equality, the right to abortion, and the establishment of French as Quebec’s sole common language. Furthermore, it outlines a procedure for the Quebec premier to recommend candidates for Senate and Supreme Court positions, along with the role of the lieutenant-governor, which is to be renamed the "officer of Quebec."

Criticism has intensified over a particular provision that would prohibit organizations receiving public funding from utilizing such funds to finance court challenges against laws considered to protect "the fundamental characteristics of Quebec." This measure is partially in response to ongoing legal challenges regarding Bill 21, Quebec’s secularism law, which is currently under review by the Supreme Court of Canada. Jolin-Barrette maintains that these legal challenges need to be funded "in some other way than by using Quebecers' money."

Marcel-Olivier Nadeau, president of the Quebec bar association, criticized this ban, asserting that it would essentially hinder the ability to mount court challenges. "What money are they going to use?" he questioned, labeling the approach as authoritarian. In addition, a submission from a group representing Quebec universities warned that the bill could obstruct challenges to laws threatening academic freedom and foster "a climate of institutional self-censorship."

Concerns have also been raised regarding the government's intention to include the right to abortion in the constitution. Critics argue that this could provide anti-abortion organizations an avenue to challenge the provision in court, potentially undermining access to abortion. An open letter published in Le Devoir by over 400 doctors urged Jolin-Barrette to eliminate the abortion reference from the bill, cautioning that "Any law on abortion ultimately becomes a law against abortion."

In his response to reporters, Jolin-Barrette asserted his commitment to protecting abortion rights but indicated openness to modifying the bill to address critics' concerns. He emphasized that women’s rights are increasingly under threat in several Western countries, and he aims to ensure necessary protections are in place.

Supporters of the legislation, including Droits collectifs Québec, argue that it contains substantial legal and constitutional advancements for Quebec. However, they also acknowledge that the initial drafting could have benefited from broader consultation.

Earlier this week, the Quebec chapter of the International Commission of Jurists Canada appealed to the United Nations to investigate the constitution bill, asserting that it violates universal human rights. Their submission contended that the legislation prioritizes the collective rights of the "Quebec nation" over those of individuals, minorities, and Indigenous peoples. Beaulac, who leads the Quebec chapter, has communicated this appeal to ten different UN special rapporteurs, hoping it may prompt the Quebec government to reconsider the bill.

Beaulac described the bill as representative of illiberalism, warning of a "slippery slope." He indicated that if the draft were to become law, it would likely result in further legal challenges.