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Whip of the Bloc Québécois Member of the Board of Internal Economy

Claude DeBellefeuille

  • Member of Parliament
  • Whip of the Bloc Québécois Member of the Board of Internal Economy
  • Bloc Québécois
  • Salaberry—Suroît
  • Quebec
  • Voting Attendance: 68%
  • Expenses Last Quarter: $109,425.78

  • Government Page
Context: House Hansard - 157 - Feb/9/23
Mrs. Claude DeBellefeuille
  • Feb/9/23 3:36:07 p.m.
  • Watch
Madam Speaker, one side of the House giving the other side history lessons will not change the fact that Premier René Lévesque never signed the Constitution. He rejected it outright. The other provinces joined together to wrest the notwithstanding clause. Madam Speaker, I hear my colleagues talking. I showed respect in listening to my colleague's question, and I would like him to show the same respect for me. I think it is a legitimate request. My colleague has some legal background and I think he holds Professor Benoît Pelletier, who is a professor at the University of Ottawa and a former Liberal minister of intergovernmental affairs, in high regard. I would like to quote him: One of the main dangers facing Quebec, like all other national minorities around the world, is the levelling effect of the courts. The notwithstanding clause has been used in the past to counter this tendency and to assert collective rights that are necessary to preserve minority cultures, but are nevertheless not explicitly recognized in the Canadian Charter. This is a—
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Context: House Hansard - 157 - Feb/9/23
Mrs. Claude DeBellefeuille (Salaberry—Suroît, BQ)
  • Feb/9/23 3:25:14 p.m.
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Madam Speaker, I wish to inform you that I will be sharing my time with the fabulous member for Manicouagan. We are here today to reiterate a fact to everyone and to all federal parliamentarians, specifically, “That the House remind the government that it is solely up to Quebec and the provinces to decide on the use of the notwithstanding clause”. That is what today's Bloc Québécois motion is all about. It is an opportunity for parliamentarians to clearly indicate their support for a well-known provision of the Canadian Constitution that has been used on many occasions, particularly by the Government of Quebec. The reason it is important to protect this provision, to send a loud and clear message, is because the Liberal government has recently been calling this provision into question, through the voice of the Prime Minister himself. This is not trivial. It is extremely important, and surprising at the same time. The Prime Minister is talking about a major paradigm shift in relations between Ottawa, Quebec, the provinces and the territories. The Prime Minister is questioning the ability of Quebec and the provinces to decide for themselves. The Prime Minister is suggesting that using the notwithstanding clause is fine, but only when he thinks it is appropriate. That is why our motion is important. Before the Supreme Court of Canada is called upon by the government across the way to rule on the use of the notwithstanding clause, let us send a very clear message. The notwithstanding clause is an essential clause in the federative pact. Without the notwithstanding clause, there would be no federative pact as we know it. It is the provinces, not Quebec, that managed to grab this right to difference. I will humbly submit that the notwithstanding clause is the bare minimum for respecting the democratic agenda of the National Assembly of Quebec. Calling into question the right of Quebec and the provinces to use the notwithstanding clause is the symptom of a much deeper problem. The federal government is calling into question this constitutional provision in a very specific context. The context, in my view, is the very recent passing of two laws in Quebec, one on language and the other on state secularism, that use the notwithstanding clause. These two laws share the fact that they deal with fundamental aspects of Quebec's identity, namely language and our own idea of secularism. These two laws enjoy a broad consensus among the Quebec population. These two laws also share the fact that they have been debated, improved, commented on, studied, obviously criticized, but ultimately passed by elected members of the National Assembly of Quebec, with their eyes wide open, weighing everything in the balance. It would seem, then, that the calling into question of the notwithstanding clause comes at a time when the Quebec National Assembly is asserting itself through these two laws. I point out this simultaneity because it is important. Citizens may not be aware of it, but Quebec has used the notwithstanding clause several times in its history. While Quebec was repeatedly using the notwithstanding clause, no outcry questioning its choices could be heard. Here are some examples to make that clear. Let us take the Act respecting La Financière agricole du Québec. Quebec wants to do everything it can to support the next generation of farmers, as the agricultural sector is essential to its economy and regions. We must therefore assist in some way the young farmers. This can be done only through invoking the notwithstanding clause. Has this created an outcry? The answer is no, not at all. Now let us take the employment equity act. Quebec is taking the lead in promoting the inclusion of all its citizens of different genders, backgrounds and abilities in its workplaces. This requires invoking the notwithstanding clause. Was there an outcry? The answer is no, not at all. The federal government is quick to challenge the use of the notwithstanding clause in the Supreme Court of Canada. Let us talk about small claims court, which is another concrete example. It is a Quebec innovation that allows citizens to resolve civil disputes in a more accessible, open and fair manner. The existence of such a court requires the notwithstanding clause. Closer to home, there is the youth court. Quebec's elected officials are betting that protecting the identity of children during trials is more important than the right to a public trial. This requires the use of the notwithstanding clause. Is the judgment of Quebec's elected officials being called into question? Not at all. What I am trying to say is that in each of these cases Quebec proceeded in its own way. Our collective and democratic choices led to innovation and important legislation that all required the use of the notwithstanding clause. In these examples, the use of the notwithstanding clause was never called into question. Why is Quebec's right to make its own choices challenged as soon as we talk about language and secularism? Perhaps citing these two recent Quebec laws, Bill 96 and Bill 21, which have elicited a rather public outcry on the Liberal benches, makes my argument a somewhat emotional one. They may be poor examples, so I will cite another. Quebeckers remember how Liberal premier Robert Bourassa caused quite a stir, a very public stir, when he used the notwithstanding clause to protect the use of French alone on commercial signs. Times have certainly changed, but I think the debate is the same. The notwithstanding clause is all well and good except when Quebec wants to use it to assert itself. Then it is up for debate. This typical reaction to Quebec asserting itself is quite something. I wanted to briefly illustrate that in the context of today's debate. In their speeches today, my Liberal and NDP colleagues have tried to distract our attention. Some members have raised the argument of pre-emptive use of the notwithstanding clause. They say that Quebec would short-circuit the judicial process by stating from the get-go that its law is legitimate, necessary and balanced even though it needs the notwithstanding clause. I see that as a convenient red herring for some MPs because today's motion does not even ask members to address that issue. Today’s motion merely affirms one fact: It confirms that federal MPs support section 33 of the Canadian Charter of Rights and Freedoms. I would ask my federal colleagues, even if they do not always support the decisions of their legislature, to make it clear that they recognize that their province’s legislature is legitimate, and that it makes decisions democratically. In fact, what I am asking is that those members recognize the autonomy and sovereignty of their legislature. I can tell the citizens of Salaberry—Suroît that my Bloc Québécois colleagues and I undeniably recognize the legitimacy and autonomy of the elected members of the Quebec National Assembly. The members are elected, and debates take place. Several parties and schools of thought are represented, civil society plays an active role, and the media is doing its job. We live under the rule of law. Basically, it is not always perfect, but what we can say is that the checks and balances work well in Quebec. Quebec’s use of the notwithstanding clause has not upset this democratic balance of power. In fact, the notwithstanding clause is part of the balance of power of Quebec, its national assembly, its elected members and, ultimately, Quebeckers dealing with a federal government that is increasingly activist and less tolerant of the legitimate and measured decisions of Quebec society. Let us decide for ourselves: Let us support the motion put forward by the leader of the Bloc Québécois, the member for Beloeil—Chambly.
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