SoVote

Decentralized Democracy

Rhéal Éloi Fortin

  • Member of Parliament
  • Member of Parliament
  • Bloc Québécois
  • Rivière-du-Nord
  • Quebec
  • Voting Attendance: 68%
  • Expenses Last Quarter: $105,330.31

  • Government Page
  • May/23/24 3:52:20 p.m.
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Mr. Speaker, I would say that in Rivière-du-Nord, as in the rest of Quebec and probably across Canada, everyone is happy to have social measures that help people. However, no one is happy when that is done in such circumstances, where there is no respect for anyone in this House. When we stand up and ask the government to respect us, we are told that we like picking fights. That is all this government is capable of doing in response to our requests to respect jurisdictions. Do we agree? Are we happy with this dental plan? No. We want the money to be transferred to Quebec, which already has a dental plan. We do not want measures that overlap or contradict each other. One captain per boat is enough.
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  • May/23/24 3:41:26 p.m.
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Mr. Speaker, today's motion reads as follows: That the House: (a) condemn the federal government's repeated intrusion into the exclusive jurisdictions of Quebec, the provinces and the territories; (b) remind the Prime Minister that, despite his claims, it is not true that “people do not care which level of government is responsible for what”; and (c) demand that the government systematically offer Quebec, the provinces and territories the right to opt out unconditionally with full compensation whenever the federal government interferes in their jurisdictions. I do not know what my colleagues think of this, but it feels like déjà vu to me. Let us start at the beginning The Constitution Act, 1867, divides up federal and provincial jurisdiction in sections 91 and 92. It is just a list, kind of a shopping list. However, the federal government's history of attempting to legislate in areas under provincial jurisdiction is impressive. How much money has been wasted on needless, fruitless and even harmful legal wrangling and pseudo-negotiations? Our courts have had many opportunities to remind us of the terms of the Constitution in which the federal government constantly drapes itself but systemically disrespects. I have a suggestion to make to members of the government, which is to reread sections 91 and 92 of the Constitution Act, 1867. They are only two pages long, and they are in both French and English. Secondly, on the subject of authority, a reference relating to securities law was handed down in 2011 by the Supreme Court of Canada. The federal government should go back and read the explanations given by the judges in this decision as to how the division of powers works. I will mention just three. Paragraph 119 says, “Inherently sovereign, the provinces will always retain the ability to resile from an interprovincial scheme”. Paragraph 119 also states, “it is in the nature of a federation that different provinces adopt their own unique approaches consistent with their unique priorities when addressing social or economic issues.” The third example is found in paragraph 71: The Canadian federation rests on the organizing principle that the orders of government are coordinate and not subordinate one to the other. As a consequence, a federal head of power cannot be given a scope that would eviscerate a provincial legislative competence. This is one of the principles that underlies the Constitution... The Supreme Court said that. It was not the first time. In 1919, the Supreme Court's decision in In Re The Initiative and Referendum Act stated that the purpose of the Constitution Act, 1867, was: not to weld the Provinces into one, nor to subordinate Provincial Governments to a central authority, but to establish a Central Government in which these Provinces should be represented, entrusted with exclusive authority only in affairs in which they had a common interest. Subject to this each Province was to retain its independence and autonomy.... The Constitution is clear. The Supreme Court has said this many times. I just quoted from two decisions, but the current federal government does not seem to understand these simple principles, which a first-year law student would easily understand. We are now seeing multiple intrusions and attempted intrusions. Look at pharmacare. Quebec's system has room for improvement, but it does exist. The federal government should transfer the money instead of creating a new costly and inefficient structure. As in the case of pharmacare, Quebec already has a public dental insurance system, managed by the Régie de l'assurance maladie du Québec. We agree that it could be improved, but the federal government is determined to create its own parallel system. If the money were transferred to the provinces with no strings attached, these plans could be upgraded. Instead, the government is going to spend money to create conflicting and sometimes overlapping provisions. The federal renters' bill of rights is a new scheme devised this spring. Announced in late March, this bill of rights would require landlords to disclose rent histories. It would also crack down on renovictions and establish a standard, national lease template, among other things. However, jurisdiction over property and civil rights, as set out in subsection 92(13) of the Constitution Act, 1867, is assigned exclusively to Quebec and the provinces. Yesterday, in fact, Quebec's minister of municipal affairs and housing introduced Bill 65 in the National Assembly. The bill aims to regulate evictions by imposing a three-year moratorium. Quebec is doing what it must. The minister said this morning on the Radio-Canada program Tout un matin that the federal government should simply look after its own responsibilities, like the out-of-control temporary immigration that is driving up the demand for housing. Another type of intrusion is the promise to challenge Quebec's state secularism law. On June 16, 2019, the Quebec National Assembly passed Bill 21, which seeks to ensure that all Quebeckers have the freedom to practise and display their religious convictions without the state expressing any preference whatsoever. That is what is known as secularism. The Quebec state is secular both in spirit and in letter. It must be secular in both word and deed, demonstrating its secularism through its representatives. How is this the federal government's business? Why is the current federal government not only promising to challenge this legislation before the Supreme Court, but also funding the various legal challenges it is facing? This is clearly interference in provincial jurisdictions, and it explains, in part, the motion before us today. Beyond respect for jurisdictions, what about respect for the motions of the House? On June 16, it will be three years since the House of Commons adopted the following motion, and I quote: That the House agree that section 45 of the Constitution Act, 1982, grants Quebec and the provinces exclusive jurisdiction to amend their respective constitutions and acknowledge the will of Quebec to enshrine in its constitution that Quebeckers form a nation, that French is the only official language of Quebec and that it is also the common language of the Quebec nation. Since then, the federal Minister of Justice has still not entered in his administrative codification Quebec's changes to section 90, regarding language and nation, and to section 128, regarding the oath to the King. I would point out that this codification is mainly used by judges, lawyers and other court officials. The Government of Quebec has updated its codification, which incorporates the changes made by Quebec and Saskatchewan. What is the federal government waiting for? Respect for jurisdictions also involves respect for motions that call upon the government to acknowledge the actions taken by various governments in their areas of jurisdiction. I would like someone to explain the reason for this oversight. For now, only Quebec has an up-to-date codification of the Constitution Act. At the beginning of April, the Prime Minister said that people do not really care which level of government is responsible for what. A Leger poll released on April 19 tells us that 80% of Quebeckers believe that governments must respect their respective areas of jurisdiction and that 74% of them believe that Ottawa must get the agreement of the provinces before it intervenes in their areas of jurisdiction. Quebeckers, like Canadians across the country, certainly want affordable rent and groceries, but I do not recall anyone talking about chaos. My time is up. I would still have much to say. Perhaps I will continue in my response to questions, if there are any.
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  • May/7/24 1:35:27 p.m.
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Madam Speaker, at the NDP's instigation, the Liberals have often overstepped jurisdictional bounds. Now it looks like excess tax revenue will once again be used to overstep those bounds, including in areas such as housing. I would like to hear my colleague's thoughts on that. Would it not be better for the federal government to fulfill its own responsibilities in its own jurisdictions and send the provinces the money they are entitled to so they can tackle the housing crisis efficiently and effectively?
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  • Dec/4/23 7:55:33 p.m.
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  • Re: Bill C-50 
Mr. Speaker, I listened to my colleague's speech, which I found to be entertaining. Just before him, his colleague from Calgary Centre said that he was asking the Bloc Québécois to vote against Bill C-50 because it does not respect Quebec's jurisdictions. We told him that we agree with that. My colleague from Mirabel told the member for Calgary Centre that we were on the same page and asked him if we could count on the Conservative Party to support the Bloc Québécois every time the federal government tries to infringe on Quebec's jurisdictions, but we did not get an answer. Can my colleague who has the floor now tell me whether we can count on the Conservatives' co-operation every time the federal government tries to infringe on Quebec's jurisdictions?
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  • Jun/15/23 11:28:45 a.m.
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Madam Speaker, I agree with my colleague that it was a pleasure working together on the Standing Committee on Justice and Human Rights. Despite the differences of opinion from one party to the other, I think we have always been able to work respectfully, and I value that. With regard to recommendation 3, it is indeed important to establish minimum standards for victim services. Again, I am proceeding very cautiously, because it seems to me that the foundation of this work is fragile. We are talking about respecting the jurisdiction of Quebec, each of the provinces and the three territories. This needs to play out the same way it did in committee, that is, with respect, and the provinces should be consulted. If the justice ministers of Quebec, Canada, Ontario and all the provinces agree to work together to establish something, I would be the happiest man alive. Even a sovereign Quebec wants to work with Canada and with other countries. That is the crux of the global political, economic, cultural and social reality. We must work together to ensure that the services offered to victims are effective and useful to everyone.
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