This article was last updated on April 16, 2022
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Opposition parties have blamed the defeated Parti Québécois government of misleading the people by alleging that its doomed Charter of Quebec Values was legal even if it had no formal advisory to that effect. Whereas on the other hand, the officials of the outgoing regime reiterate that its “legal opinions” were made by a number of constitutional experts outside the government, who were sufficient to claim that the charter — incorporated into Bill 60 — would pass muster.
However, the statement issued by the PQ does not mention having consulted the government’s justice ministry experts even though it is a standard practice for all government legislation. As a consequence, the new Liberal government has announced to have found no evidence to support the constitutional legality of the charter in the old government’s files. The former minister responsible for Bill 60, Bernard Drainville, insisted on existence of a legal advisory for months.
In response to a query, the new PQ point person on secularism, Taschereau MNA Agnès Maltais, stated that “there exists a distinction between a formal judicial advisory and judicial opinions collected all along the process leading to the writing of the secular charter.” She revealed that the PQ government’s bill rested on the views of three jurists, namely including Université Laval law professor Henri Brun, former Supreme Court justice Claire L’Heureux-Dubé and former Montreal bâtonnière Julie Latour. According to Maltais, the charter was “a choice of society” expressed through its elected representatives who failed to complete their work because the legislature was adjourned.
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