Quebec's Constitution: An Anomaly In Canadian Constitutional Law?

Quebec has been a part of the Canadian Constitution since the British North American Act of 1867, which established Canada as a self-governing part of the British Empire. However, the province has had a complex relationship with the Canadian Constitution, with several unique considerations and challenges. Quebec has its own constitution, which the Parliament of Quebec has the power to modify, and the province has, on several occasions, discussed consolidating its scattered constitutional elements into a single document. While Quebec cannot secede from Canada unilaterally, as per the Supreme Court of Canada's ruling in 1998, the province does have the ability to amend its own legislature and constitution.

Explore related products

La constitution autochtone du Canada

$63.83

The Constitution of Canada in Its History and Practical Working

$23.95

Constitutions Et Règlements Des Fermiers Unis De Quebec: Anciennement L'union Interprovinciales Des Fermiers-Unis Du Canada; Incorporée Sous Chartre ... Jour De Septembre 1918 (Classic Reprint)

$29.57 $34.97

Yale Lectures on the Responsibilities of Citizenship: The Constitution of Canada in Its History and Practical Working

$16.45

Constitutional Culture, Independence, and Rights: Insights from Quebec, Scotland, and Catalonia

$82.68 $90

Constitutions Du R.p.j. Lalemant Pour Les Ursulines Du Canada, 1647-1681. Partie Spirituelle (French Edition)

$25.95

Quebec's provincial constitution

The Constitution Act, 1867, contains provisions pertaining to the provinces of Canada in general and Quebec in particular. It also includes organic laws regarding the distribution of powers of Quebec and the individual rights of persons, such as the Act respecting the National Assembly, the Executive Power Act, the Election Act, and the Charter of Human Rights and Freedoms.

The Parliament of Quebec has the power to modify certain parts of its provincial constitution, while other parts can only be modified by amending the Constitution of Canada. Quebec has discussed consolidating its constitution into a single document, but this has not happened. In 2024, the Quebec Liberal Party proposed a Quebec Constitution, and Coalition Avenir Québec Premier François Legault expressed openness to the idea. As of 2025, Simon Jolin-Barrette is the minister drafting a Quebec constitution.

Quebec has the right to amend its constitution, as affirmed by Prime Minister Justin Trudeau, who stated that permission from other provinces or the federal government is not needed. This is because a province can amend legislation concerning itself, and Quebec's proposed amendments are not to a provincial law but to the Constitution Act, 1867, which is part of the Constitution of Canada. However, some experts argue that Quebec's proposed changes to the Constitution Act, 1867, should trigger a general constitutional amendment requiring the approval of seven provincial legislatures and the federal Parliament.

Quebec's independence

The modern independence movement, also known as sovereignism, began during the Quiet Revolution of the 1960s. The movement was motivated by the belief that the economic difficulties of Quebec were caused by English Canadian domination and could only be resolved by altering or terminating ties with other provinces and the central government. The Parti Québécois, a powerful separatist party, was established in 1967 to advocate for secession from the confederation. In the 1970 elections, the Parti Québécois won 24% of the popular vote, but it was not until the 1995 referendum that Quebec separatism posed a serious threat to Canadian unity. In this referendum, citizens of Quebec voted by a narrow margin of 50.6% to 49.4% to remain within the federation of Canada.

Sovereignists argue that the people of Quebec have the right to self-determination, which includes the possibility of choosing between integration with another state, political association, or independence. They believe that a sovereign Quebec nation would be better equipped to promote its economic, social, ecological, and cultural development. Additionally, they argue that an independent Quebec would allow Québécois to have a national citizenship and protect their culture and collective memory from appropriation by other nations.

While Quebec does not have a written provincial constitution, the Parliament of Quebec has the power to modify certain parts of its provincial constitution. However, some parts can only be modified by amending the Constitution of Canada. Quebec has discussed gathering the scattered elements of its constitution into a single document, but this has not come to fruition. In 2024, the Quebec Liberal Party proposed a Quebec Constitution, and as of 2025, Simon Jolin-Barrette is the minister drafting it.

The Canadian Supreme Court

The Supreme Court of Canada (SCC; French: Cour suprême du Canada, CSC) is the highest court in the Canadian judicial system. It is comprised of nine justices, whose decisions are the ultimate application of Canadian law. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and civil law) and bilingual, hearing cases in both official languages of Canada (English and French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law can, in effect, be nullified by legislation, unless the particular decision of the court in question involves the application of the Canadian Constitution, in which case, the decision (in most cases) is completely binding on the legislative branch. This is especially true of decisions that touch upon the Canadian Charter of Rights and Freedoms, which cannot be altered by the legislative branch unless the decision is overridden pursuant to section 33 (the "notwithstanding clause").

The creation of the Supreme Court of Canada was provided for by the British North America Act, 1867, renamed in 1982 as the Constitution Act, 1867. The first bills for the creation of a federal supreme court were introduced in the Parliament of Canada in 1869 and 1870 but were withdrawn. It was not until April 8, 1875, that a bill was passed providing for the creation of the Supreme Court of Canada. However, prior to 1949, the Supreme Court did not constitute the court of last resort: litigants could appeal SCC decisions to the Judicial Committee of the Privy Council in London. Some cases could bypass the Supreme Court and go directly to the Judicial Committee from the provincial courts of appeal.

The Supreme Court has the ultimate power of judicial review over Canadian federal and provincial laws' constitutional validity. If a federal or provincial law has been held contrary to the division of power provisions of one of the various constitution acts, the legislature or parliament must either live with the result, amend the law so that it complies, or obtain an amendment to the constitution. If a law is declared contrary to certain sections of the Charter of Rights and Freedoms, Parliament or the provincial legislatures may make that particular law temporarily valid again by using the "override power" of the notwithstanding clause. In one case, the Quebec National Assembly invoked this power to override a Supreme Court decision (Ford v Quebec (AG)) that held that one of Quebec's language laws banning the display of English commercial signs was inconsistent with the Charter.

In 2006, an interview phase by an ad hoc committee of members of Parliament was added to the appointment process for new justices. The prime minister still has the final say on who becomes the candidate that is recommended to the governor general for appointment to the court. Under the revised process, " [any] Canadian lawyer or judge who fits specified criteria can apply for a seat on the Supreme Court, through the Office of the Commissioner for Federal Judicial Affairs." Functional bilingualism is now a requirement.

Explore related products

Special Lectures 2001: Constitutional and Administrative Law (Special Lectures of the Law Society of Upper Canada)

$107.75

CONSTITUCIÓN DE CANADÁ: LEYES CONSTITUCIONALES DE 1867 A 1982 CON SUS ENMIENDAS HASTA 2011 (Spanish Edition)

$0.99 $9.99

Confederation in Crisis (Canadian Issue)

$19.95

Intercolonial Union: The Proposed Constitution, as Adopted by the Quebec Conference in October, 1864 (Classic Reprint)

$34.27

Constitution of Canada. The British North America act, 1867; its Interpretation, Gathered From the D

$30.95

The Book of Constitution of the Grand Lodge of Quebec Ancient, Free and Accepted Masons: As Revised, Amended and Adopted by Grand Lodge, at the Annual ... to February 13th, 1907 (Classic Reprint)

$21.27 $28.27

The Canadian Confederation

The idea of unification was first presented by Lord Durham in his 1839 Report on the Affairs of British North America, which resulted in the Act of Union 1840. In 1857, Joseph-Charles Taché proposed a federation in a series of 33 articles published in the Courrier du Canada. Two years later, Alexander Tilloch Galt, George-Étienne Cartier, and John Ross travelled to the United Kingdom to present the British Parliament with a project for the confederation of the British colonies. The proposal was received with indifference by the London authorities. However, the royal tour of British North America undertaken by Queen Victoria's son, Prince Albert Edward (later King Edward VII) in 1860, helped lead to the unification of the colonies by confirming a common bond between their inhabitants. Indeed, the monarchy played a pivotal legal and symbolic role in cementing the new Canadian union.

The term "Confederation" arose in the Province of Canada to refer to proposals beginning in the 1850s to federate all of the British North American colonies, as opposed to only Canada West (now Ontario) and Canada East (now Quebec). To contemporaries of Confederation, the con- prefix indicated a strengthening of the centrist principle compared to the American federation. In this Canadian context, confederation describes the political process that united the colonies in 1867, events related to that process, and the subsequent incorporation of other colonies and territories. The word is now often used to describe Canada in an abstract way, such as in "the Fathers of Confederation".

The individuals who brought the other provinces into Confederation after 1867 are also referred to as Fathers of Confederation. For example, Amor De Cosmos, who was instrumental in bringing democracy to British Columbia and in bringing the province into Confederation, is considered a Father of Confederation. Additionally, the wives and daughters of the thirty-six men who were Fathers of Confederation were also integral. They hosted social gatherings at the three conferences and contributed to the historic record and political landscape.

The Constitution Act, 1867

While the act was endorsed by all provincial governments except Quebec, it is important to note that Quebec has the power to modify certain parts of its provincial constitution. The sections that Quebec proposes to amend are technically not part of the Canadian Constitution but are parts of Quebec's provincial constitution, which is enshrined in the Constitution Act of 1867.

Frequently asked questions