PQ Warns Liberal Victory Could End Quebec’s Law 21

by Chief Editor

The Parti Québécois (PQ) has expressed concerns that a victory for the Liberals in the upcoming October elections could lead to the termination of Law 21 on secularism. This fear stems from the decision by the Liberal leader to forgo the renewal of the notwithstanding clause that currently protects the law.

A Clash Over Judicial Oversight

The controversy follows statements made by Charles Milliard, leader of the Parti libéral du Québec (PLQ), who reiterated on 98.5 FM that he would not renew the notwithstanding clause protecting Law 21 in 2029. Milliard stated that since the law currently exists, the party intends to listen to the forthcoming judgment from the Supreme Court.

Pascal Bérubé, a MNA for the Parti Québécois, reacted to these comments by arguing that the PQ is the only political formation capable of replacing the CAQ while ensuring the protection of the Quebec model of secularism.

Did You Know? The notwithstanding clause currently protecting Law 21 would require renewal by 2029 to maintain its shield against certain judicial challenges.

Risks of Supreme Court Intervention

Bérubé warned that a government led by Milliard could expose the province to the end of its secularism model. While noting that one cannot presume the outcome of a legal ruling, he described the possibility of the Supreme Court invalidating Law 21 as a “real possibility.”

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According to Bérubé, the history of the Supreme Court regarding Quebec’s fundamental laws has been marked by a “multiculturalist” tendency.

Expert Insight: The tension here lies in the trade-off between legislative sovereignty and judicial review. By choosing not to renew the notwithstanding clause, the PLQ is signaling a willingness to let the judiciary determine the law’s constitutionality, a move the PQ views as a strategic vulnerability that could dismantle a core social model.

Implications for Quebec Society

The PQ representative asserts that the end of Law 21 would constitute a “step backward” for Quebec society. Bérubé argued that such a result would allow religion to accept more space in the public sphere while causing freedom of conscience to recede.

Political Consistency and Law 96

The debate also touched upon Law 96, where Charles Milliard recently faced scrutiny for shifting positions on the renewal of its notwithstanding clause. Initial statements in favor of renewal reportedly caused friction within his party, leading to a suggestion of modifying the law to avoid the clause, before he eventually stated he would invoke it “if necessary.”

What a Liberal Victory Means for Canada

Bérubé concluded that Milliard is following the same trajectory as previous Liberal leaders, from Jean Charest to the present, suggesting that the party’s fundamental position on secularism remains unchanged.

Frequently Asked Questions

Why is the Parti Québécois concerned about the Liberal Party’s platform?

The PQ fears that if the Liberals win the October elections, they will not renew the notwithstanding clause for Law 21 in 2029, which could lead to the law being invalidated by the Supreme Court.

Why is the Parti Québécois concerned about the Liberal Party's platform?
Milliard Supreme Court

What is Charles Milliard’s position on Law 21?

Charles Milliard has stated that he will not renew the notwithstanding clause in 2029 and believes the government should listen to the judgment of the Supreme Court.

What does Pascal Bérubé believe would happen if Law 21 ended?

Bérubé believes it would be a “step backward” for society, where religion would occupy more space in public and freedom of conscience would decline.

Do you believe judicial rulings or legislative protections should have the final say on secularism laws?

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