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Decentralized Democracy

House Hansard - 157

44th Parl. 1st Sess.
February 9, 2023 10:00AM
Context: House Hansard - 157 - Feb/9/23
Mrs. Julie Vignola (Beauport—Limoilou, BQ)
  • Feb/9/23 10:35:12 a.m.
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Mr. Speaker, the notwithstanding clause has been used many times, in particular with respect to the agricultural succession act, the Employment Equity Act, small claims court and the youth court, without anyone having thought to ask the Supreme Court to rule on the notwithstanding clause. Turning to the Supreme Court becomes an option when Quebec wants to defend its culture, its differences, its nation and its values. Is that not highly discriminatory? I would like my colleague to speak to that.
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Context: House Hansard - 157 - Feb/9/23
Mr. Yves Perron
  • Feb/9/23 1:27:03 p.m.
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Madam Speaker, regarding the bill on farm succession, as a society, Quebec has decided to give young people a leg up as they are starting out in agriculture. This is certainly discriminatory, because it provides them with financial support that we are not offering to older people. The notwithstanding clause is being used. It may come as a surprise, but we are talking about ordinary laws. The notwithstanding clause in the Employment Equity Act has been used to encourage the hiring of women and visible minorities. As my colleague from Rivière-du-Nord mentioned earlier, lawyers are not allowed in small claims court, so that people can avoid having to mortgage their homes to defend cases involving smaller amounts of money. Otherwise, someone could say they have a right to a lawyer and scrap the whole system. It is used in intelligent ways like that. Is it really unreasonable to protect children's privacy in cases involving the rights of youth? I think the Quebec government has demonstrated that it is reasonable. As I was saying earlier, today we are seeing a clash of cultures. The 1982 Constitution was imposed on us. We live with it because we do not have a choice and because a court decided that it was all right. Now we are being asked to give up the opportunity to use the notwithstanding clause and to give this power to those same judges. Seriously? We are talking about the power of elected members to get elected, to make collective choices and to present their vision of society to their voters. Today individualism is being pitted against collective values. In Quebec, we decided that we live together with shared values, and we want that to continue to work. The federal government constantly obstructs the work we have to do as administrators. We saw it again this week. We cannot get our own damned money back so we can manage our hospitals. Federal laws constantly interfere with Quebec's laws. There is constant duplication of legislation, especially in immigration, which was mentioned by someone earlier, and horrible delays are created by the federal government. That is a constant. When we do get a reasonable measure we can use to create our own laws and protect them, we are told that we cannot use it unless we spend 10 years in court first. Let us be reasonable. The motion is not revolutionary. We are calling on the government to acknowledge the contract it made behind our backs and have a modicum of decency and respect it. Quebec needs it to protect our language. Who could blame anyone who arrives in Quebec from anywhere else from opting for English, when they realize that using English is no problem and there is a pool of 400 million anglophones around? That is why we need legislation. As far as religion is concerned, it was mentioned earlier, people are pitting Canada's model of religious neutrality against the model of secularism that we have chosen in Quebec. Quebec has a history with this. One day we finally had enough and said everyone can have their own religion, but not in the government. Individual rights get mixed up when we have these debates. My individual right ends where the rights of others begin. If I represent a government, then I should not be imposing my personal symbols on people I welcome or serve. It is as simple as that. It is not discrimination, but because of the Constitution, which we did not sign, we have to use this notwithstanding clause. We need it. It is a democratic tool. I want members of the House to stop with the rhetoric about the big beautiful country where everyone is different. I would like them to try for just 30 seconds to stop trampling over and muzzling Quebec. Any time the least little thing happens, the government lets a bit of time go by and then finds another way to try to once again bury Quebec and deprive it of its tools. Fortunately, the Bloc Québécois is still in Ottawa after all these years. It is a good thing we are here to hold down the fort. Today, Quebec is faced with a choice. It can assimilate into the Canadian model or retain its differences and become independent. I think the choice is becoming more and more obvious. Long live independence.
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