at a minimum, an authorisation from the House of Commons and the Senate. Section 43 of the Constitution specifies that any reforms that relate to the use of English or French language within a province requires authorisation from the House, the Senate and the legislature of the relevant province. On the other hand, the assentation of Quebec’s status as a nation has an even higher threshold for inscription in the country’s supreme law.
Quebec Premier François Legault’s argument is that the unilateral modifications rely on Section 45, which states that the legislature of each province “may exclusively make laws” which amend the constitution of the territory. However, experts point out that defining a province as a nation would have implications not only on the relevant province, but across the country, with potential to alter the structure of federation.
Nevertheless, ahead of a possible election this year, federal parties are handling the question of Quebec’s language and identity with much care, as they seek to avoid stirring up anger in the province. Meanwhile, seizing the opportunity to shore up support and secure votes, the Bloc Québécois has decided to table a motion next week, requesting the members of the House to commit to steer clear of any legal challenges not only to the proposed reforms but also to the claim that Quebec does not require federal approval for the provisions.
