Picking judges, keeping the GST and severing health transfers: Quebec has a new autonomy playbook

OTTAWA — Premier François Legault says he is taking under consideration recommendations from a provincial committee that Quebec adopt its own constitution and stop accepting federal health transfers in exchange for taking its share of the GST.

The Legault CAQ government set up a constitutional advisory committee in June to further its autonomy and get more powers away from Ottawa. The committee this week presented 42 recommendations to the premier.

“This is a new constitutional posture… in terms of seeking greater autonomy and in defending our skills, our collective interests and what we are, that is to say a nation distinct from other federated states,” said committee co-chair Sébastien Proulx at a press conference.

Among the recommendations are negotiating and adopting a constitutional amendment resolution requiring the federal government to designate judges of the Superior Court and the Court of Appeal of Quebec from lists of candidates provided by Quebec.

It also recommends the adoption of a Quebec constitution and the creation of a constitutional council and a parliamentary committee dedicated to constitutional or international affairs.

In addition, the committee suggested Quebec use a single income tax return administered by the province, who would then remit the federal share to Ottawa. The idea is far from new, and the federal government has shown no interest in granting the power to the province.

The committee also says Quebec should work to abolish the federal health transfer, which allows Ottawa to set conditions for how health care is delivered, despite being a provincial jurisdiction. It said it could argue for doing so on its own or in an alliance with other provinces, and suggested trading the health transfer for control of GST revenues collected in the province.

“Limiting the influence of the Canada Health Act and allowing Quebec to choose the means it wishes to take to provide quality and timely care to its population is indeed clearly preferable to any other situation,” the committee wrote in its report.

Some of these proposals could be implemented unilaterally or with the federal government’s approval. Recently, Quebec adopted French as the official language of Quebec without Ottawa’s consent. It also unilaterally abolished the mandatory oath to the king for members of the National Assembly. Both measures defied stipulations in Canada’s Constitution.

“We will analyze these recommendations in detail, and it is certain that all measures to strengthen Quebec’s autonomy are welcome,” Legault said Tuesday. He emphasized that considerations will include “the possibility of having a Quebec constitution.”

He went further Wednesday, saying that he was “open” to a Quebec constitution before the 2026 provincial election.

The federal government currently regards the idea as hypothetical until it sees a concrete proposal. Jean-Yves Duclos, the prime minister’s Quebec lieutenant, said in an interview that he wanted to “avoid doing the work of the Quebec government.”

“We understand that this is a report that Mr. Legault wants to analyze carefully. We will see later what Mr. Legault wants to do with this report,” he said.

“The report has been received by the Quebec government, and it is the Quebec government that now has the right and I believe the agenda to deal with it over the coming weeks and months and we will see what comes out of it,” he added.

The idea of a Quebec constitution was first mooted in 1858. Recently, the Quebec Liberal Party passed a resolution at its convention to propose one.

Legal scholars generally agree that a provincial constitution could never legally override the Constitution of Canada in law.

In theory, the National Assembly has the legal authority to enact a constitution for Quebec if it so wishes. But constitutional experts have argued that a referendum on such a sensitive document would give it greater legitimacy.

National Post [email protected]

Get more deep-dive National Post political coverage and analysis in your inbox with the Political Hack newsletter, where Ottawa bureau chief Stuart Thomson and political analyst Tasha Kheiriddin get at what’s really going on behind the scenes on Parliament Hill every Wednesday and Friday, exclusively for subscribers. Sign up here.

Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark nationalpost.com and sign up for our newsletters here.