Liberal leader nuances his pledge to use the notwithstanding clause on Bill 96
QUEBEC — Faced with a backlash from the English-speaking community and members of his caucus, Liberal Leader Charles Milliard has adjusted his message on the use of the Constitution’s notwithstanding clause to shield Bill 96 from court challenges.
After saying Thursday he would make use of the clause to protect the law adopted by the Coalition Avenir Québec government in 2022, Milliard downgraded that to a “maybe.”
“There will be changes to Bill 96 on the elements I have been talking about for a year and half; that is to say the administrative burden it imposes on companies and the six-month period accorded (for immigrants) to learn French and correspond with the state,” Milliard told reporters at an event he was attending in Lévis.
“After that, once we have a new version of this law, we will see if it is necessary to use the clause or not.”
Milliard’s line was different from a day earlier when, under a hail of questions from legislative reporters, Milliard surprised many by saying he would renew the clause that allows a government to override fundamental rights.
“I would be in favour of conserving it (the clause) if I can make the changes I want,” Milliard said in French and English. “What I am saying is that I want to change two significant elements of Bill 96 and I am in favour of the rest.”
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A government can use the clause for five-year periods. On Bill 96, it is up for renewal in 2027, which is after the next provincial election in October 2026.
His remarks sparked an uproar in the English-speaking community with angry listeners venting on Montreal radio station CJAD even after he tried to explain himself to listeners.
“What I said yesterday is that I want to fix Bill 96 so that the notwithstanding clauses will not be necessary,” Milliard said on the radio.
The English community advocacy group, TALQ, said the comment came as a surprise and reminded Milliard the right to judicial reviews of laws is fundamental in any society.
Milliard’s comments also raised eyebrows inside the Quebec Liberal caucus because it was a change of position from the past.
In the 2022 election campaign, then-Leader Dominique Anglade said she would alter, but not repeal, Bill 96 if elected, adding she would drop the use of the clause in Bill 96 and let the courts decide the future of the law.
Her position was seen as an attempt to boost nationalist support of the party while not alienating its anglophone and allophone base. Neither side was happy.
Later, a committee set up by the party in 2023 to chart the renewal of the Liberal brand and co-chaired by MNA Madwa-Nika Cadet and former senator André Pratte produced a 97-page report that said the preventive use of the clause, which is what the CAQ policy was, would be discouraged.
On Friday, speaking to reporters, Milliard refuted reports he was forced to call an emergency caucus meeting to calm the fears of anglophone MNAs in particular.
He said the caucus meeting Thursday was to discuss the news about the new Liberal candidate in the riding of Saint-Rose, Dr. Cécile Tremblay, who Quebecers got to know during the COVID-19 pandemic.
Milliard repeated anglophones need to understand the Quebec Liberals want to protect French and the rights of minorities.
“They need to understand, like all Quebecers, that the protection of French is important to the Liberal party,” Milliard said. “Contrary to the CAQ, I will do it protecting the traditional rights of the communities.”
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