Quebec Bar sounds alarm on threat to legal rights

Tashi Farmilo

The Quebec Bar Association is warning that a trio of proposed laws could quietly shift the province away from democratic norms and into more authoritarian territory by limiting residents’ and institutions’ ability to challenge government actions. The Association says Bills 1, 2 and 3, currently before the National Assembly, introduce provisions that weaken key legal protections and erode the rule of law.

Bar Vice-President Rémi Bourget says the concern is not just legal. It is about the foundation of Quebec’s democratic society. “When we vote for a government, we don’t elect a king,” he said. “We elect leaders who must still be held accountable under the law. That’s what the rule of law is about. Checks and balances.”

The most serious alarm raised by the Bar relates to Bill 1, the proposed Quebec Constitution. Article 5 of this bill would prohibit publicly funded organizations from challenging the constitutionality of a Quebec law. That includes groups like the Bar itself, the Human Rights Commission and professional orders. Bourget said this would mean the very institutions that exist to uphold rights would no longer be able to take legal action when those rights are threatened.

If those organizations choose to challenge the government anyway, their board members could be held personally responsible for the cost of the legal proceedings. “If we vote as directors to go to court, even in good faith, we could personally be forced to repay hundreds of thousands of dollars,” Bourget said. “You could lose your house. That’s not an exaggeration.”

Bill 3 targets unions and workplace associations, including teacher and healthcare worker unions that have challenged government legislation in recent years. If passed, the law would impose fines of up to $50,000 on associations that take steps considered contrary to the law’s new limits. The Bar sees this as a direct attack on the ability of unions to defend their members' rights in court.

Bill 2 includes new powers for government-appointed investigators in the health sector. These investigators would be allowed to prevent doctors from discussing certain matters even with their family, under threat of sanction, without a court order. Bourget said this level of control over speech is unprecedented in Quebec law. “If we lose doctors because they are under stress or surveillance, we also lose access to care. That affects everyone.”

The Bar is asking the government to remove several provisions from all three bills. These include Article 5 of Bill 1, Articles 7 and 9 of Bill 3 and sections 141 to 163 and 173 of Bill 2. Although the Minister of Health has said some parts of Bill 2 will not be enforced, the Bar insists that verbal promises are not enough.

For the average person, Bourget said the impact may not be felt immediately, but the consequences are serious. “Most people can’t afford to spend ten years and a million dollars fighting their government in court. That’s why we have unions, associations, and professional orders. They pool resources to defend individual rights. These bills are targeting those support systems.”

He compared the erosion of legal protections to losing your health. “You take breathing for granted until one day you can’t. That’s how the rule of law works too. You don’t feel its loss until it’s too late.”

The Bar has formally submitted briefs and called for the government of Quebec to withdraw the most concerning elements of the legislation. It hopes to be heard before the bills are adopted.

“What is at stake,” Bourget said, “is not only the ability to enforce rights, but also the basic structure that allows people to do so. We are not just targeting rights themselves but the conditions that make it possible to exercise them.