PQ gone extremist

I am strongly opposed to a bill on immigration that the PQ has tabled in the Quebec legislature.

Here is what it is:

“Under the proposed law, immigrants who can't speak proper French after an appropriate apprenticeship in provincially funded language courses would be forbidden from running for election in provincial and municipal elections as well as those for school boards.”


If immigrants to Quebec want to run for office, they should obviously be able to speak French. But first they have to become Canadian citizens. That takes 3 years at the minimum. These courses would last 3 years. I do not think taking these courses should be mandatory for immigrants if they want to run for office. Immigrants can learn French on their own. Why should the state forbid immigrants to run for office who learn French on their own without taking the government-controlled courses? I expect the law would get a Charter challenge and be struck down. If a PQ majority government then wants to use the notwithstanding clause, that is their choice but I’d expect it to cause a significant backlash in the rest of Canada as it always does when a Quebec government uses the notwithstanding clause to take away rights. But a PQ majority government could only use the notwithstanding clause if the law were struck down on equality grounds. The court could, should and probably would do something much more powerful. The court could strike down the law (or at least a significant portion of it) using section 3 of the Charter. Section 3 of the Charter is not subject to the notwithstanding clause. Section 3 guarantees the right of all Canadian citizens to qualify for membership in the House of Commons or in a legislative assembly. Prisoners don’t qualify even if they are citizens but I’d expect the court to uphold that under Section 1 of the Charter. Now, if a court struck down the proposed law under Section 3 of the Charter, it may only be able to void the restrictions on running for the National Assembly. Because school boards and municipal councils may not count as legislative assemblies, the court may have to leave the restrictions for running for school boards and municipal councils intact. But if the Supreme Court were to strike down the restrictions on running for the National Assembly under Section 3 of the Charter, it would be a significant blow for a PQ government and could not be overturned by the notwithstanding clause.

In short, as I have demonstrated, the bill in question introduced in the National Assembly is unconstitutional.


Also, under this unconstitutional law, would immigrants who already know French upon arriving in Quebec also be forced to take those courses? The article did not say whether the Quebec government or the ADQ supports this bill. I’ve since found out the government does not support this bill. I still don’t know whether the ADQ supports this bill. Because it is a minority government, the bill could conceivably pass without the government’s consent. In a case like this, the premier might have to order the Lieutenant Governor not to give the bill Royal Assent if he opposes it strongly enough.

Also take a look at this quote from the article:

”Among the measures proposed by the PQ are the creation of a Quebec constitution and a certificate of citizenship, the reinforcement of the province's language laws and the revision of the provincial charter of rights.”

What is this “certificate of citizenship”? Is this some kind of Quebec citizenship? If so, I am very strongly opposed to this proposal. Quebec is part of Canada and has no authorization to implement its own citizenship. Any attempt to do so would likely be unconstitutional. This is just one more reason why I don’t want the PQ back in power.


Source:
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20071019/immigrants_french_071019/20071019?hub=Politics