PREAMBLE

WHEREAS the people of Quebec are free to take charge of their own destiny, to determine their political status and to ensure their economic, social and cultural development;

WHEREAS there is a need to give Quebec a Constitution in which all the people of Quebec can create a constitutional law state that is sovereign and democratic and in which the equality of men and women will be recognised;

GIVEN the attachment of Quebec to individual freedom, social justice and political pluralism;

GIVEN the importance of the objective of ensuring the quality and influence of the French language and of making it the common language of the people of Quebec;

WHEREAS Quebec intends to continue to strive for this objective in a spirit of justice and openness while respecting the rights and the institutions of the Anglophone community in Quebec;

WHEREAS Quebec recognizes the aboriginal nations of Quebec as having the right to govern themselves and to develop their identity and their own culture and to ensure the progress of their nations;

WHEREAS Quebec considers the contribution of the ethnocultural communities to the development of Quebec to be essential;

GIVEN the importance of co-operating in order to strengthen the friendly relations and co-operation among the states and peoples of the earth;

GIVEN the solemn duty assumed by Quebec to protect and to improve the environment for the present and for future generations;

THEREFORE the provisions set out hereafter are accepted as forming the Constitution of Quebec:

THE STATE AND OF SOVEREIGNTY

Article 1 - Principles on which the State is established

1. Quebec is constituted as a sovereign and democratic constitutional law state. Its essential values are individual freedom, social justice and political pluralism.

2. Quebec is the State of all its citizens. In the absence of any other remedies, the people of Quebec shall have the right to resist any person who wishes to overthrow the democratic system.

Article 2 - Essence and exercise of sovereignty

1. National sovereignty resides in the common destiny chosen by all the people of Quebec; it shall be exercised by means of elections and referendums. Popular suffrage shall always be universal, direct, equal and secret.

2. The organs responsible for the delegated exercise of popular sovereignty shall be the National Assembly, the government, the President of Quebec and the Supreme Court. These organs shall observe the principles of the separation and interdependence of powers.

3. All political power shall be subject to the constitutional order and shall be exercised in accordance with the Constitution. The system shall permit pluralism of expression and of democratic political organizations as well as respect for the fundamental rights and essential freedoms and guarantee that they may be exercised and used.

4. This Constitution is the supreme law of Quebec. The provisions of any other law that are inconsistent with it shall be of no force or effect.

Article 3 - Languages of the State

1. French shall be the official language of the Quebec State.

2. Together with French, the English language and the aboriginal languages form part of the linguistic richness of Quebec and constitute a cultural heritage that must be protected and to which particular respect should be paid.

Article 4 - Signs of the State's identity

1. The flag of Quebec shall contain the fleurs de lis. It shall consist of four white lily flowers on an azure blue ground separated by white stripes crossing vertically and horizontally.

2. The capital of the State is the City of Quebec. The City of Montreal shall have the status of the metropolis of Quebec.

3. The motto of the State shall be «Je me souviens».

TITLE 2 - THE RIGHTS, FREEDOMS AND DUTIES OF INDIVIDUALS

Article 5 - Guarantees, restriction and suspension

1. This Title guarantees the rights and freedoms set out in it. Any person who is the victim of a violation of the rights and freedoms guaranteed by this Title may apply to a court of competent jurisdiction to obtain the relief that the court shall consider appropriate and fair in the circumstances.

2. The rights and freedoms guaranteed by this Title are subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

3. If a law or a provision in a law of the National Assembly of Quebec has been declared invalid as being contrary to one of the rights and freedoms guaranteed by this Title, the National Assembly may enact legislation that suspends the rights and freedoms set out in this Title. Such legislation shall cease to have effect on the date that is indicated therein or not later than five years following its coming into effect. The National Assembly may enact such legislation again. The National Assembly may enact such legislation solely in accordance with the conditions set out in paragraph 2 of article 33.

4. The preceding paragraph shall not authorize any suspension of paragraphs 1 and 2 of article 6, paragraph 1 of article 8, article 13, subparagraph 1(g) of article 16 and article 21. Nor shall it authorize the suspension of the legal guarantees that are essential to the protection of the above-mentioned rights.

Article 6 - Right to life

1. Every human being has the right to life and to security, integrity and freedom of the person.

2. In no case may a human being be subject to the death penalty or to torture or to cruel, inhuman or degrading punishment or treatment.

3. Every human being shall also have legal personality.

4. Every human being whose life is in danger has a right to assistance. Every person shall provide necessary and immediate assistance unless to do so would place this person or a third party at risk or for any other reasonable cause.

Article 7 - Right to privacy

1. Every person has a right to the maintenance of his or her dignity, honour and reputation.

2. Every person has a right to respect for his or her privacy.

Article 8 - Right to freedom

1. Every person shall have freedom of conscience and religion.

2. Every person shall also have freedom of opinion, freedom of expression, freedom of peaceful assembly and freedom of association.

3. No one may be deprived of his or her freedom or his or her rights except for the reasons indicated in the law and in accordance with the prescribed procedure.

4. No one may be subject to unreasonable search or seizure.

Article 9 - Freedom of movement and residence

1. All individuals enjoy the freedom to move throughout the national territory and freely to choose their place of residence.

2. All individuals have the right to emigrate, to leave the national territory freely and to return to it.

Article 10 - Right to property

1. Every person has a right to the peaceful enjoyment and the free disposal of his or her property, except to the extent provided for by law.

2. A dwelling place shall be inviolable.

3. No one may enter the homes of others or take anything from there without the express or written consent of those others.

Article 11 - Right to professional secrecy

1. Every one is entitled to respect for professional secrecy.

2. Every person required by law to maintain professional secrecy and any priest or other minister of religion may not, even in a court of law, disclose the confidential information confided in them by reason of their status or profession, unless they are authorized by the person who revealed these confidences to them or by an express provision of the law.

3. The court shall, on its own initiative, ensure respect for professional privilege.

Article 12 - Right to equality

1. All persons are equal before the law and are entitled to the equal protection of the law without discrimination. In this respect the law prohibits all discrimination on the grounds of age, colour, civil status, pregnancy, disability, language, birth, political and any other opinion, national or social origin, sexual orientation, race, religion sex or any other factor.

2. The preceding paragraph does not have the effect of prohibiting laws, programs or activities designed to improve the situation of disadvantaged individuals or groups, specifically on account of their age, colour, civil status, pregnancy, disability, language, birth, political or any other opinion, national or social origin, sexual orientation, race, religion, sex or any other factor.

3. No one may harass a person on account of one of the grounds set out in paragraph 1 of this article or disseminate, publish or exhibit or authorize the dissemination, publication or exhibition of a notice, symbol or sign that involves discrimination in public.

Article 13 - Political rights

1. Every person has the right to submit petitions, representations, claims and complaints to the National Assembly in order to defend his or her rights, the constitutional order or the public interest.

2. All individuals have the right to take part in political life and in the management of the public business of the state, directly or through freely elected representatives, and are eligible to stand in the national elections.

3. All adult citizens over the age of eighteen years shall have the right to vote in elections and referendums, unless they are disqualified from doing so in accordance with the law.

Article 14 - Right to a hearing

1. Every person has the right in complete equality to a public and impartial hearing of his or her case before an independent and unprejudiced tribunal, whether it is a case of determining the individual’s rights and duties or the merits of any accusation brought against the individual.

2. However, the tribunal may order an in camera hearing in the interests of public morals or public order. Every person has the right to be represented or assisted by counsel before any tribunal.

3. A person may not be tried a second time for an offence of which he or she has previously been acquitted or convicted in a judgement that has attained the status of res judicata.

4. No testimony before a court may be used to incriminate the person giving it, except in cases of a prosecution for perjury or for contradictory testimony.

Article 15 - Rights of a person who is arrested or detained

1. Every person who is arrested or detained:

(a) shall be treated with humanity and with the respected due to the human person;

(b) has the right to be informed promptly in a language that he or she understands of the reasons for his or her arrest or detention;

(c) has the right to inform his or her family without delay and to retain counsel. The person shall be informed promptly of these rights;

(d) shall be promptly brought before a court of competent jurisdiction or released;

(e) may not be deprived without just cause of the right to recover his or her freedom on giving an undertaking with or without a deposit or bail to appear before the court within the time set.

2. Every person detained in a custodial institution:

(a) has the right to be subject to a separate system appropriate to his or her sex, age and physical or mental condition;

(b) has the right, when awaiting the disposition of his or her case, to be separated, until the final judgement is rendered in the case, from those prisoners who are serving a sentence.

3. Any person deprived of his or her freedom has the right to claim habeas corpus.

Article 16 - Rights of an accused person

1. Every person who is accused of an offence

(a) has the right to be promptly informed of the specific offence he or she is accused of having committed;

(b) has the right to be tried within a reasonable time;

(c) shall be presumed innocent until proof of his or her guilt has been established in accordance with the law;

(d) has the right to make full answer and defence and the right to examine and cross-examine the witnesses;

(e) has the right to the assistance of an interpreter at no cost if he or she does not understand the language used at the hearing or if he or she is deaf;

(f) may not be forced to testify against him- or herself at his or her trial.

2. Every person who is accused of an offence

(a) may not be convicted for an act or omission that, at the time it was committed, did not constitute an offence according to the domestic law of Quebec and was not of a criminal character under treaties, customary rules or the general principles of law;

(b) has the right to the less severe sentence if the sentence for the offence has been amended between the time of the commission of the offence and the time the sentence is imposed;

(c) has the right to be tried by jury when the sentence prescribed is five year’s imprisonment or more.

Article 17 - Right to education

1. Every person has the right, to the extent and within the standards prescribed by law, to free public education.

2. Parents or persons acting in that capacity have the right to require that their children receive a religious or moral education in public educational institutions in accordance with their convictions in the programs provided for by the law.

3. The parents or persons acting in that capacity have the right to choose private educational institutions for their children provided that these institutions meet the standards prescribed or approved by the law.

Article 18 - Right to information

Every person has the right to information to the extent that this is provided for by law.

Article 19 - Right to a decent standard of living

Every person in need has the right to receive the financial assistance and social measures for him- or herself and his or her family that are provided for by law and that are capable of providing this person with a decent standard of living.

Article 20 - Right to work

Every person who works has a right in accordance with the law to fair and reasonable conditions of work that respect his or her health, safety and physical integrity.

Article 21 - Rights relating to the family

1. Every child has a right to protection, security and the attention that his or her parents or persons acting in this capacity can provide for him or her.

2. Within marriage spouses have the same rights, obligations and responsibilities. They shall assume responsibility together for the moral and material direction of the family and the education of their joint children.

3. Every elderly person and every disabled person has the right to be protected against any form of exploitation.

4. Such persons also have the right to the protection and security that their families or the persons acting in that capacity shall provide for them.

Article 22 - Responsibilities

Every person has responsibilities toward his or her family, the community and humanity in which alone this person’s free and full development is possible.

Article 23 - The Aboriginal nations

1. The Aboriginal nations of Quebec are the Abenakis, the Algonquins, the Attikameks, the Cree, the Hurons, the Inuit, the Malecites, the Micmacs, the Mohawks, the Montagnais and the Naskapis. Quebec recognizes that the aboriginal peoples form separate nations of which it is important to preserve the identity and their participation in the development of Quebec.

2. The existing aboriginal or treaty rights of the aboriginal nations of Quebec are recognised and guaranteed. The rights created by treaties concluded subsequently to the coming into force of this Constitution shall enjoy the same protection.

3. The aboriginal nations have the right to use, develop, revitalise or transmit their oral, religious and cultural traditions to future generations.

4. The self-government of the aboriginal nations is the right to have and to control, subject to agreements with the government of Quebec, the institutions that correspond to their needs in the areas of culture, education, language, social services and economic development.

Article 24 - The Anglophone community

1. The Anglophone community has the right to the preservation and free development of its historical, linguistic and cultural identity and of its institutions.

2. The persons belonging to the Anglophone community shall be able to use the English language in the exercise of all their civil and political rights.

3. Children whose parents received an education in the English language in Quebec or in Canada at the primary or secondary level shall have the right to receive an elementary or secondary education in English.

4. Persons belonging to the Anglophone community have the right to manage and control the educational institutions that provide elementary or secondary education in English and public institutions that provide educational, health, religious or cultural services to the public.

Article 25 - The ethnocultural communities

1. Quebec recognizes that the ethnocultural communities contribute to the diversity and take part in the development of Quebec.

2. Persons belonging to the ethnocultural communities may not be deprived of their right to have, in common with the other members of their communities, their own cultural life, to profess and practise their own religion and to use their own language.

Article 26 - Regional and local communities

1. The State of Quebec consists of regional and local communities, which are territorial divisions that have their own legal personality. The number of territorial divisions may be changed only in accordance with the law.

2. Quebec is a decentralised State that guarantees the regional and local communities the right to organize independent management in the fields in which they have jurisdiction and through their own sources of financing.

3. Decentralisation of the powers of management and taxation may not constitute a barrier to the government policy of reducing regional and local disparities.

Article 27 - Responsibilities of the communities

1. The exercise of the rights and freedoms of the communities shall respect the Constitution, the laws and the territory of Quebec.

Chapter 1 - The National Assembly of Quebec

Article 28 - Functions of the Parliament

1. The National Assembly represents all the citizens of Quebec. It shall enact the laws and control the actions of the government.

2. The debates of the National Assembly shall be public. Meetings shall be held in camera only when this is approved by a two-thirds majority of the members and requested by one-fifth of the members of the National Assembly.

Article 29 - Membership

1. The National Assembly shall consist of its members. The number of members shall be one hundred and twenty-five. This number may be changed to reflect demographic changes in Quebec.

2. The members shall be elected in accordance with the system of single-ballot majority representation, by universal, direct, secret, equal and periodic suffrage by the individuals who have their civic rights. The legislative elections shall take place on a fixed date every four years on the first Sunday in May.

3. Any individual in full enjoyment of his or her political rights shall be eligible to stand for election as a member of the National Assembly. Any member who is deprived of his or her position shall by force of law lose his or her parliamentary office.

4. A member may not sit in the National Assembly before swearing the following oath of office: I swear that I shall be loyal to Quebec and that I shall perform my duties as a member of the National Assembly with honesty and justice and respect the Constitution of Quebec.

Article 30 - Immunity of members and protection of the Assembly

1. No member of the National Assembly may be prosecuted, sought, arrested, detained or tried on account of his or her opinions or the votes cast in the performance of his or her duties.

2. Each member shall have the right to fair compensation that guarantees his or her independence.

3. The National Assembly is inviolable and may exercise all the necessary powers to protect itself against any violation of its privileges.

Article 31 - Inconsistency with parliamentary status

1. Any mandate, office or employment for which a salary is paid or a benefit offered in lieu of remuneration with the government, one of its departments, a foreign state or an international institution is inconsistent with the status of a member of the National Assembly. The members of the National Assembly shall avoid placing themselves in such a situation where their personal interests may influence the performance of their duties.

2. The office of member of the council of a regional or local community shall be inconsistent with the status of a member of the National Assembly. The office of director of a corporation of a commercial, industrial or financial nature shall be inconsistent with the office of speaker of the National Assembly.

3. Any member of the National Assembly who, on being elected, finds him- or herself in a situation of inconsistency shall, before being sworn or making a solemn declaration, resign from the office that is inconsistent with the office of member of the National Assembly. If an office that is inconsistent with office of member of the National Assembly falls to a member during his term of office, the member shall resign from either the office or the National Assembly within thirty days and may not sit in the Assembly in the meantime.

Article 32 - Organization of the National Assembly

1. Any individual enjoying his or her political rights may stand for election as a member of the National Assembly. The members shall be elected for not more than four consecutive years from the date of the publication of the names of the candidates declared elected. The terms of office shall in any event not end before new elections have taken place. No one may be elected a member of the National Assembly more than four times.

2. The National Assembly shall elect a speaker and two deputy speakers from among its members at the beginning of its first session. The elected speaker shall be responsible for ensuring security and exercising police powers in the buildings of the National Assembly and no search or seizure may be conducted on the premises of the National Assembly without the speaker’s express autorisation.

3. The National Assembly may create committees or sub-committees consisting of members of the National Assembly responsible for examining any question relating to the matter over which the National Assembly gives them authority and to perform any mandate it confers on them.

4. The National Assembly shall meet as of right in two regular sessions each year during which the quorum shall be one-tenth of the members. The National Assembly may be summoned to an extraordinary session on the initiative of its speaker, the President of Quebec or one-third of its members.

Article 33 - Drafting and enactment of laws

1. The initiative for enacting legislation belongs to the members of the National Assembly. Only a minister may table a bill that is designed to spend public funds, impose a charge on taxpayers, remit a debt of the State or alienate property belonging to the State.

2. The National Assembly may pass a law only by an absolute majority of the members present: this majority may not in any event be less than one-quarter of the legal number of the members of the National Assembly. In the case of all statutes, the vote shall take place by way of a roll call. The National Assembly may pass a law referred to in paragraph 3 of article 5 solely with a two-thirds majority of the members present.

3. A law passed by the National Assembly may not be submitted to a referendum unless, when it is tabled, it contains a provision to this effect as well as the wording of the question to be put in the referendum. This law may not be submitted for approval until it has been submitted to the electors in a referendum and approved by a majority of the votes validly cast.

4. Laws shall be assented to and published by the President of Quebec in accordance with the provisions of the first paragraph of article 44 of this Constitution.

Article 34 - State of emergency

1. In case of an imminent threat to national security, the National Assembly shall, at the request of the prime minister, pass a law creating a state of emergency.

2. If the situation absolutely requires immediate action and if there are insurmountable obstacles to the holding of an immediate sitting of the National Assembly, the perception of an imminent threat against national security and the institution of the state of emergency may take the form of an order by the prime minister authorised by the President of Quebec and the speaker of the National Assembly.

3. The preceding paragraphs do not permit any suspension of paragraphs 1 and 2 of article 6, paragraph 1 of article 8, article 13, subparagraph 1(g) of article 16 and article 21. Nor does it permit any suspension of the legal guarantees required for the protection of the above-mentioned rights.

4. The institution of a state of emergency does not change the principle that the government and its agents may subsequently be liable.

Chapter 2 - The government of Quebec

Article 35 - The function of the government

1. The government is the body that decides upon and implements domestic and foreign policies. It ensures the enforcement of the law, exercises the regulatory power and appoints employees to government positions in accordance with the Constitution and the law.

2. The functions of the government shall be exercised by the Council of Ministers consisting of the ministers, ministers delegate and secretaries of state under the authority of the Prime minister.

3. The government must maintain the confidence of the National Assembly and may stake its future in the National Assembly on a bill or on its program as a whole. The responsibility of the government may also be questioned through a vote on a motion of confidence, tabled with the support of at least one-fifth of the members and passed by obtaining the votes of an absolute majority of the legal number of the members of the National Assembly.

Article 36 - Appointment

1. The Prime Minister shall be appointed by the President of Quebec on the basis of the election results.

2. The other members of the government shall be appointed and recalled by the President of Quebec at the suggestion of the Prime minister.

3. Only a member of the National Assembly may be a minister of the government., However, a person may be appointed and remain minister of the government if the person is elected in the year following such an appointment. A secretary of state does not have to be a member of the National Assembly, but not more than five secretaries of state may be members of the government.

Article 37 - Ministerial functions

1. The Prime minister shall control the actions of the government for the unity of which he or she is responsible. He or she is also responsible for the general policy and national defence of the state.

2. The Prime minister may delegate the exercise of his or her powers. The acts of the prime minister shall be countersigned, whenever necessary, by the members of the government responsible for executing those acts.

3. Each minister, minister responsible and secretary of state shall exercise the jurisdiction set out in the law. Ministers without portfolio shall exercise the jurisdiction that is conferred on them by a decision of the prime minister.

Article 38 - Immunity

1. No member of the government may be prosecuted, sought, arrested, detained or tried in his or her personal capacity for an act or omission perpetrated in the performance of his or her duties.

2. If criminal proceedings are instituted against a member of the government, the National Assembly shall decide whether or not the member should be suspended from his or her duties.

Article 39 - Role of the administration

1. The public administration shall serve the public interest objectively and shall act in accordance with the principles of efficiency, impartiality, co-ordination, hierarchy, decentralisation and deconcentration and shall be fully subject to the law.

2. The organs of the public administration shall be created, governed and co-ordinated in accordance with the law.

3. The exercise of the regulatory power and the legality of administrative actions shall be subject to review by the courts.

Chapter 3 - The President of Quebec

Article 40 - The function of President

1. The President of Quebec is the head of state, the continuity and independence of which he or she shall guarantee.

2. The President of Quebec shall ensure compliance with the constitutional order, shall preside at solemn occasions and shall provide the highest representation of the State of Quebec in its international relations.

Article 41 - Conditions governing the office of President

1. Any individual in full enjoyment of his or her political rights who has attained the age of forty shall be eligible for the office of President of Quebec. A member of the National Assembly may not be elected to the presidency of Quebec. No one may be elected President more than twice.

2. The office of President of Quebec is incompatible with any other paid activity, office or honour.

3. The salary and compensation for the president of Quebec shall be determined by the law.

Article 42 - Election

1. The President of Quebec shall be elected without debate by the members of the National Assembly.

2. The candidate who obtains the votes of a two-thirds majority of the legal number of members of the National Assembly in a secret ballot shall be elected. If no candidate obtains a two-thirds majority in the first two ballots, the person who obtains the greatest number of votes in the third ballot shall be elected.

3. The duration of the term of office of the President of Quebec shall be six years and shall end when a newly elected President is invested.

Article 43 - Presidential powers

1. The President of Quebec shall be kept informed of international negotiations and shall express the consent of the State to be bound by treaties. He shall accredit ambassadors and envoys extraordinary to foreign powers; foreign ambassadors and envoys extraordinary shall be accredited to the President.

2. The President of Quebec shall have the right of pardon and the right to commute or reduce the sentences imposed on any convicted person.

3. Where indicated by the law, the President of Quebec shall appoint and dismiss officials, judges, officers and subordinate officers of the State.

4. The President of Quebec may address messages to the National Assembly. He or she may dissolve the National Assembly at the request of the prime minister.

Article 44 - Assent to and publication of laws

1. Laws shall be assented to within ten days of their enactment by the National Assembly or approval in a referendum in the form of a decree signed by the President of Quebec.

2. In the absence of assent by the President of Quebec within the ten days provided for, the speaker of the National Assembly shall give his assent to the legislation.

Article 45 - Countersignature

1. No act of the President of Quebec shall be valid and shall not be executed without the counter-signature of the prime minister.

2. In exceptional cases, the acts of dissolving the National Assembly as well as appointing the prime minister and the staff of the office of the President of Quebec shall not require a counter-signature.

Article 46 - Laying of charges

1. At the request of one-third of its members, the National Assembly may vote to lay charges against the President of Quebec in the Supreme Court for a deliberate violation of the constitutional order. The decision to lay charges shall be made by a two-thirds majority of the members of the National Assembly.

2. If the Supreme Court makes a finding of guilt, the President of Quebec shall be relieved of his or her office. The decision of the Court as to whether or not there is guilt shall be made within one month of the laying of the charge.

Article 47 - Vacancy

1. Where the President of Quebec is temporarily or definitively unable to perform the duties of the office, the functions of the President shall be performed temporarily by the speaker of the National Assembly or, if he or she is prevented from doing so, by the person replacing the speaker.

2. Where the President of Quebec is definitively unable to perform the duties of the office of President, the National Assembly shall proceed to hold a new election in accordance with the rules in article 42 of this Constitution within a period of one month.

3. While the acting President of Quebec performs the duties of the President, the term of office of the speaker of the National Assembly or the person replacing the speaker shall automatically be suspended.

Chapter 4 - Supreme Court of Quebec

Article 48 - Judicial function

1. The Supreme Court, the jurisdiction of which extends to the whole of Quebec, is the supreme judicial body.

2. It may quash judicial decisions solely for errors of law. The decisions of the Supreme Court are final and are not subject to appeal.

Article 49 - Organisation of the Supreme Court

1. The Supreme Court shall consist of nine members, three of whom shall be appointed by the President of Quebec, three by the Prime minister and three by the speaker of the National Assembly. The
Chief justice of the Supreme Court shall be appointed by the President of Quebec and by a casting vote if an equal number of votes is cast for the candidates.

2. The nine members shall be appointed for a single term of nine years. One-third of the judges shall be replaced every three years by the appointment of a new member by each of the three person authorized to do so in the first paragraph of this article.

3. The Supreme Court shall hear all appeals from any decision of the Quebec Court of Appeal and other courts to the extent that this Constitution and the law provide.

Article 50 - Constitutional Chamber of the Supreme Court

1. A constitutional chamber of the Supreme Court shall be responsible for rendering decisions on the compliance of laws and treaties with the Constitution. It shall so render its decisions within a period of one month.

2. In order to guarantee that a law is constitutional, the President of Quebec, the Prime minister, the `Speaker of the National Assembly or thirty-five of the members of the National Assembly may submit the question to the constitutional chamber and the Supreme Court before the giving of assent, the time limit for which is suspended. A law that is declared to be unconstitutional may not be assented to.

3. In order to guarantee the constitutionality of a treaty, the President of Quebec, the Prime minister, the Speaker of the National Assembly or thirty-five members of the National Assembly may submit the question to the constitutional chamber of the Supreme Court before the treaty is approved or before consent to the treaty’s having binding effect is given. The National Assembly may not approve a treaty that is declared to be unconstitutional and the President of Quebec may not express the consent of Quebec to be bound by a treaty that is declared to be unconstitutional.

4. If during a dispute there are doubts as to the constitutionality of a law or a treaty on which a judge’s decision depends, the judge may adjourn the proceedings and submit the question to the constitutional chamber of the Supreme Court. If a law is declared to be unconstitutional, the application of this law shall be suspended until the Constitution is amended. If a treaty is declared to be unconstitutional, the application of this treaty shall be suspended until the Constitution is amended.

Article 51 - Other courts in Quebec

1. The other civil, criminal or civil and criminal courts of Quebec shall be the Court of Appeal of Quebec and the Court of Quebec.

2. The judges of the courts of Quebec shall be independent and subject only to the law. They may not be removed from office and may not be transferred, suspended or placed in retirement against their will until they reach the age of seventy-five years or be removed from office except pursuant to a judicial decision and solely on the grounds and solely in the form prescribed by law.

3. The judges shall be selected from among the members of the Québec Bar. However, they constitute a single body and are subject to a single status.

4. No court and no jurisdiction to which disputes may be taken may be established solely in accordance with the law. No commission and no extraordinary or special judges may be created under any name or title whatsoever.

TITLE 5

THE INTERNATIONAL COMMUNITY AND THE CANADIAN UNION

Article 52 - Participation in the International community

1. Quebec shall participate in the international community and conduct its international relations in accordance with the principles of national sovereignty, respect for the rules of international law, the sovereign equality of states, co-operation with international institutions and the peaceful settlement of international disputes.

2. With the consent of the National Assembly and the public through a referendum, Quebec may transfer the exercise of jurisdiction by treaty to international institutions of a universal or regional nature.

3. When they are officially published, the decisions of international institutions with which Quebec is required to comply, shall take precedence over the laws and shall directly give rise to rights and obligations for the inhabitants of the territory of Quebec.

Article 53 - Participation in the Canadian Union

1.Quebec shall participate in the Canadian Union, which shall be made up of the states that have freely elected under the Treaty establishing the Canadian Union to exercise some of their areas of jurisdiction jointly.

2. Subject to reciprocity and in accordance with the conditions contained in the
Treaty establishing the Canadian Union, Quebec shall consent to any transfer of jurisdiction required to establish the Union. With the consent of the National Assembly and the public in a referendum, Quebec may transfer responsibility for the exercise of additional areas of jurisdiction to the Union.

3. After they are officially published, the decisions of the institutions of the Union with which Quebec must comply shall take precedence over the laws and directly give rise to rights and obligations for the inhabitants of the territory of Quebec.

Article 54 - Treaties, customary rules and general principles

1. The President of Quebec may not give the consent of Quebec to be bound by a peace treaty, a trade treaty, a treaty creating an international organisation, a treaty that requires the expenditure of the state’s moneys, a treaty that amends provisions of a legislative nature, a treaty concerning the status of persons and a treaty involving the transfer, exchange or addition of territory unless the treaty has been approved by a law of the National Assembly. The President of Quebec may not express the consent of Quebec to be bound by a treaty transferring jurisdiction to international institutions or to the Canadian Union unless it has been approved by the public by a majority of the votes validly expressed in a referendum. Measures shall be taken to ensure that the electors receive a copy of the treaty prior to the date of the referendum.

2. When they are officially published, the rules included in a treaty by which the Quebec State has given its consent to be bound and that is in effect shall form an integral part of domestic law, take precedence over the laws and directly give rise to rights and obligations for the inhabitants of the territory of Quebec.

3. If the constitutional chamber of the Supreme Court, at the request of the President of Quebec, the Prime minister or the speaker of the National Assembly, declares that the rules included in a treaty are contrary to the Constitution, the expression of consent to be bound by such a treaty may be given only after the Constitution has been amended.

4. The customary rules and general principles of law shall also form an integral part of domestic law, take precedence over the laws and directly give rise to rights and obligations for the inhabitants of the territory of Quebec.

Article 55 - Material and circumstantial limits

1. The provisions of the Constitution, with the exception of article 1 and the first paragraph of article 2 may be subject to amendment.

2. No act of constitutional amendment may be undertaken or performed during a state of emergency.

3. Where an amendment to articles 23 to 27 of this Constitution is being prepared, the representatives of the communities and nations affected shall be invited to the deliberations relating to the proposed amendment.

Article 56 - Parliamentary initiative

1. An initiative to amend the Constitution shall be taken by the members of the National Assembly. Any proposed amendment shall be tabled in the National Assembly with the support of at least one-quarter of the members of the National Assembly.

2. The proposed amendment including the full text of the amended provisions shall obtain the votes of not less than one-third of the legal number of members of the National Assembly. A proposal to amend articles 5 to 27 shall receive the votes of not less than one-half of the legal number of members of the National Assembly.

Article 57 - Approval by referendum

1. The proposed amendment, as voted for by the National Assembly, shall be submitted to a referendum within two months following the vote by the members of the National Assembly. The necessary measures shall be taken to ensure that the electors receive copies of the proposed amendment before the date of the referendum.

2. The President of Quebec shall within ten days of the date of the referendum promulgate the constitutional amendment as adopted by a majority of votes validly expressed by the electors and proposed by the Nnational Assembly.

TITLE 7

COMING INTO EFFECT OF THE CONSTITUTION

Article 58 - Conditions governing acceptance

1. The people of Quebec shall have the right to express their opinion by way of a referendum on the appropriateness and legitimacy of subjecting themselves to a constitutional order as defined in this Constitution.

2. This Constitution may not come into effect until it has been adopted by the National Assembly and approved by the members of the public able to exercise their civil and political rights.

3. This Constitution must receive the votes of a majority of the legal number of the members of the National Assembly and, within two months following the vote in the National Assembly, must be approved by a majority of the votes validly expressed in a referendum.

Article 59 - Promulgation

1. This Constitution of Quebec shall be promulgated within ten days of the date it is signed by the Speaker of the National Assembly. All subsequent amendments shall be subject to a new promulgation decree, including the whole of the amended text, signed by the President of Quebec.

2. The Constitution and any subsequent amendment shall take effect on the day following that on which it is promulgated as described in the first paragraph of this article.

3. The law in effect prior to the publication of this Constitution shall remain in effect to the extent that it is not contrary to the constitutional order.

Article 60 - Publication, distribution and education

1. This Constitution and, where appropriate, any subsequent amendments, shall be published on the day following that on which they are promulgated.

2. The French text of this Constitution is official. This Constitution shall also be published in the English language and in the aboriginal languages.

3. The an individual may obtain a copy of the Constitution of Quebec on making a written request to the Speaker of the National Assembly.