The Marxist Quarterly Autumn 1965

Prepared by a sub-committee on constitutional questions and published by the Parti Socialiste du Quebec, this document is presented in translation as a contribution to discussion.—THE EDITORS

PREAMBLE

1. The French-Canadian Nation
The French Canadians of Quebec define themselves as a Nation. That is to say as a natural collectivity, historically constituted with its own language, culture, psychological background and economic activity, having its roots and centre of gravity in Quebec and tending to endow Quebec with all the political institutions necessary to its complete fulfilment.

2. The federal constitution, an inheritance from the colonial period
Quebec possessed already its own state institutions, but, in the colonial period, was obliged to subscribe to a federative constitution which refused it the essential powers in the economic field and thereby reduced it to a state of dependency.

3. The necessity for a Free State of Quebec
Threatened in their collective being, and invoking the principle of self-determination of peoples, the French Canadians of Quebec, neglecting in no way thereby their Acadian compatriots or the French-speaking emigrants to the other parts of Canada, are determined hereafter to make of Quebec a Free State which may constitute a strong political framework for the Nation.

4. Socialism and self-determination of peoples.
The right of peoples to self-determination is a principle of the most genuine contemporary socialist thinking. The conditions of a

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colonized people, threatened in its collective personality, prevail in Quebec, thereby justifying a desire for emancipation, all the more that this people possesses all the attributes of a Nation. There has always existed in this people a manifest will to claim its collective liberty. This liberty can express itself only through a national state, having all the powers necessary to the development of the nation.

5. The establishment of a Free State in Quebec is not incompatible with the principle of an association with English-speaking Canada.
This manner of viewing the future of Quebec is not irreconcilable with the existence of a new Canada whose institutions would be binational and of a confederal type; that is to say, the central government would exercise only those powers delegated to it by Quebec, in the interest of the French-Canadian Nation and of the whole of Canada, on the basis of equality between the two Nations.

6. Federalism, "cooperative federalism" and "special, particular or different status".
It follows from the above statement of principle that federalism in its stricter meaning, "cooperative federalism" or any form of special status that would have for effect to submit Quebec's destiny to the will of the English-speaking majority is inadmissible as a regime to be applied to French Canada.

7. English Canada and the minorities
English Canada could, of course, for its part set up its own political institutions. It would be necessary, however, for it to possess a government distinct from the new confederal government which will have to take into account the right of the Acadians to self-determination and the particular situation of the French-speaking minorities.

8. The constitution of Canada no longer meets the needs of Quebec and the minorities.
The present constitution of Canada meets the needs of neither the French-Canadian Nation nor the State of Quebec, no more than it provides for the respect of the French-speaking minorities. In addition to the establishment of an economic and social democracy, the total fulfilment of French Canada requires new political structures.

 

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9. A Quebec Constitution
The powers which the State of Quebec is recognized to have must allow its government and legislature to become the centre of decision bearing on the socialist organization of the economy and social security. Quebec will give itself a constitution that will promote the over-all development of French Canada.

10. A new confederal constitution
A new confederal constitution must be adopted, therefore, founded on an agreement between the two Nations, so as to define confederal powers precisely and limitcdly and to establish the institutions required for the exercise of these powers.

CHAPTER I

Organization and powers of the Free State of Quebec

Art. I — Quebec Bill of Rights
The Quebec Constitution will include a Bill of Human Rights based on the Universal Declaration and adapted to the requirements of our society. The Bill will ensure equal rights to all citizens, particularly in the economic and social fields.

Art. 2 — The Constituent Assembly
The first Legislature of the Free State of Quebec will convoke a constituent assembly in order to adopt the Constitution and the Bill of Human Rights. Thus the Constituent Assembly will define the form of government and determine the role and functions of the President of the State; the position of Lieutenant-Governor and the Legislative Council will be abolished.

Art. 3 — Official language

1. The French language will be the only official language of
   Free State of Quebec.


2. The Quebec Bill of Human Rights will protect the individual rights of persons whose mother tongue is not French.

Art. 4 — Fiscal powers
All taxes will be collected by Free State of Quebec, thus placing at its disposal the revenues required to build a socialist state and exercise its powers.

 

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Art. 5 — Education
Jurisdiction in the field of education at all levels will belong exclusively to Quebec. The Quebec Bill of Human Rights will set out the respective rights and obligations of the State and citizens in this matter.

Art. 6 — Social security
I. No doubt can be raised as to the jurisdiction of Quebec in the field of social security. A social security system must reflect the mentality and particular needs of the population of which it is the instrument.

Art. 7 — Labor
As far as labor laws and industrial legislation are concerned, Quebec will have exclusive jurisdiction. The government will collaborate, however, with the other Member-States and with the Confederation with a view to establishing common standards, taking into account the international labor conventions.

Art. 8 — Agriculture and fisheries
In the field of agriculture and fisheries, Quebec will have exclusive jurisdiction, taking into account the requirements of economic planning, however, Quebec may conclude special agreements if necessary.

Art. 9 — Natural resources
The jurisdiction of Quebec is already well established by law in the field of natural resources, whether it be mines, forests or sources of energy. Any new constitution must reaffirm this essential principle.

Art. 10 — Commerce
Quebec will have exclusive jurisdiction in the field of commerce and markets within its territorial limits. It may conclude agreements with the confederation relating to commerce between the Member-States.

Art. 11 — Banking and credit
Quebec will possess legislative competence with respect to chartered banks; it will establish a State bank and will enact laws relating to consumer, commercial and industrial credit within its territory. This bank will facilitate the short-term financial operations

 

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of the government and its subordinate administration. In addition, the State will set up the necessary agencies to collect and orientate the savings required to finance the public debt and long-term operations in accordance with the purposes of economic planning. Quebec will, in this manner, possess the necessary instruments to carry out its plan and put an end to usurious and fraudulent practices.

Art. 12 — Transport and Communications
With respect to transport and communications within its territory, there should be no doubt as to Quebec's jurisdiction, whether it concern railways, canals, air or road networks or telecommunications. However, where transport and communications are of a definitely confederal nature, Quebec may, if necessary, conclude special agreements.

Art. 13 — Immigration
Immigration policy will be the responsibility of each Member-State.

Art. 14 — Judicial Power
Judicial power in civil, criminal and other domains will come under the jurisdiction of the Free State of Quebec. The appointment of judges will also be an exclusive responsibility of Quebec.

Art. 15 — Radio, Television, Motion Pictures, Press, Publishing
The instruments of culture and information, such as radio, television, motion pictures, press and publishing belong exclusively to Quebec jurisdiction. In all these fields, the State will ensure the respect of liberty of expression and opinion.

 

CHAPTER II

Organization and powers of Confederation

Art. 16 — The Fundamental Principle
The structure of the confederal institutions will be founded on the existence of two States equal in rights.

The Confederal Council will be composed of delegates from the Member-States, half from the State of Quebec and the other half

 

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from English Canada. The Confederation will possess limited and specific powers as set out below.

Art. 17 — The Confederal Bill of Rights

1. In certain fields, as in the protection of personal liberties (in case of arrest, indictment, detention, judgment), of the rights of individuals before the confederal administrative authorities, and of public liberties (of opinion, assembly, association, religion), the Confederation will enact a Bill guaranteeing these liberties and rights.



2. The Confederal Bill will protect the rights of the French and English collectivities within the Member-States, particularly with respect to education.



3. It will guarantee these collectivities the rights to establish radio and television stations in their own language or to affiliate themselves with networks located in another Member-State.

Art. 18 — The High Constitutional Court
There will be set up a confederal tribunal in order to settle constitutional disputes which may arise between the Confederation and one or the other of the Member-States.

Art. 19 — Confederal fiscal powers
All taxes will be collected by each of the Member-States of the Confederation. The Member-States will determine periodically the budget required for confederal purposes, as well as the means of financing the Confederal State, in accordance with the responsibilities which have been delegated to it.

The Confederal Budget will include the funds required for the equalization of the standard of living between the wealthy and the less developed regions of the Confederation.

Art. 20 — Trade, Commerce and Customs

1. Commerce between Member-States will be regulated by a periodic general agreement concluded at the Confederal level.


2. The agreement will be revised periodically and will promote the movement of workers, capital and goods within the Confederation.


3. The commerce of the Member-States with foreign States will be subject to a common policy with respect to tariffs and quotas.

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4. The implementation of trade agreements will be the responsibility of a Standing Trade Council, made up of representatives of the two States in equal number.

Art. 21 — Banking and currency
The issue and control of currency will be the responsibility of a Bank directed by a Council composed of representatives of the two States in equal number.

Art. 22 — The Confederal Civil Service

1. The Confederal Civil Service must reflect the binational character of Canada. All higher civil servants of each Department and of all commissions or corporations wholly or partly under the control of confederal institutions must be perfectly bilingual.


2. There will be set up within all Departments and confederal agencies unilingual French and English sections, in order that all civil servants may be able to work efficiently in his own culture and language. The important departments of the confederal institutions will be divided in equitable manner between the unilingual sections.


3. Every citizen of the Confederation will have the right to address the confederal public service in either English or French.

 

CHAPTER III

Powers with respect to International Affairs

Art. 23 — External affairs and representation

1. The Member-States of the Confederation may establish their own Ministry of External Affairs.


2. A standing confederal committee on external affairs will serve as a link between the various Ministries of External Affairs of the Member-States.


3. The Member-States may conclude international agreements in all fields falling within their legislative competence.

Art. 24 — United Nations Organization
Each Member-State may delegate its own representatives to the United Nations and to all the agencies affiliated with this organization.

 

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Art. 25 — Confederal defense and police

1. Each Member-State will have a Ministry of Defense.


2. With respect to defense of the Confederation, a Standing Defense Committee will be set up, on the lines of the Customs Committee, whose functions will be to define and orientate confederal policy in this field.


3. The Standing Defense Committee must continually work to achieve international peace.


4. Armaments will be reduced to the greatest extent possible, in order to relieve the budget in favor of aid to developing countries and to the benefit of the social security programs of the Member-States.


5. The Canadian army will be completely decentralized. The Free State of Quebec will have full jurisdiction over its own forces and over the contingents furnished to the Confederal government in accordance with the needs of Canadian defense programs.


6. The jurisdiction of the confederal police will be limited to confederal territory.

 

AMONG BOOKS RECEIVED

Inclusion in this list does not preclude review in a subsequent issue.

Some Essential Features of Nkrumaism, by the Editors of "The Spark,1 Accra, Little New World Paperback, International Publishers, N.Y. 128 pp., $1.15.

Stand on Guard by Andrew Brewin, McClelland & Stewart Ltd., pp., $3.95.

The Geography of African Affairs by Paul Fordham, a Pelican Original. 244 pp. $1.25.

An Account of Confinement and Interrogation under the South African Ninety Day Detention Law by Ruth First, a Pelican Special. 142 pp. $0.85.

(See also Page 96)

 

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-- This OCR was prepared by Kathleen Moore in August 2014 for the legal research purposes of Habeas Corpus Canada. --