A Bloc Québécois motion defending Quebec’s constitutional autonomy and its controversial secularism law was narrowly defeated in the House of Commons this week, with 168 MPs voting against and 159 in favour.The motion, introduced by Bloc MP Rhéal Éloi Fortin, called on Ottawa to withdraw from its Supreme Court challenge of Quebec’s Act respecting the laicity of the State, better known as Bill 21. It also asked the federal government to retract a factum filed on September 17 that contests Quebec’s right to invoke the notwithstanding clause, and to denounce the use of the Supreme Court to strip constitutional powers from Quebec and other provinces..While the Bloc spearheaded the effort, it was the Conservatives who gave the motion its strongest boost. Conservative MPs voted in favour, arguing that Ottawa should respect provincial jurisdiction and Quebec’s constitutional right to legislate on matters of secularism.The Liberals, backed by the NDP and Green Party MP Elizabeth May, joined forces to block the measure, framing the legal challenge as necessary to uphold fundamental rights against provincial overreach.The vote unfolded against the backdrop of an escalating national debate over the use of the notwithstanding clause. In addition to Quebec’s Bill 21, Alberta Premier Danielle Smith recently invoked the clause to shield three pieces of legislation restricting transgender rights from court challenges..For supporters of the Bloc motion, Ottawa’s intervention in Quebec’s case risks setting a precedent that weakens provincial powers at a time when multiple provinces are testing the boundaries of their constitutional authority. For the federal government and its allies, however, Ottawa’s role is essential to ensure that individual freedoms are not trampled under the cover of constitutional technicalities.Though defeated, the motion highlighted how the notwithstanding clause, long considered a rarely used constitutional safety valve, has moved to the centre of Canadian politics. With Conservatives aligning with the Bloc on this vote, and provinces like Alberta following Quebec’s lead, the struggle over who holds the final word on rights and powers in Canada is far from over. As the Supreme Court prepares to hear arguments on Bill 21, the clash between federal oversight and provincial autonomy is only set to intensify.
