VAUGHAN, Ont. — Liberal Leader Mark Carney said Monday that he supports the objectives of Quebec’s language law but takes issue with the provincial government’s pre-emptive use of the notwithstanding clause to shield the legislation from constitutional challenges.
Carney was asked Monday to clarify his position on the 2022 language law reform known as Bill 96, after saying Friday that the Liberals would intervene in an eventual Supreme Court challenge.
He told reporters in Vaughan, Ont., that he understands the need to reinforce, promote and protect the French language but is uncomfortable with Quebec’s “anticipatory” use of the notwithstanding clause to override parts of the Charter of Rights and Freedoms.
“I have a problem with that in any circumstance, whether it’s labour laws here in Ontario or whether it’s in that circumstance,” he said, adding that “these should be decisions directly for the courts.”
His opposition, he said, is “a structural problem with the approach, not necessarily the law.”
There are several ongoing court cases linked to the provincial law, which introduced tougher sign rules and language requirements for businesses, capped enrolment at English junior colleges and gave the French-language watchdog new powers.
Opponents of the law have said it will make life harder for English-speaking Quebecers, while the Quebec government has maintained that it’s a moderate and necessary measure to reinforce the use of French as the province’s common language.
The federal Liberals have said they would intervene in a forthcoming Supreme Court challenge of Quebec’s secularism law, citing the same concern over the pre-emptive use of Section 33 of the Canadian Charter of Rights and Freedoms - the notwithstanding clause.
A spokesperson for Carney’s campaign confirmed Monday that a Liberal government would intervene in a challenge of Bill 96 on similar grounds if it also reaches Canada’s highest court.
Carney noted Monday that the Supreme Court has yet to decide whether to hear the language case, which is still making its way through lower courts. The issue at hand, he said, was “do we have rights here in Canada or not?”
“A right is a right is a right,” he said. “If we use the notwithstanding clause too often, in an anticipatory way, that’s saying we don’t have a Charter of Rights in Canada.
“That’s a question for the Supreme Court.”
Carney first confirmed Friday that if elected on April 28, a Liberal government would intervene in the case, telling reporters “we will support the intervention at the Supreme Court and fully respect the language rights.” He added that his government was also committed to promoting the French language, including through support for Radio-Canada services.
His comments earned him a rebuke from Quebec’s French-language minister, who called them a “direct affront” to Quebecers. Bloc Québécois Leader Yves-François Blanchet also criticized the comments, adding “Mark Carney needs to be viewed with greater suspicion.”
Conservative Leader Pierre Poilievre said over the weekend that his party would not intervene in a potential challenge of the language law, telling reporters in Winnipeg that it’s “the Quebec government’s decision to establish its own laws in its jurisdiction.”
This report by The Canadian Press was first published March 31, 2025.
-- By Morgan Lowrie in Montreal
