Quebec Premier François Legault is facing significant political pressure as his government considers a controversial plan to declare de facto independence from Canada. The Quebec National Assembly is currently reviewing a proposed constitution that would establish the province as a "free national State," allowing it to operate independently of federal authority.

The 40-page document outlines a vision for a "fully sovereign" State of Québec, which would have the power to select its own judges, conduct foreign policy, and disregard federal laws. Section 40 of the proposed constitution states, "No other parliament or government may reduce the powers, authority, sovereignty or legitimacy of the National Assembly, or impose constraint on the democratic will of Québec people to determine its own future."

This proposed constitution redefines Canada as a loose association of autonomous states, asserting that its status as a sovereign nation is illegitimate. It describes Canada as an arrangement where two orders of government are equal and not subordinate to one another.

Legal experts have raised concerns that the proposed constitution would violate federal law. Canada’s constitution clearly establishes that Ottawa holds supreme authority over provincial legislatures, including the power of "disallowance," which allows the federal government to nullify provincial statutes that overstep their bounds. The draft constitution grants Quebec powers traditionally reserved for the federal government, such as the ability to ignore international agreements made by Ottawa and appointing its own Lieutenant Governor, who would not be accountable to the Crown.

Additionally, the proposed changes would allow the Quebec premier to appoint senators and Supreme Court judges, a power that has historically belonged to the prime minister since 1867. The draft also challenges the federal Clarity Act, which stipulates that a clear majority in a referendum is required for any province to secede from Canada. The proposed constitution claims that the "Québec people has, in fact and in law, the right to self-determination" and states that a simple majority of valid votes would suffice for a separation referendum.

Furthermore, the document asserts that the "territory of Québec is indivisible," which could conflict with federal guarantees regarding Indigenous treaty rights and land claims. Despite these potential legal issues, Quebec has previously taken steps to assert its authority without facing repercussions. In 2021, the Legault government successfully pushed for amendments to the federal Constitution, declaring that "Quebecers form a nation" and that "French shall be the only official language of Quebec."

As the Quebec National Assembly continues to review the proposed constitution, the implications of such a move could have far-reaching effects on the relationship between Quebec and the federal government.