‘Knife to the throat’ isn’t what it once was

“You must put a knife to the throat of English Canada.”

Those were the oft-quoted words of respected political scientist Léon Dion describing Quebec’s use of the threat of separation to get what it wants. Since the emergence of a mainstream political party committed to the independence of Quebec, this dynamic has often been the backdrop to relations between the federal government and Quebec. Premier Robert Bourassa often seemed to use that looming threat as leverage in constitutional negotiations. In other areas as well, particularly regarding language politics, even when the separatist threat seemed dormant, federal governments back off, for fear of reawakening the dragon.

Prime Minister Justin Trudeau has also tried to avoid doing anything to upset Quebec — until last weekend. Trudeau cautiously said he “might” refer the question of the pre-emptive use of the notwithstanding clause of the Charter of Rights and Freedoms to the Supreme Court of Canada. Well, Premier François Legault went Twitter-ballistic. His Oscar-worthy reaction, with a four-part tweet calling it a frontal attack on Quebec, seemed calculated to both rally Quebecers to him in solidarity by again playing the Quebec-bashing victimhood card and knock other issues, like the crisis in our hospitals, off the front pages.

Trudeau may have cowered when Legault used the notwithstanding clause to pass Bills 21 and 96, but now he must remain strong to stave off continued abuses of the clause. Some political commentators suggest he’s playing with matches, but sometimes a prime minister must stand up for the country’s values and the Charter of Rights. Also, Legault can huff and puff all he wants, but what knife to the throat is he holding? Despite what some suspect are deep-down separatist conviction, Legault, like Bourassa, clearly believes that Quebec is much better off economically within Canada. And as Legault has pointed out many times, Quebecers don’t want a referendum on sovereignty. The support is not there, especially among young people more concerned with the environment and their economic futures.

It would help, however, if Trudeau would communicate with more conviction, like his father. Pierre Trudeau, when challenging Quebec nationalism, surgically dissected the issues and exposed flaws and weaknesses. Despite supposedly being hated by Quebecers, his father won majority governments with strong support from Quebec. The potential abuse of the notwithstanding clause should be forcefully explained, giving examples to francophone Quebecers about how its pre-emptive use can hurt them as well. Being able to pass a law that prohibits teachers or nurses during union negotiations from protesting by overriding freedom of association and peaceful assembly guarantees is one example.

Léon Dion’s son Stéphane, also a political scientist, was the Liberal minister of intergovernmental affairs under Jean Chrétien. He was tasked in the late 1990s with referring to the Supreme Court the question of Quebec secession. The PQ government and Quebec nationalists at the time also went ballistic. Dion was very effective in meticulously explaining the issue and writing open letters. The Supreme Court concluded that Quebec does not have the right to secede unilaterally under Canadian or international law, which led to the Clarity Act.

Nationalists supposedly hated Dion as well, but his vigorous and intellectual arguments opposing separation appeared to have the intended effect as support for sovereignty plunged to 24 per cent in late 1999 after the Supreme Court reference. The Liberals won a majority in the subsequent election, with the Bloc Québécois finishing with its lowest seat total since its inception.

The dangers inherent in the pre-emptive use of the notwithstanding clause must be clearly and intellectually fleshed out. Quebecers are rational. And Trudeau can call Legault’s bluff. The knife in his hand is plastic.

Robert Libman is an architect and building planning consultant who has served as Equality Party leader and MNA, as mayor of Côte-st-luc and as a member of the Montreal executive committee. He was a Conservative candidate in the 2015 federal election. twitter.com/robertlibman