Quebec's Language Bill 96 and Others All Unconstitutional

When if ever shall the electorate have a political party and its leaders with enough sense and fortitude to stand up for Canada and its citizens by using the disallowance power under the existing Canadian Constitution i.e. Constitution Act, 1867 – the disallowance power which remains part and parcel of the Consolidation of Constitution Acts, 1867 to 1982? It remains part of the Canadian constitution as protection for minority rights and from discriminatory laws passed by provincial governments i.e., Quebec’s Bill 96 and others.

Quebec's language Bill 96 is deemed unconstitutional, and the Prime Minister must invoke the disallowance power, an integral aspect of the Consolidation of Constitution Acts, 1867 to 1982.

Anyone with an ounce of common sense knows that what is written in the Constitution remains in force, NO matter if such powers written within the Constitution are often used or not. They remain part of the Constitution until the Constitution is amended by the Canadian Constitution amendment procedures and NOT by the Supreme Court of Canada.

When will we see a political party and its leaders with the wisdom and courage to defend Canada and its citizens by utilizing the disallowance power entrenched in the existing Canadian Constitution? This power, enshrined in the Constitution Act, of 1867, remains vital for safeguarding minority rights and preventing the enactment of discriminatory laws by provincial governments, such as Quebec’s Bill 96.

It is a fundamental principle that provisions within the Constitution retain their legal force regardless of whether they are frequently exercised. They persist until modified through the prescribed Canadian Constitution amendment procedures, not through decisions of the Supreme Court of Canada.

While scholars may engage in academic discourse about the legitimacy of dormant constitutional powers, it is essential to recognize that such discussions do not alter the constitutional framework itself. The disallowance power, explicitly outlined in the Constitution Act of 1867, remains valid unless formally renounced through established conventions.

As no Prime Minister has officially declared the disallowance power obsolete, it retains its legal validity as a crucial component of Canada's constitutional framework. Therefore, it can and should be employed to ensure all provinces adhere to the principles outlined in the Canadian Consolidation of Constitution Acts, 1867 to 1982.

Moreover, academic debates concerning whether a constitutional convention can nullify a written law present complex legal questions. It is challenging to argue that a lack of exercise could invalidate a constitutionally established power, particularly given legal precedents such as the 1990 court ruling that upheld the appointment of eight additional senators, despite the previously unused section of the Constitution Act of 1867 being invoked.

Background:

1.        https://lop.parl.ca/content/lop/TeachersInstitute/ConstitutionalConventions.pdf

2.      https://www.constitutionalstudies.ca/ccs-term/reservation-and-disallowance/?print=print-search

3.      https://nationalpost.com/opinion/conrad-black-bill-96https://nationalpost.com/opinion/quebecs-latest-assault-on-the-english-language-must-not-stand