Melançon: Quebec Liberals must stop wavering on Bill 96

History has a way of repeating itself.

In 2022, then Quebec Liberal leader Dominique Anglade was swept into controversy over her lack of clear stance on the Coalition Avenir Québec’s Bill 96 and its pre-emptive use of the notwithstanding clause. Now her successor, Charles Milliard, has stumbled into a similar situation — triggering yet another internal crisis within the QLP.

It’s as if the Liberals never learn from their mistakes.

Last week, Milliard said a Liberal government would renew the notwithstanding clause to shield Bill 96 from court challenges — a sharp departure from the party’s position since the 2022 election.

Multiple reports indicated members of his caucus were not informed in advance. Within hours, Liberal constituency offices — particularly in the West Island — were flooded with calls from surprised and frustrated voters.

“What? We didn’t vote for that!”

The timing could hardly have been worse, as the Liberals had begun to regain ground in public opinion. Now a single declaration put MNAs under pressure from constituents and unsettled the party’s core base. Days later, a Léger poll showed the Liberals had lost eight points among non-francophone voters — a significant drop in a key demographic.

Gone up in smoke, just like that.

Liberal Leader Charles Milliard’s attempt to clarify his position on Bill 96 and the use of the notwithstanding clause only deepened the confusion, writes Raphaël Melançon. John Kenney / Montreal Gazette

Milliard’s attempt to clarify his position only deepened the confusion. Within 24 hours, he shifted tone, emphasizing a desire to “improve” Bill 96 rather than simply protect it. His hesitation drew criticism on the francophone side, as many viewed it as an attempt to downplay or even backtrack on his previous declarations.

He then reverted to a more defined stance: Maintain Bill 96 with modifications, including easing administrative burdens on Quebec businesses and extending the six-month window during which newcomers can access government services in languages other than French. “If necessary,” after consulting with constitutional experts, the notwithstanding clause could still be renewed upon its expiration after five years, as required by Section 33 of the Canadian Charter of Rights and Freedoms.

The Liberals are walking a fine line. On one side, they’re trying to court French-speaking Quebecers in order to grow their electoral coalition — on the other, they need to reassure their core base to avoid any potentially damaging internal tensions just months ahead of crucial elections.

It’s a catch-22; you just can’t please everybody. And if you try to, you’ll just end up disappointing all of them at the same time.

Strategically, the path to victory is clear: To form government, the Liberals must take seats away from the Coalition Avenir Québec, especially outside the Greater Montreal Area. That requires reconnecting with francophone voters in the regions — where support for strong language protections remains high.

A shift toward a more nationalist tone is one of the keys to unlock that voter base — even more so because the arrival of Christine Fréchette as premier appears to be reviving CAQ’s appeal in public opinion.

In recent history, the QLP has enjoyed success under leaders who embraced elements of Quebec nationalism. Think of Jean Lesage, Robert Bourassa — who made French the province’s sole official language with Bill 22 in 1974 — and, more recently, Jean Charest.

Milliard appears to be positioning himself in that tradition. Born in Lévis and now living in the Eastern Townships, where he plans to seek a seat, he emphasizes his ties to the regions. Compared to other recent QLP leaders, his profile has more potential to resonate with nationalist-leaning francophone voters outside the metropolitan area.

Still, repositioning a party carries risks, particularly when messaging is inconsistent. Politics is all about mastering the art of making compromises, as well as making bold decisions when necessary — and having the courage to stick to them.

For traditional Liberal supporters, the broader question is what would be preferable: a nationalist-leaning Liberal government prepared to maintain and amend Bill 96 while repealing the notwithstanding clause for Bill 21? Another CAQ government? Or a Parti Québécois government that could push even further on language, immigration and secularism — and the prospect of a third referendum on sovereignty?

Sometimes, you have to look at the bigger picture and sacrifice on some elements to be able to win on others. Trade-offs are simply inevitable. 

If the Liberals want to avoid 2022 repeating itself all over again, learning to pick their battles — especially on issues as fundamental to a majority of voters as the protection of the French language — may be not only pragmatic, but necessary.

Raphaël Melançon is a public affairs consultant and political analyst. A former journalist, he previously worked as a political adviser at all three levels of government.

Raphaël Melançon, Special to the Montreal Gazette

Raphaël Melançon is a public affairs consultant and political analyst. A former journalist, he previously worked as a political adviser at all three levels of government.

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