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Quebec to Release 1995 Referendum Files

Full Title: Act respecting the publication process of documents resulting from the investigation conducted by Bernard Grenier regarding the activities of Option Canada during the referendum held in Quebec in October 1995.

Summary#

  • This bill sets a clear process to publish documents from Bernard Grenier’s 2006–2007 investigation into Option Canada’s activities during the 1995 Quebec referendum.

  • It creates a special committee of the National Assembly to decide which documents (or parts) must stay confidential, with a strong tilt toward making most records public.

  • Creates a five‑member special parliamentary committee to review all documents covered by Grenier’s 2007 non‑disclosure order.

  • By default, documents become public when the committee files its final report; keeping any document confidential requires all members to agree.

  • The Chief Electoral Officer (Québec’s election chief) must send all the documents to the President of the National Assembly, who safeguards them and gives the committee confidential access.

  • The committee may hire a special advisor to recommend what should stay confidential.

  • If the committee needs more than six months, it must report progress and the Assembly will set a new deadline.

  • Any document kept confidential now must be released to the public 25 years after the law takes effect.

  • People cannot sue just because facts about them are revealed under this law.

  • The law allows release even if other access, privacy, or secrecy rules would normally block it.

What it means for you#

  • General public and voters

    • Expect more transparency about what happened around the 1995 referendum. Most documents should be released once the committee finishes.
    • Some parts may be blacked out or withheld if releasing them could seriously harm a person or go against the public interest.
  • People named in the files

    • Your name or actions could be made public. To keep something confidential, every committee member must agree.
    • If some items are kept secret now, they will still be released 25 years after the law takes effect.
    • You cannot file a civil lawsuit just because facts about you were disclosed under this law.
  • Journalists, researchers, and historians

    • You will gain access to a large set of documents from the Grenier investigation once the committee reports.
    • Material that stays confidential must be released after 25 years, ensuring eventual full public access.
  • Public bodies

    • Chief Electoral Officer: must transfer the documents to the President of the National Assembly and explain, if needed, why some should stay confidential.
    • National Assembly: will store the records securely, support the committee’s review, and later publish the approved documents.
  • Taxpayers

    • Running a small special committee and publishing documents will add some administrative costs, but no figures are provided.

Expenses#

No publicly available information.

Proponents' View#

  • The public has a right to know more about how the referendum campaign was run; this process increases transparency.
  • The default is to publish, which prevents unnecessary secrecy and helps rebuild trust.
  • Requiring all members to agree before keeping anything secret adds a strong, non‑partisan check.
  • A special advisor gives expert, independent guidance on privacy and harm, reducing the risk of wrongful disclosures.
  • A 25‑year release rule ensures history is not locked away forever and supports future research.

Opponents' View#

  • The unanimity rule may be too strict; one member could block confidentiality and force releases that harm reputations or privacy.
  • Barring civil lawsuits over released facts could leave people without a remedy if they are harmed by publication.
  • Overriding other access and confidentiality laws may set a risky precedent and weaken protections meant to apply in sensitive cases.
  • The process could become politicized, given the committee’s makeup and the charged history of the 1995 referendum.
  • Administrative work and legal vetting may cost money and time, with unclear timelines if the committee needs extensions.

Timeline

Nov 27, 2024

Présentation