Benoît Pelletier (10 January 1960 – 30 March 2024) was a Canadian lawyer, academic, and politician in the province of Quebec.
He was a Liberal member of the National Assembly of Quebec from 1998 to 2008 and was a prominent cabinet minister in the government of Jean Charest. He was best known for promoting the concept of "asymmetric federalism" to incorporate Quebec nationalism into a decentralized Canadian federal structure.
Early life and career Pelletier was born in Quebec City, Quebec on 10 January 1960. His father, Jean-Paul Pelletier, was an administrator and municipal councillor.
Pelletier received a law degree from Université Laval in 1981 and was admitted to the Barreau du Québec the following year. He later earned a Master's Degree in law from the University of Ottawa (1989) and doctorates in law from the University of Paris I: Panthéon-Sorbonne (1996) and the Aix-Marseille University (2000).
Pelletier was a legal adviser at the Canadian Department of Justice from 1983 to 1990, when he received a faculty position at the University of Ottawa. He taught there for several years and was recognized as professor of the year in 1998. He also authored several works on constitutional law and was often interviewed as an expert on the subject in the 1990s.See for instance Robert Melnbardis, "Quebec separatist Bouchard set for premiership," Reuters News, 11 January 1996; Peter O'Neil, "Sovereignty issue needs tough stand," Kitchener-Waterloo Record, 29 January 1996, A7; Robert McKenzie, "Federal envoy ready to declare Quebec a nation," Toronto Star, 23 January 1997, A5; Robert Melnbardis, "Quebec's deficit battle angers separatist allies," Reuters News, 20 March 1997; Sean Fine and Tu Thanh Ha, "Quebec gets advocate it feared," The Globe and Mail, 16 July 1997, A4; William Walker, "Court's timing stuns observers," Toronto Star, 18 August 1998, A1. He has been a guest professor at the Universities of Nantes (1993), Corsica (1997), Paris II (1998), Paris V (1998) and Lyon III (1998), as well as at Queens and Cornell Universities (both 2016). He has also twice been a visiting scholar at the Woodrow Wilson International Center for Scholars in Washington, D.C.
From 2009 to 2011, he was a lawyer with the firm Noël et associés. He was the Government of Canada's chief negotiator on the Huron-Wendat (2011–2013) and Cree (2013–2016) dossiers. In 2014–2015, he was Special Representative to the Minister of Indigenous and Northern Affairs Canada in relation to the five-year review of the Specific Claims Tribunal Act.
Pelletier was one of three members of an external panel established in 2015 by the federal government to study the issues surrounding medically assisted dying.
Legislator Pelletier was first elected to the National Assembly of Quebec in the 1998 provincial election, winning the safe Liberal seat of Chapleau in the Outaouais region. The Parti Québécois (PQ) won a majority government in this election, and Pelletier entered the legislature as an opposition member. In January 1999, Liberal leader Jean Charest appointed him to the high-profile post of critic for Intergovernmental Affairs.Rhéal Séguin, "Quebec Liberals convene to rebuild," The Globe and Mail, 20 January 1999, A4. As a member of Quebec's Official Opposition (1998–2003), at the outset of his political career, Benoît Pelletier was appointed Quebec Liberal Party critic on Intergovernmental Affairs. From 1999 to 2001, he was also Chairman of the Liberal Party's Special Committee on the political and constitutional future of Quebec society. In this role, he developed the Party's position on intergovernmental relations.
After his appointment, Pelletier was commissioned to lead a comprehensive review of the Liberal Party's constitutional platform. Two years later, he brought forward a policy document entitled, Quebec's Choice: Affirmation, Autonomy and Leadership. Its highlights included a call for the Canadian Constitution to recognize the "specificity" of Quebec; a requirement that judges consider this "specificity" when ruling on charter rights cases that affect Quebec government policy; a provincial veto over constitutional changes; greater provincial autonomy over international affairs, telecommunications, and the environment; and the creation of a new council for overseeing federal-provincial issues.Graeme Hamilton, "Charest pitches Meech-like deal," National Post, 17 January 2001, A1; Lysiane Gagnon, "The Liberals are awash in Meech," The Globe and Mail, 21 May 2001, A11. See also Robert McKenzie, "Quebec seeks voice on cultural matters," 25 March 1999, p. 1; "Liberals review federalism," The Globe and Mail, 16 April 1999, A7; Daniel LeBlanc, "Charest urges more tax points for provinces," The Globe and Mail, 21 February 2000, A7. This document marked a shift away from former Liberal premier Robert Bourassa's definition of Quebec as a "distinct society," and Pelletier acknowledged that his party was taking a more "pro-Canada" stance than in past years.Rhéal Séguin, "His Quebec includes federalism," The Globe and Mail, 12 March 2001, A4. He said, "what [Quebecers] want above all is to say [...] that they want to be Canadians, but in their own way.""Quebec Liberals drop distinct society clause from future constitutional talks," Canadian Press, 10 November 2001, 18:38. Quebec's Choice helped launch Jean Charest's drive to create the Council of the Federation, and Pelletier has sometimes been recognized as the council's chief architect.Les Perreaux, "Premiers see dawn of new era with Paul Martin as prime minister," Canadian Press, 23 October 2003, 23:10; "Canadian premiers have high hopes for new provincial, territorial forum," Canadian Press, 3 December 2003, 16:29; Richard Foot, "Quebec's Pelletier has bold plans for Canada: A radical overhaul," National Post, 4 December 2003, A11. The second of these articles indicates that Pelletier had favoured the creation of such a council for several years, originally as a replacement for the Senate of Canada.
Pelletier was very critical of the approach taken by Jean Chrétien's federal government in fighting the Quebec sovereignty movement. During the period of the Gomery inquiry, he remarked that the sponsorship scandal was caused by figures in the Canadian government who believed that "with money you could change the view of the population."Kevin Dougherty, "Quebec parties slam feds' program on unity," Montreal Gazette, 2 November 2005, A7.
When the Chrétien government introduced the Clarity Act in 2000, the PQ government in Quebec responded with a bill proclaiming Quebec's right to self-determination. While Pelletier opposed the Clarity Act, he also led the Liberal Party's opposition to the latter bill, which he argued was the prelude to a new referendum on sovereignty.Robert McKenzie, "Quebec Liberals say no to new Bill 99," Toronto Star, 20 April 2000, p. 1; Kevin Dougherty, "Canada is not 'eternal,' Charest Minister says: Clarity Act too negative to 'win over Quebecers'," Montreal Gazette, 22 November 2005, A9. He instead introduced a motion in the national assembly recognizing Quebec's right to declare independence if the Canadian government did not negotiate in good faith after a sovereigntist victory in a hypothetical future referendum.Rhéal Séguin, "Quebec Liberals back option on secession," The Globe and Mail, 4 May 2000, A4. (The motion itself was not an endorsement of independence.)
Cabinet minister The Liberal Party won a majority government in the 2003 Quebec general election, and Pelletier was returned by an increased margin in Chapleau. On 29 April 2003, he was appointed to the Charest cabinet as minister of Canadian Intergovernmental Affairs and minister of Aboriginal Affairs as well as minister responsible for the Outaouais."A list of the members of Quebec Premier Jean Charest's cabinet," Broadcast News, 29 April 2003, 17:15.
On 18 February 2005, he was relieved of his responsibilities for Aboriginal Affairs and given new responsibilities for Francophone Canadians and the reform of democratic institutions. From 17 March 2005, he was also styled as the minister responsible for the Agreement on Internal Trade and the minister responsible for Access to Information."Quebec-Cabinet-List," Broadcast News, 18 February 2005, 14:15. Pelletier was President of the Federal-Provincial-Territorial Committee of Ministers on Internal Trade from December 2004 to December 2005. He was also a member of the Special Committee on Electoral Reform from June 2005 to May 2006.
Pelletier was returned by a reduced margin in the 2007 provincial election, as a surge in support for the Action démocratique du Québec reduced the Liberals to a minority government. Following a cabinet shuffle on 17 April 2007, Pelletier kept his existing ministerial designations (except for responsibility for the Agreement on Internal Trade) and was once again assigned to Aboriginal Affairs. He also became leader of the government in parliament.Rhéal Séguin, "Woman fill half of cabinet in Quebec," The Globe and Mail, 19 April 2007, A12; "Who's who in charest's new cabinet," Montreal Gazette, 19 April 2007, A12.
Intergovernmental Affairs Minister 2003–06 (Chrétien and Martin governments) Pelletier became Intergovernmental Affairs Minister near the end of Jean Chrétien's tenure as prime minister of Canada. Most of his interactions were with Chrétien's successors, Paul Martin and Stephen Harper.
Pelletier often defended Quebec's political jurisdiction against what he regarded as encroachments from the Canadian government. He spoke against Employment Insurance reforms introduced by the Martin government in 2004 and later criticized Martin's attempt to create a national child care plan with funds targeted to guidelines determined by federal government.Kevin Dougherty, "Pelletier slams feds on daycare," Montreal Gazette, 23 September 2005, A16. (Quebec has had a provincial child care plan for several years.) Pelletier argued that provinces should be allowed to opt out of these and related federal plans and to set up alternative models with federal funding.James Mccarten, "Grits laud compassionate care plan," Hamilton Spectator, 7 January 2004, A10. Notwithstanding their disagreements, Pelletier and his counterparts in the Canadian government completed a four-year deal on child care funding just before the Martin administration fell in late 2005."Quebec and Ottawa close to a deal on day-care funding, say sources," Canadian Press, 26 October 2005, 23:25; Philip Authier, "Daycare deal announced: Federalist love-in; Gives Quebec funding, no strings attached," Montreal Gazette, 29 October 2005, A14.
Pelletier also supported Quebec's autonomy in the management of health care.Richard Mackie and Rhéal Séguin, "Ontario, Quebec to talk strategy on health care," The Globe and Mail, 22 April 2004, A7; Campbell Clark and Mark Hume, "Martin sells health plan to skeptical premiers," The Globe and Mail, 27 May 2004, A7. In early 2005, he announced that the province would undertake a controversial experiment with some private health providers. While stressing that he supported the five principles of Canadian medicare and favoured the public system, he nonetheless called for "some adjustments that would allow participation for the private partners."Jack Aubry, "Quebec tests private role in health care," Ottawa Citizen, 11 April 2005, A6.