How does Quebec square Bill 62 with Charter rights?
Government should make legal opinions public, as was demanded of PQ, Jack Jedwab says.
On Tuesday, Quebec Justice Minister Stéphanie Vallée contended that Bill 62, her government’s newly passed legislation on face coverings and religious accommodation, is not in violation of the Charter of Rights. Further, in response to a journalist’s questions, she stated that the ministry had provided her government with legal opinions to that affect.
If the Quebec government has secured one or more written legal opinions, these should be released to the public in order to reassure those Quebecers who are legitimately concerned about the new law’s potential violations of the Quebec and Canadian rights charters. The Quebec Human Rights Commission has expressed serious concerns, in particular regarding the controversial measures that will restrict access to public services for women who cover their faces for religious reasons.
Up to now, Vallée has refused to share her legal opinions with Quebecers, invoking the ministry’s tradition of maintaining confidentiality around such sensitive matters. This evokes an air of déjà vu. When the Liberals were in Opposition, they insisted on several occasions, after the Parti Québécois government introduced its Charter of Values in late 2013, that the government release the legal opinion(s) it had purportedly secured to refute the claim that the Charter of Values violated fundamental rights. At that time, justice minister Bertrand St-Arnaud of the PQ offered the very same rationale as Vallée does now for not doing so.
In Opposition, the Liberals did not accept that explanation, and continued to demand any legal opinions be rendered public. During the 2014 election campaign, the Liberals declared that when in government they would ask the Justice department to release them. Soon after
Bill 62’s provisions on face coverings are more likely to threaten social cohesion than to enhance it.
they assumed power, however, the Liberals determined that the previous government was not in possession of any in-house legal opinion supporting the Charter of Values.
On Bill 62, this government should be obliged to meet the same standard of accountability it expected the previous government to meet with regard to the Charter of Values.
To justify the government’s legislation, Vallée refers to the court of public opinion, and specifically to a recent Angus Reid survey that pointed to considerable support for Bill 62 (it’s worth noting that the survey did not refer to any particular provision of the bill). Ironically, the PQ served up the same justification for the Charter of Values, which also benefited from much public support.
Despite Quebecers’ endorsement of the Charter of Values, however, a majority also wanted it to be submitted to the court to determine whether it was constitutional. If they felt that way, it’s probably because many Quebecers remain uncomfortable with legislation that risks violating the Charter of Rights. During the 2014 election campaign, the growing awareness that implementation of the Charter of Values would lead to the firing of civil servants for wearing religious symbols resulted in declining support for the proposed legislation. In other words, many Quebecers were more likely to appreciate the Charter of Values in theory than they were in practice. The same may be true when it comes to Bill 62.
In 2014, the PQ contended that establishing shared societal values was the paramount objective of its Charter. The Liberals insist that the purpose of Bill 62 is to foster social cohesion and promote living together in social harmony (what some observers call “le vivre ensemble”). There is ongoing discussion among academics and policy-makers over the very meaning of social cohesion. Whatever the precise definition, a strong case can be made that the Bill 62’s provisions on face coverings are more likely to threaten social cohesion than to enhance it.
I believe the best way to foster social cohesion is to ensure respect for fundamental freedoms as guaranteed by the Charter of Rights.