Ban on religious garb would be ‘legalized discrimination’: critic
‘It will be open season on minority rights,’ Fo Niemi says of CAQ’s plan
The head of a minority rights group warns if the incoming Coalition Avenir Québec acts on its proposed ban on religious symbols, it will be “very disturbing days ahead” for ethnic communities.
“It will be open season on minority rights,” said Fo Niemi, the executive director of the Centre for Research-Action on Race Relations, adding that a law banning religious gear amounts to “legalized discrimination.”
Since his election on Monday, premier-elect François Legault said he will move ahead quickly with a proposal to ban the wearing of religious garb like kippahs, turbans and hijabs from the public service for people in so-called positions of authority.
That would mean public school teachers, crown prosecutors, police officers and judges would not be permitted to wear what the party calls religious signs.
On Tuesday, Legault said he would use the notwithstanding clause in the Charter of Rights that allows governments to override enshrined rights.
On Wednesday, CAQ MNA Geneviève Guilbault told reporters that public sector employees in the targeted professions will be the authors of their own demise if they choose to wear outwardly religious clothing or head coverings, and will have to find other jobs.
“The tragedy is that they’re targeting specifically the Muslim community, but they ’re not saying that. Instead they ’re talking about secularism and religious symbols,” Niemi said. “A lot of minorities will feel very much targeted and vulnerable. This is a clear frontal assault on fundamental rights and freedoms.”
He fears that if the government imposes discriminatory practices for its public servants it will legitimize discriminatory hiring practices of all sorts in the private sector. Niemi, whose group regularly undertakes court challenges to protect minority rights, said he might be limited on how to challenge a law that invokes the notwithstanding clause.
“The fundamental problem we will have is that if the notwithstanding clause is used, it will be perfectly legal,” Niemi said.
A spokesperson for Muslim women said it would be sad if the CAQ went ahead with its proposal.
“I’m surprised that they have taken that stand because I thought (Quebecers) had defeated that kind of mentality,” said Alia Hogben, a spokesperson for the Canadian Council of Muslim Women, in reference to the 2014 defeat of the Parti Québécois government and its planned “charter of values.”
“I think it’s a great pity they are doing this because how a person dresses surely doesn’t translate to their performance,” Hogben said.
She added it’s not the place of the government to dictate what people should be wearing.
“It’s unreasonable, it’s prejudicial, and I don’t see how it will work. I think they will get into lots of trouble with civil liberties groups.”
Niemi urged the incoming CAQ government to tread slowly and carefully when instituting any laws that would put impositions on minorities, especially since the newly elected caucus is predominantly white and Christian, with very few members of minority groups.
Paul Clarke, the executive director of Action Refugiés Montréal, said he was disappointed the new government plans to make a ban on religious garb one of its first priorities. He said it sends a negative image to new arrivals.
“These people are coming from lands where there are fewer rights,” he said. “It’s unfortunate we have to tell people how to dress. It’s a negative message for people who dress differently for different religious reasons.”