Quebec tables ban on religious symbols
opens door to discrimination, Trudeau says
QUEBEC • The Coalition Avenir Québec government has tabled its promised secularism bill in the National Assembly.
Tagged Bill 21, “An act respecting the laicity of the state,” the legislation proposes a renewed commitment to the separation of church and state. It invokes the notwithstanding clause to shield it from legal challenges.
In the face of criticism from civil rights groups and organizations representing religious minorities, the bill declares that the law will have affect “notwithstanding” protections in the Canadian Charter of Rights and Freedoms and “despite” protections in the provincial Charter of Human Rights and Freedoms.
Immigration, Diversity and Inclusiveness Minister Simon Jolin-Barrette said the notwithstanding clause has been used more than 100 times in Quebec, and the province is within its rights under the Canadian Constitution to use it with Bill 21.
“Quebec is a nation,” he said. “No one contests this reality and our fundamental right to decide our own future and the orientations of our society.” He called it “perfectly reasonable” that a choice about the secular nature of the state should be decided by the Quebec legislature alone.
Speaking to reporters in St. Stephen, N.B., Thursday, Prime Minister Justin Trudeau said the bill opens the door to discrimination.
“I think one of the things that a lot of Quebecers are going to be asking in the coming hours and days is about how this proposed law is actually going to work,” he said.
“And quite frankly, I expect a large number of Quebecers to have some serious questions about that, because Quebecers, like all Canadians, are proud of living in a free and just society, and I don’t think a lot of people feel that in a free society we should be legitimizing discrimination of our citizens based on religion.”
The bill includes a clause stating public servants in positions of authority — such as judges, prosecutors, police officers, prison guards and elementary and high school teachers — will not be allowed to wear religious symbols while on the job.
Those were the people on Coalition Avenir Québec’s list during the election campaign, but the bill adds many more including school principals and vice-principals, peace officers and court agents including clerks and sheriffs.
But employees already working for the government will be exempt, as the bill includes a grandfather clause to recognize acquired rights. The clause applies as of the tabling of the bill Thursday, but only as long as the person retains the same function in the same organization.
Unlike the old Parti Québécois Charter of Values, the CAQ bill does not define the types of symbols that are banned or include any pictograms. It just says all symbols of all religions are included.
The bill also picks up on the former government’s secularism package, Bill 62, and includes a section stipulating public services must be delivered and received with the face uncovered.
The government has also announced it is willing to move the crucifix that has been hanging over the speaker’s chair in the Blue Room of the legislature for 83 years to another place in the building.
Bill 21 was a key election promise designed to appeal to the party’s francophone base and the government believes it has the support of a clear majority of the population based on the results of the October 2018 election and public opinion polls.
Premier François Legault also wants to succeed in “turning the page” on the issue after his predecessors Philippe Couillard, Pauline Marois and Jean Charest failed.
Already there are questions about how the government can apply the rules because the bill will create two categories of workers: those who are allowed to wear symbols and those who are not.
The English Montreal Montreal School Board has announced it will refuse to enforce the law despite Legault’s pitch that the bill is reasonable and represents a compromise.
And one of the big teacher’s unions, the Fédération autonome de l’enseignement, this week launched a court case to fight against any plans for a head count of public workers wearing symbols.
“We will defend our members tooth-and-nail,” FAQ president Sylvain Mallette said.
A day earlier, Legault launched an appeal for a calm, respectful debate on the issue, which polarizes public opinion every time it is launched.
“My objective with the bill on laïcité is to achieve consensus,” Legault said Wednesday. “You will see tomorrow. I accepted to make certain compromises. What I want to do is rally the most Quebecers possible.
“I already told my MNAs and ministers that we have to maintain a respectful tone with our adversaries.”
Following the tabling, the government will move that the bill be sent to a committee of the legislature for further study. The government wants to fast track the bill into law before the house recesses in mid-June.