Montreal Gazette

‘Values’ must not trump rights:

THE PARTI QUÉBÉCOIS is playing the race card with its unconstitu­tional Charter of Quebec Values

- L. IAN MACDONALD

Sovereignt­y

can’t be sold, and the language issue evidently doesn’t move the numbers for the Parti Québécois, so the Marois government has decided to play the identity card instead, with its proposed Charter of Quebec Values.

Maybe it’s time to call it what it is: the race card.

Banning headgear and the wearing of religious symbols by government employees is conformist, discrimina­tory and intolerant. Not to mention that it’s racial profiling.

All of this in the name of promoting a secular state, while leaving the crucifix in the National Assembly because, after all, it’s part of our cultural heritage. Enough already! That the proposed Quebec charter is unconstitu­tional is an open-and-shut case. It clearly violates the Canadian Charter of Rights and Freedoms that is part of the 1982 Constituti­on Act, as well as the Quebec Charter of Human Rights and Freedoms of 1975. In fact, on fundamenta­l freedoms, the two charters are virtually wordfor-word identical.

Article 2 of the federal charter stipulates: “Everyone has the following fundamenta­l freedoms: freedom of conscience and religion; freedom of thought, belief, opinion and expression; freedom of peaceful assembly; freedom of associatio­n.”

The same words appear in Article 3 of the Quebec charter, enacted by the Bourassa government in 1975 in the wake of a bitter language debate.

Moreover, the proposed Charter of Quebec Values offends Canadian constituti­onal convention going all the way back to the Quebec Act of 1774. The Quebec Act guaranteed Quebecers the freedom to practise the Catholic religion, and restored French civil law alongside British common law. It also allowed Catholics to hold public office and removed a reference to the Protestant denominati­on in office-holders’ oath of allegiance to the Crown.

The Quebec Act later served as the model for asymmetric­al federalism in the British North America Act, now styled the Constituti­on Act of 1867.

Section 93 of the Constituti­on Act specifical­ly entrenched the right to denominati­onal education in Quebec. It stated that nothing in the provincial jurisdicti­on of education “shall prejudicia­lly affect the right and privilege to denominati­onal schools” for Protestant­s and Catholics. It required nothing less than a constituti­onal amendment between the federal Chrétien and provincial Bouchard government­s to change Quebec’s school boards from denominati­onal to linguistic-based.

Section 133 of the Constituti­on Act entrenched both French and English as the recognized languages of the legislatur­e and courts of Quebec, a provision that prevails to this day.

The constituti­onal heritage of Sections 93 and 133 is one of a tolerant society that protected both its religious and linguistic-minority communitie­s. Along with the division of powers, they were dealmakers in the bargain of Confederat­ion.

And the federal Charter of Rights explicitly entrenches the fundamenta­l freedoms of conscience and religion.

So Pauline Marois thinks her bill will pass constituti­onal muster? Any firstyear law student could tell her otherwise. She does have the constituti­onal override of the notwithsta­nding clause in the federal charter, which would allow her to set it aside for five years, but she’s already said she wouldn’t do that.

Instead of proposing a generous society, open to the world, this is how Marois sees a sovereign Quebec. Her national project is narrow, parochial and bigoted.

The charter also exposes Quebec to derision and ridicule on the national and world stage. Naheed Nenshi, the popular Muslim mayor of Calgary, has invited anyone who has an issue with the Charter of Quebec Values to move there. A hospital in Oshawa, Ont., recruiting McGill med students, put up an ad featuring a young doctor wearing a head scarf, saying it wanted what was in her head, not what was on it. In Britain, The Guardian website ran the Quebec government’s pictograph­s of what was acceptable to wear to work and what was not.

If this weren’t so serious, it would be hilarious.

Previously, Marois proposed Bill 14, amending Bill 101 to, among other things, end the bilingual status of municipali­ties whose nonfrancop­hone population fell below 50 per cent.

Marois evidently realized that she didn’t have the votes to pass the bill in the minority legislatur­e, with both the Liberals and Coalition Avenir Québec opposed to it. She may not have the votes for the charter either, but maybe what she wants is an election on it.

She’s doing identity politics, which apparently plays well outside the Montreal region, as it did for Mario Dumont’s Action démocratiq­ue du Québec in the 2007 election, and for the CAQ in the 2012 campaign. It isn’t governing; it’s playing to the crowd.

This is shameless and immoral. Fortunatel­y for us all, it’s also totally unconstitu­tional. lianmacdon­ald@policymaga­zine.ca

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