Students and staff at Pierrefonds Comprehensive High School in Montreal's West Island, held a protest against Bill 21 over their lunch break on Friday. (Image credit: Valeria Cori-Manocchio | CBC news)
Written by: Nicole Nashen
Over the past few months, the world has woken up to the inequalities that minority communities face. We have learned about the pervasiveness of racism and discrimination within the very structures of our societies. As a result, activism became “trendy” for a short period of time, however that trend is fading away. By that same token, a year ago Bill 21 was a buzz word in the media, while today, we rarely see it reported on. Although this topic is no longer trendy, there are still people incapable of seeking employment because of the religious symbols that they wear. For this reason, it is vital that we start talking about this topic again.
Bill 21 is a complex law, but no need to worry, Montreal in Action is here to break it down for you! This blog is the first in a series that will provide you with all you need to know about Bill 21: what it is, who it impacts, how organizations are taking action to combat it and what you can do to get involved. One of the beauties of democracy is that if you stay informed, you can help implement the changes you want to see in your society, and we are here to help you do just that!
THE FUNDAMENTALS
Bill 21, an Act respecting the laicity of the State, was implemented by the provincial Coalition Avenir Quebec (CAQ) government on June 16th, 2019. This Bill prohibits teachers, judges, police officers and prison guards from wearing religious symbols while on the job. It also prohibits people from giving or receiving various public services with their faces covered. For example, a woman is not permitted to take public transit while wearing a hijab or niqab. According to the CAQ, the Bill is based on four principles: “the separation of State and religions, the religious neutrality of the State, the equality of all citizens, and freedom of conscience and freedom of religion”. Its stated purpose is to ensure state laicity, a form of secularism specific to Quebec, by preserving the distinct social values that define the province. It seeks to promote the history, culture and heritage of Catholicism in Quebec while discouraging the presence of religion itself in society.
THE PROBLEM
This Bill disproportionately affects Muslims, Sikhs and Jews since some members of these religious minorities wear religious symbols. Over the past year, Bill 21 has excluded religious minorities from being able to hold positions of authority within the public service. Not only does the Bill violate the “freedom of conscience and religion” outlined in Section 2 of the Canadian Charter, due to the Bill's vague wording, experts speculate that it can only be applied subjectively. While the government claims that the purpose of the Bill is to promote secularism, the overwhelming presence of Catholicism in Quebec suggests that perhaps the problem isn’t religion in general, but rather religions other than the dominant one.
François Legault, Premier of Quebec, has repeatedly characterized the presence of religion in society as a social problem. Legault claims that the purpose of the Bill is to affirm the history and values of the majority of the Quebec population. As the Center for Israel and Jewish Affairs (CIJA) mentioned during the public consultation on Bill 21, the CAQ’s narrative of a shared Quebec culture excludes Jews by failing to recognize the contribution of the Jewish community to shaping Quebec society over the past two and a half centuries. The same can be said for other religious minority communities targeted by this Bill.
Although the Bill restricts the religious freedoms of teachers, judges, police officers and prison guards, teachers are especially affected by this law. The English Montreal Schoolboards’ lawyers have pointed out that 88% of their preschool and elementary school teachers are women and 53% of Muslim women in Canada wear a head covering. Similarly, Sylvain Mallette, the President of the Federation autonome de l'enseignement, said that 75% of their members are women and notes that the hijab is one of the most visible religious symbols. When the Quebec government surveyed schools about religious symbols, 93% of schools said that religious symbols did not cause any tensions. Due to the lack of evidence for the basis of the Bill, many individuals and institutions question if this Bill is trying to solve a problem that does not exist.
THE FIGHT AGAINST BILL 21
There have been multiple lawsuits filed as a result of this bill. The National Council of Canadian Muslims, the Canadian Civil Liberties Association and Ichrak Nourel Hak filed a legal challenge to the Superior Court of Quebec, asking them to pause the application of Bill 21. The English Montreal Schoolboard filed a legal challenge to the bill based on the fact that it violates minority language educational rights for English speakers in Quebec. The Federation autonome de l’enseignement also filed a lawsuit challenging the bill. Quebec citizens have also joined the fight against Bill 21. Over the past year, there have been many protests against the bill and multiple petitions have circulated as well.
HOW YOU CAN GET INVOLVED
Do you believe that Bill 21 discriminates against different religious and ethnic minorities? If so, please let your voice to the cause. Several organizations have launched petitions to suspend Bill 21. Here’s a list of petitions you can sign:
Click here to sign The Canadian Civil Liberties Association’s petition to suspend Bill 21. (After you sign the petition, don’t forget to verify your signature through the link in your email!)
Click here to sign the National Council of Canadian Muslims’ petition the government of Canada.
Click here to sign the World Sikh Organization of Canada’s petition calling on elected officials to denounce Bill 21 and determine how to overturn it.
This concludes our introductory blog to Bill 21. Now that you understand the basics, you’re well equipped for the next post in the series where we will dive into the impact that Bill 21 has on the lives of many Quebeckers.
Stay tuned for our next post!