Raj: Quebec is using the Constitution to take away the rights of minorities. What if that becomes the norm?

Good question although the solution of opening the constitution to provide “guardrails” for use of the notwithstanding clause would be opening a Pandora’s box given that other issues would emerge, not to mention garnering sufficient provincial support:

Fatemeh Anvari has started a national conversation.

The school teacher in Chelsea, Que., removed from her classroom this month because of her hijab, has put a face to Bill 21, the Quebec law that prevents those wearing religious symbols from holding certain public-sector jobs.

The law is popular in Quebec, where Premier François Legault defended it again Monday as reasonable and important to ensure secularism and the appearance of neutrality.

“People can teach if they take off their religious symbol while they teach, and when they are in the streets, at home, they can wear a religious symbol,” Legault told reporters.

The shocked parents of students at Chelsea Elementary School want to use their outrage to cast a light on Bill 21’s injustice.

But a Quebec Liberal MP hopes Anvari’s case prompts broader thinking. Anthony Housefather wants a national discussion on the use of the notwithstanding clause, and how to prevent the majority from using its position to curb the rights of minorities.

Anvari lost her ability to teach because Legault pre-emptively used the Charter of Rights and Freedoms’ notwithstanding clause, section 33, giving the Quebec government the ability to trample on fundamental rights and shield its action from the courts. (It is doing so again with language Bill 96.)

“I’m not naïve about it,” the Mount Royal MP told me. Amending the Constitution to add parameters around the clause or eliminate it completely requires the approval of at least seven provinces representing 50 per cent of the Canadian population. The only other direct option would be Ottawa’s power of disallowance, last used to invalidate provincial law in 1943.

Source: Quebec is using the Constitution to take away the rights of minorities. What if that becomes the norm?

Raj: Erin O’Toole denounces religious persecution abroad. Why can’t he do it in Canada?

Good question. And other political leaders need to step up as well:

“I cannot in good conscience keep silent on this anymore,” Conservative MP Kyle Seeback tweeted Thursday morning. “This is an absolute disgrace. It’s time politicians stood up for what’s right. Bill 21 has to be opposed. In court, in the house of commons and in the streets.#bill21mustgo #cdnpoli

It was an unusual statement from a Conservative MP, and a risky one. This is not Conservative Leader Erin O’Toole’s position on Quebec’s controversial law, which bars individuals who wear religious symbols from holding certain jobs in public institutions. Since his election as leader, O’Toole has defended Quebec’s right to enact such discriminatory legislation. After his first meeting with Quebec Premier François Legault, back in September 2020, O’Toole pledged not to challenge Bill 21 in court. “We need a government that respects provincial autonomy and provincial legislatures,” he told reporters.

For the MP for Dufferin—Caledon to go out on such a limb publicly, amid a climate of fear and retribution (O’Toole’s team has threatened caucus expulsions to those who don’t toe the party line), is commendable. Behind closed doors, Tory MPs tell me Seeback has been pitching to caucus and to the party leadership that a strong position denouncing Bill 21 is not just the right thing to do, it’s the smart political thing to do.

While his pleas resonate with some of his colleagues, they don’t appear to have nudged his leader.

But Seeback, who declined an interview request, is right. Opposing Bill 21 is a great wedge against the Liberals on an issue where the Tories desperately need to rebrand, and in an area of the country where they need to win.

The Conservatives have a GTA problem and a visible-minority problem. Out of the 56 ridings in the Greater Toronto Area, the Conservatives hold six (although all but two are located on the periphery), while the Liberals have 50. It wasn’t always this way. In 2011, Stephen Harper found his majority in the GTA, sweeping the ethnically diverse areas of Brampton and Mississauga.

But over the past decade, the Tories pursued policies that alienated many of these communities. From immigration minister (now Alberta Premier) Jason Kenney’s niqab ban during citizenship ceremonies, to the barbaric practices snitch-line, to leadership hopeful Kellie Leitch’s values test, to the Tories fervent opposition to M-103, a motion denouncing Islamophobia.

In 2015, Brampton and Mississauga showed Harper the door. Seeback lost his seat in Brampton West. The same happened in 2019, and again in 2021.

Source: Erin O’Toole denounces religious persecution abroad. Why can’t he do it in Canada?