Khan: Gender-equality rights, it turns out, aren’t safe from the notwithstanding clause

Of note:

… Perhaps the most jarring analysis is the Court’s dismissal of arguments by the bill’s opponents based on section 28, which enshrines gender-equality rights in the Charter. That argument makes the point that Bill 21 disproportionately restricts the freedom of religion and expression of Muslim women compared to men. The notwithstanding clause cannot be used to shield laws that discriminate between women and men – i.e., it cannot override section 28.

In fact, during the drafting of the Charter, Canadian women demanded the exclusion of section 28 from the notwithstanding clause. They had the foresight to ensure that gender-equality rights could not be denied by the potential whims of future governments.

But Quebec’s appeals court took great pains to explain that section 28 is, in fact, included in the notwithstanding clause. How? Well, by actually being included in each of the rights enshrined in sections 2 and 7 to 15, and thus having no stand-alone value in of itself.

For example, the Court considered a hypothetical law that gives police the power to detain and search all women unaccompanied by a male in public between midnight and 5 a.m. This violates sections 8 (security against unreasonable search) and 9 (no arbitrary detention). The Court argues that if the notwithstanding clause was invoked to shield the law, section 28 cannot be used to declare the law unconstitutional on the basis of gender inequality, since its only value lies in its association with existing rights – not rights that have been suspended.

The Court’s logic reminds me of the following imperfect analogy: it’s the pre-1960era, section 28 is an unmarried woman, and her only value is through her association with a man, say a father, a brother, a husband, a son (any one of sections 2 and 7-15). Where no such man exists, she has no real inherent value of her own.

The Court’s logic is also dangerous, as it means there is no real protection for women against discriminatory laws if a legislature pre-emptively invokes the notwithstanding clause. Her personal agency and equal opportunity can be taken away at the behest of a hostile legislature. Just ask Muslim women in Quebec.

Source: Gender-equality rights, it turns out, aren’t safe from the notwithstanding clause

Conservatives clarify opposition to Bill 21 following vote for notwithstanding clause

Not sure that they will be able to appease all the various groups, whether community or regional, with this approach of trying to have it both ways:

The federal Conservatives are trying to reassure the World Sikh Organization of Canada that the party remains opposed to Quebec’s secularism law after its MPs voted in support of a provision the province used to make it into law.

On Monday, the Conservatives voted en masse in favour of a Bloc Québécois motion recognizing that provinces have a “legitimate right” to use the notwithstanding clause, including pre-emptively.

In Tuesday’s letter to Balpreet Singh, a spokesman for the Sikh association, deputy Conservative leader Tim Uppal said the Liberals are trying to spin a narrative that the Conservatives explicitly support the “pre-emptive use” of the clause.

The clause is a provision in the Charter of Rights and Freedoms that allows provincial and federal governments to pass laws that circumvent parts of the Charter for a period of up to five years.

When the clause is invoked pre-emptively, it effectively prevents anyone from launching a legal challenge in court.

“We’re talking about the suspension of human rights and the erosion of the charter,” Singh said. “And that’s a huge hit. Not just for minorities, but for all Canadians.”

The Sikh organization is among groups vocally opposed to Quebec’s secularism law, which bans some public servants in positions of authority from wearing religious symbols such as turbans at work.

Premier Francois Legault’s government invoked the notwithstanding clause to usher in the law, as well as Bill 96, which reforms provincial language laws.

In 2021, the Ontario government used the notwithstanding clause to restore parts of the Election Finances Act. It also invoked the clause last year to impose a new contract on education workers, but quickly backed down from the measure.

In his letter, Uppal says the notwithstanding provision is a “long-standing part” of the Charter of Rights and Freedoms and the ability of provinces to use it is “the legal reality.”

He goes on to say Trudeau’s government has “not made any attempts to change it,” despite having been in power since 2015.

“Since Bill 21 was introduced in March of 2019, the Liberal government has taken no action in the courts to oppose it,” Uppal said.

Uppal says that Conservative Leader Pierre Poilievre has been clear he is against the Quebec law, and while he respects the province’s ability to pass its own legislation, he hopes it is repealed.

Singh said Tuesday that he appreciates the clarification, but is disappointed with the Conservatives choosing to vote for a motion that appears to be “empowering” provinces to use the clause.

“You can’t say that they can use the notwithstanding clause willy-nilly,” he suggested, while also arguing against Bill 21.

Source: Conservatives clarify opposition to Bill 21 following vote for notwithstanding clause

Labelle: Amira Elghawaby et le 59% de racistes québécois

The poll referred to in the Elghawaby/Farber op-ed was in 2019, not 2007, and discomfort with Muslims in Quebec has polled somewhat higher than elsewhere in Canada over various polls and time periods.

Quebec periodically has these debates, as Labelle is right to remind us, and of course polling reflects the issues and controversies of the day, and the specific formulation of questions:

Les déclarations de l’ancienne journaliste Amira Elghawaby, nommée au poste de représentante spéciale du Canada chargée de la lutte contre l’islamophobie, suscitent un tollé, avec raison. Elle a, entre autres fausses nouvelles, fait référence aux résultats d’un sondage réalisé en 2007 par la firme Léger selon lesquels 59 % des Québécois se considéraient comme racistes. En tant que journaliste, elle aurait pu examiner de plus près ce sondage pour en constater les failles. Mais un quelconque objectif plus ou moins caché l’aura sans doute emporté sur son éthique de travail.

Le fatidique sondage de 2007

Le 15 janvier 2007, en plein contexte de débats intenses sur les accommodements raisonnables, après que le conseil municipal d’Hérouxville eut adopté un code de conduite ciblant les accommodements religieux, Le Journal de Montréal publiait un sondage réalisé par la firme Léger Marketing par le biais de deux sondages Internet, entre décembre 2006 et janvier 2007, avec un titre choc : « 59 % des Québécois se disent racistes ».

Or, à l’instar de mes collègues Rachad Antonius et Jean-Claude Icart, chercheurs spécialisés comme moi en sociologie du racisme, ces résultats m’apparaissaient immédiatement suspects. Dans la foulée, nous avons publié deux articles à ce sujet, l’un dans La Presse, l’autre dans la revue Éthique publique. Selon notre analyse, plusieurs raisons expliquaient ces résultats aberrants : une définition douteuse du racisme, l’agrégation de catégories non agrégeables, ce que l’on apprenait des attitudes concernant les accommodements raisonnables en comparaison, et l’absence des Premières Nations.

Une définition douteuse et des résultats contradictoires

La définition scientifique du racisme consiste en ceci : « Une idéologie qui se traduit par des préjugés, des pratiques de discrimination, de ségrégation et de violence, impliquant des rapports de pouvoir entre des groupes sociaux, qui a une fonction de stigmatisation, de légitimation et de domination, et dont les logiques d’infériorisation et de différenciation peuvent varier dans le temps et l’espace ».

Or, les sondés devaient réagir à une définition lacunaire : « … au niveau populaire, tous comportements, paroles, gestes ou attitudes désagréables, si mineurs soient-ils à l’égard d’une autre culture… ». Il est peu probable que tous aient saisi la signification profonde du terme « racisme » pour ensuite se juger « racistes ». En fait, ils devaient répondre à des questions (12 à 22) concernant davantage les relations interculturelles, voire l’ethnocentrisme, plutôt que le racisme. Il y avait donc d’entrée de jeu une utilisation déficiente du mot racisme pour exprimer toute une gamme d’attitudes délicates interprétables de façon variable.

Un deuxième problème était le regroupement des sous-catégories (fortement raciste, moyennement raciste, faiblement raciste, pas du tout raciste). Ceux et celles qui se disaient fortement racistes étaient fusionnés avec ceux et celles qui se disaient moyennement ou faiblement racistes, d’où le fameux total de 59 %. Or, que signifiaient exactement le « moyennement raciste » ou le « légèrement raciste » ?

Autre donnée contradictoire : la grande majorité des Québécois (77 %), tout comme la majorité des membres des « communautés culturelles » (80 %) estimaient qu’il n’y a pas de « races » humaines plus douées que d’autres (question 3). Et 78 % des membres des dites « communautés culturelles » déclaraient se sentir bien accueillis.

Comment expliquer ces résultats si 59 % des Québécois étaient racistes ?

D’autres contradictions sur les accommodements raisonnables

Il faut souligner que le sondage Léger Marketing de janvier 2007 s’est tenu dans un contexte chargé. L’opinion publique était chauffée à blanc par les politiciens et les médias sur la question des accommodements raisonnables à caractère religieux.

Dans le même sondage, Léger a donc cru bon d’introduire deux questions sur cet enjeu de société : « Quel énoncé correspond le mieux à votre opinion ? 1. Tous les immigrants devraient respecter les lois et règlements du Québec même si cela va à l’encontre de certaines croyances religieuses ou pratiques culturelles ; 2 « Il est nécessaire d’adopter des accommodements à nos lois et règlements pour ne pas obliger les immigrants à aller à l’encontre de leurs croyances religieuses ou pratiques culturelles ». Le résultat obtenu fut le suivant : « La très grande majorité des Québécois (83 %) croient que les immigrants devraient respecter les lois et les règlements du Québec, même si cela va à l’encontre de certaines croyances religieuses ou pratiques culturelles. Chez les membres des communautés culturelles, 74 % sont du même avis ».

En conclusion, on peut aussi se demander pourquoi le sondeur distinguait « communautés culturelles » et « Québécois », une question de fond dont l’importance politique et citoyenne est immense. Et pourquoi la dimension autochtone a été alors complètement évacuée de l’enquête  Le Journal de Montréal publiait en janvier 2007 un tableau intitulé « L’immigration en 5 minutes », dans lequel les 130 165 membres des « Premières Nations » figuraient parmi les « importantes communautés culturelles du Québec » issues de l’immigration ! Une gaffe désespérante…

On peut aussi se demander s’il ne serait pas pertinent de mener des sondages sur les types de préjugés relevant du Québec bashing systémique qui sévit au sein des minorités (un prototype étant celui pratiqué par Mme Elghawaby), à l’égard des Québécois dits « de souche », un incontestable tabou à affronter.

Source: Amira Elghawaby et le 59% de racistes québécois

Phillips: Storm over Elghawaby appointment proof of need for someone like her in the job

Representative of the favourable commentary to her appointment. I agree, if she hadn’t been public on her opposition to Bill 21 and the public attitudes behind it and previous Quebec debates, she would have no credibility. It is more with respect with her other positions that questions can be asked:

It took 18 months for the Trudeau government to carry through on its promise to name a “special representative” to combat Islamophobia. It took just 24 hours for that appointment to blow up in its face.

Last Thursday the government announced it had named Amira Elghawaby to the position. Elghawaby is well known to us at the Star; she’s been contributing thoughtful, insightful articles to our opinion pages for several years on all sorts of subjects, with a focus on social justice issues.

It was an excellent and well-deserved appointment. The government patted itself on the back for making it a few days before the anniversary of the Quebec City mosque massacre. Prime Minister Justin Trudeau called it an “important step” in the fight against “hatred in all its forms.”

But no good deed, as they say, goes unpunished. Elghawaby has been outspoken, as you’d expect, against Quebec’s Bill 21, the frankly discriminatory law that bars people wearing religious symbols (notably Muslim women) from holding certain government jobs. So Montreal’s La Presse reported that Trudeau had just appointed someone who portrays Quebecers as “anti-Muslim.”

Cue the outrage in Quebec. A federal Liberal minister (Pablo Rodriguez) professed to be “profoundly insulted” as a Quebecer by Elghawaby’s comments. Trudeau called on her to “explain” them. By Monday, the Quebec government was demanding her resignation. And Pierre Poilievre found the time to craft a video attacking Trudeau for appointing someone he smeared as “anti-Quebec, anti-Jewish and anti-police.”

Poilievre’s attack is particularly sleazy. His real target isn’t Elghawaby. She’s just road kill in his assault on the Trudeau government and all its works.

It’s also BS. The idea that Elghawaby thinks Quebecers are Muslim haters is based on an article she co-wrote in 2019 for the Ottawa Citizen with Bernie Farber, who is a human-rights activist as well as being Jewish. They cited a poll showing 88 per cent of Quebecers who hold anti-Muslim views supported Bill 21, and wrote that “unfortunately” most Quebecers seemed at that moment to be swayed “by anti-Muslim sentiment.”

Frankly, viewed in the context of the time, when Quebec had just passed the most discriminatory law in modern Canadian history, the article is remarkably moderate. It decries the “tyranny of the majority” and ends with an appeal to uphold “basic human rights and dignity” for all. 

Elghawaby’s other supposedly offensive comments have also been twisted out of shape. As for being “anti-Jewish,” her appointment was welcomed by the Centre for Israel and Jewish Affairs, the country’s leading Jewish organization, as well as by Irwin Cotler, Canada’s special representative on antisemitism. If she’d taken anti-Jewish positions, you’d think they’d have noticed.

I don’t agree with quite a bit of what Elghawaby has written, such as her view that Canada should abolish the monarchy. But so what? I haven’t seen a thing she’s written that goes beyond the bounds of reasonable debate (and no, I don’t include the occasional badly worded tweet). 

As a human-rights activist she challenges Canadian complacency, but that hardly disqualifies her from serving (in the words of the government’s announcement) as a “champion, adviser, expert and representative” on fighting anti-Muslim hatred. On the contrary.

Some will argue that, regardless of all this, her appointment is “divisive” — the evidence being the reaction to it in Quebec. But the truth is that while hatred of all sorts knows no political boundaries, there is a particular problem with the way Quebec handles issues of religious tolerance and minorities.

The evidence for that is plain for all to see in Bill 21 itself, which is blatantly discriminatory and racist in effect if not in intent. Sure, there’s a complicated history behind all this. But if Islamophobia can’t be frankly confronted in Quebec, of all places, there’s no point in having a national representative on the issue.

On Monday, the prime minister said he’s satisfied with Elghawaby’s explanation of her past remarks and she will remain in place. That’s absolutely the right decision. In fact, the uproar around her appointment is the best possible demonstration of the need for putting someone like her in the job.

Source: Phillips: Storm over Elghawaby appointment proof of need for someone like her in the job

Khan: The downfall of Quebec’s Bill 21 could come thanks to women

We will see:

The notwithstanding clause of the Canadian Charter is no longer an obscure legal term. Thanks to Ontario Premier Doug Ford’s recent use of Section 33 to prevent job action by education workers – he has invoked the clause, or threatened to do so, three times in four years – ordinary Canadians now know that their basic human rights can be suspended at any time. We aren’t talking about emergency measures here, nor are we discussing reasonable limits through democratic mechanisms; ours is the only constitutional democracy that potentially allows for the gutting of basic rights in the name of what a parliamentary majority deems a matter of governance.

Who could have foreseen the consequences of this clause?

Well, Canadian women, for one.

When the Charter was being drafted, women demanded equality rights – but they were derided at committee hearings for doing so. In 1980, Senator Harry Hays derisively countered by suggesting special rights for babies and children, since “all you girls will be out working and we’re not going to have anybody to look after them.” A year later, more than 1,300 women descended on Parliament Hill to assert equality rights in the Constitution, by affirming Section 15 on general equality and proposing Section 28, on gender equality rights.

Initially, the notwithstanding clause could have been used on Section 28, too. But women fought for its exclusion, having had the foresight to ensure that gender equality rights could not be denied by the potential whims of future governments. We owe them a great deal.

And yet, today, we see the Constitution’s notwithstanding clause leading to disproportionate damage to Muslim women in Quebec.

François Legault’s government has pre-emptively used the notwithstanding clause twice since 2019, to ensure the passage of two bills. One of them, Bill 21, bans some public-sector workers from wearing religious symbols, but lawyers have provided evidence at the Quebec Court of Appeal – which heard a legal challenge to the bill this month – that only Muslim women who wear the hijab have lost their jobs as a result of it.

Indeed, Quebec’s religious minorities have felt increased alienation and despair in recent years, according to the Association for Canadian Studies. Its survey found that the situation is particularly dire for Muslim women: 73 per cent of them said they’ve felt less safe in public since 2019, while 83 per cent said their confidence in their children’s future has worsened.

The Quebec government touted Bill 21 as a “feminist” law, but it has only reinforced prejudices, and given license to bigots. I know this firsthand: During a visit to Montreal, I was berated by a middle-aged francophone Uber driver for wearing the hijab. At the end of the ride, he asked me not to file a complaint. (Of course, I did the opposite.)

This all illustrates Bill 21′s egregious violation of Section 28 of the Charter – namely, that the law disproportionately affects women, and thus violates gender equality. Since the notwithstanding clause cannot override Section 28, Bill 21 could be seen by the courts as invalid – an argument that University of New Brunswick law professor Kerri Froc raised years ago, and is now gaining traction.

Quebec Muslim women are not wilting. They have protested alongside allies who believe in a Quebec where all individuals can thrive. Take, for example, Institut F, a Montreal-based organization that seeks to ensure Muslim women’s personal agency. Its programs provide resources so that each woman knows that she belongs, her voice matters and she is a valued member of society – even if the Quebec government thinks otherwise. At a recent Institut event, I met talented Muslim women in STEM fields such as artificial intelligence, biotechnology and data science – talent that Quebec needs to remain economically competitive. Yet, many of those women expressed doubts about thriving in a society that overtly discriminates against religious minorities.

Something may have to give on this front, too. The labour shortage is so acute in Quebec that the town of Hérouxville – infamous for issuing a code of conduct for immigrants warning them not to stone or burn women alive – is now actively courting newcomers. Today, neighbouring towns are helping migrants find halal food. Economic reality will force the realization that attracting workers means making all feel welcome – not just a select few.

Bill 21’s damage has been done – abetted by the notwithstanding clause. The women who fought to exclude Section 28 from the clause knew its dangers. As Canadians, we must continue that fight to guarantee basic rights for all, be they religious and linguistic minorities in Quebec, education workers in Ontario, or anyone threatened by the notwithstanding clause.

Source: The downfall of Quebec’s Bill 21 could come thanks to women

How Quebec’s 1995 referendum was a turning point for racist comments in political discourse that’s still felt

Of note:

Standing on a stage in Montreal Wednesday night, singer Allison Russell recalled what it was like to live in the city after the Parti Québécois lost the referendum 27 years ago.

“I was spat on, called a monkey and told to go back to Africa,” Russell, who is Black and was born in Montreal, told the audience.

In defeat, former premier Jacques Parizeau had blamed the 1995 loss on “money and ethnic votes.”

Russell, who was 17 at the time, said the comments sparked racist acts in the streets and contributed to her decision to move away shortly afterward. She compared the remark to recent comments about immigration made by Coalition Avenir Québec candidate Jean Boulet and party leader François Legault.

The topic has dominated political discourse in the last days and weeks of the campaign.

In a local debate on Radio-Canada last week, Boulet — who serves as both the province’s labour and immigration minister —  said “80 per cent of immigrants go to Montreal, don’t work, don’t speak French or don’t adhere to the values of Quebec society.”

After Radio-Canada brought the comments to light this week, Boulet issued an apology on Twitter, saying he misspoke and that the statement about immigrants not working and not speaking French “does not reflect what I think.”

Legault said Boulet didn’t deserve to keep the immigration file if re-elected. But Legault himself said Monday that welcoming more than 50,000 immigrants per year would be “a bit suicidal,”referring to the protection of the French language.

Earlier this month, Legault apologized for citing the threat of “extremism” and “violence” as well as the need to preserve Quebec’s way of life as reasons to limit the number of immigrants to the province.

Aly Ndiaye, a Quebec-city based historian and rapper also known as Webster, said he sees the 1995 referendum loss and Parizeau’s remark as a turning point for Quebec nationalism that made way for the kind of things Boulet and Legault have said this election campaign.

From inclusive nationalism to a change in Quebec identity

In the 1960s and 70s, Quebec’s nationalist movement was intent on being progressive and inclusive, Ndiaye said. The movement was inspired by decolonization and revolutions happening across the world at the time — it was looking “outward,” he said.

“After Parizeau, there was a closure,” Ndiaye said. Quebec nationalism turned inward, he added.

“There started to be a more exclusive vision of Quebec identity… That’s what Legault represents.”

What worries Ndiaye is the fact that such comments are rarely labelled as racist, despite the fact that they stem from a vision of society that sees immigrants and their descendants as “second-class citizens.”

“The Legault government is a racist, xenophobic and Islamophobic government,” Ndiaye said. “It’s aberrant.”

Hate calls

Fo Niemi, who founded the Montreal Center for Research-Action on Race Relations (CRARR) in 1983, said he remembers the Parizeau moment clearly.

“I almost fell off my chair,” he said.

Niemi said the centre received hate calls in the days following the Oct. 30, 1995 vote and stopped answering the phone for two or three days as a result.

When it comes to racist comments made in this year’s provincial election, Niemi said that while there is a possibility they could lead to violence, or aggression against immigrants, they could also lead to an overall negative attitude in Quebec toward immigration and immigrants.

“Let’s be clear, we’re not talking about all immigrants. We’re talking about immigrants who are clearly identifiable, i.e. non-white immigrants.”

He agrees with Ndiaye about the hesitation to name racism.

“They don’t call a spade a spade,” Niemi said, calling the CAQ remarks “dog whistle politics,” which refers to the use of messages that convey a particular — usually racist — sentiment to a target audience.

Evelyn Calugay, who runs PINAY, a Filipino women’s rights group, said she remembers hearing about comments made to people in her community as well as to people of Chinese descent in 1995.

Stuff like, “You don’t know how to speak French? Go back to where you belong, where you came from,” Calugay said.

“They will always have somebody to blame and the people they have to blame are always the minorities, the marginalized — because they are a bunch of racists to me!” she said with a bit of a laugh.

Calugay came to Quebec in 1975 to work as a nurse. She is 76.

What happens after the election?

The CAQ isn’t the only party to have come under fire for anti-immigrant sentiments. Comments about Quebec Muslims from Parti Québécois candidates Lyne Jubinville, Suzanne Gagnon and Pierre Vanier and his wife Catherine Provost have surfaced in the past two weeks.

Vanier, the candidate for Rousseau, and Provost, the candidate for neighbouring L’Assomption, were both suspended by PQ Leader Paul St-Pierre Plamondon Friday for posts they made on social media, one of which questioned the intelligence of Muslim women who wear head scarves.

Whatever the election result Monday, Niemi says his concern is what will happen afterward.

“Are we going to talk about the negative fallout of all of these, shall we say, hateful statements?” he said. “What credibility will the government have to address racism and xenophobia and any other negative consequence of these statements?”

As for Russell, the Quebec-born singer now lives in Nashville with her family and recently, after playing in well-known American folk bands, began a solo career with her album Outside Child.

Source: How Quebec’s 1995 referendum was a turning point for racist comments in political discourse that’s still felt

Raj: NDP puts minority rights aside as it courts Quebec

Of note:

The federal NDP and the Green Party’s Elizabeth May voted to endorse the use of the notwithstanding clause and Quebec’s controversial Bill 96 Wednesday, by supporting Bloc Québécois legislation that strips the rights of non-francophones in the province.

The Bloc sought to amend several pieces of federal legislation to impose French as the dominant language in the province and tried to prevent Ottawa from contesting Quebec’s contentious language moves.

Its bill C-238, which was defeated Wednesday, would have changed the Citizenship Act so that Quebec residents can only become citizens if they have “adequate knowledge of French.” Everywhere else in Canada, residents must only demonstrate they speak either French or English. 

The bill also amended the Canada Labour Code, the Official Languages Act, and the Canadian Business Corporations Act by subjecting them to Quebec’s French language charter. 

Whatever the government of Quebec put into its charter would tie Ottawa’s hands.

This is concerning when you consider the nationalist Coalition Avenir Quebec — which is likely to be re-elected with a sweeping majority Monday — passed Bill 96 earlier this year. That legislation amended the French language charter to prevent many English speakers from speaking to each other in English at work (or in a language other than French); made it difficult for employers to require employees know any language other than French; and banned many people from accessing government services in English — even when they are available. It even gave the province the right to enter private businesses without a warrant to ensure emails, for example, are being sent in French and gave individuals the right to seek damages in court if their language rights are breached.

Quebec’s charter also imposes unnecessary hardship on newcomers, forcing them to learn French within six months of their arrival — after which the government only communicates with them in French. Expecting new arrivals to learn a language in six months is not only unrealistic but sets them up for failure.

And yet, this is what NDP Leader Jagmeet Singh and his MPs voted for Wednesday. This from a party that prides itself on standing up for minority rights.

Quebec Premier François Legault has pre-emptively used the notwithstanding clause twice now to avoid legal challenges arising from obvious reaches of the Canadian Charter of Rights and Freedoms, most recently with Bill 96 and previously with Bill 21, a law that prevents Quebecers employed in certain professions such as teachers, judges, and police officers from wearing religious symbols. Just last year, an elementary teacher in Chelsea, Que., was removed from her classroom for wearing a head scarf.

It’s hard to believe this is the kind of behaviour the NDP — or Elizabeth May, now a candidate for the leadership of the Green Party — wants to be associated with.

The decline of French in Quebec is a real concern. It is one shared by many allophones and anglophones in Quebec too. But subjecting federal laws to a provincial government, especially one that has questioned publicly why it should be subject to the Charter of Rights and Freedoms is another thing altogether.

And while the NDP wants to have it both ways — by claiming it is standing up for the protection of the French language and respecting anglophone minority rights — its actions this week show it isn’t doing both. It also raises questions about whether the party is ready to contest for power if it is unwilling to assert Ottawa’s jurisdiction.

New Democrats note that they’ve always supported the idea that federal institutions operating in Quebec should be subject to the province’s language charter. The NDP’s only Quebec MP, Alexandre Boulerice, noted last spring that it made little sense for credit unions in the province to operate under different laws than federally-regulated banks. Bill 96, however, has changed that conversation.

Language is touchy in Quebec. The vast majority of Quebecers support Bill 96. Most of the province’s political parties do too. In fact, Quebec Liberals are polling in the single digits with francophones, likely due to their opposition to Bill 96 and Bill 21. 

For nearly two decades now, the NDP has embraced asymmetrical federalism with Quebec, including supporting the principle that 50 per cent plus one vote is enough to split the country. That position is credited for the party’s big win in 2011. Perhaps we shouldn’t be surprised that yet again the NDP places chasing francophone support in Quebec above all else.

Montreal Liberal MP Anthony Housefather, who helped convince his own caucus and lobbied opposition MPs to vote against the bill, said he was “very relieved” by its defeat. “Using the notwithstanding clause to deny people rights … is just very alarming,” he told the Star.

The silver lining in Wednesday’s vote came from the Liberals and notably Conservative MPs who unanimously stood opposed. Just 18 months ago, on a similar motion, all but one Conservative voted with the Bloc.

A new leader and a 2021 election that saw the Conservatives’ hopes for a big win in Quebec dashed seem to have contributed to an epiphany. That or Pierre Poilievre realized there are more votes to be had fighting the notwithstanding clause outside Quebec than endorsing it inside the province.

Source: NDP puts minority rights aside as it courts Quebec

How a Quebec student’s hijab became the target of a political and cultural storm

Groundhog Day…

The photograph on the Montreal business school’s website was intended to demonstrate a young woman’s possibility and her academic success.

“A rewarding international presence,” reads the blurb beside the photo, written in a black font to match the black cloth hijab wrapped around the head and neck of the woman’s smiling face.

There is not much more that would stand out as unusual in the promotional image of the Algerian exchange student at the HEC Montréal — an image the school uses to tout its international programs, a deep and important revenue stream for the institution, as it is for most other Canadian universities.

But when Jean-François Lisée, a prominent Quebec academic, writer and former politician, viewed the image last weekend, he saw it not as a ploy by a public institution in search of private funds.

Instead, the former leader of the sovereigntist Parti Québécois flared at what he took to be a breach of the secular codes that Quebec governments have been trying to establish over the past two decades to separate religion and the state.

Those efforts culminated in 2019 with the passage into law of Bill 21, which enshrines state secularism, mainly by banning public-sector workers from wearing items of religious clothing or decoration, including crucifixes, turbans and hijabs, while at work.

“University students can display their convictions, religious or not,” Lisée wrote on Twitter. “But for a public institution that is by definition secular, pro-science and pro-gender equality to normalize a misogynistic religious sign in an ad is unacceptable.”

The rebuke from a man who has straddled Quebec’s media and political realms for more than 40 years cast the province back into a fraught debate that it cannot seem to resolve.

Increasingly present in the form of turbans, hijabs and kippahs, at least in part due to immigration patterns in the province, many of Quebec’s white, francophone majority would apparently prefer that religion be neither seen nor heard from in the public sphere.

But each instance of religion rearing its head, reigniting the debate over the place of religious expression in a secular society, is like a freshly formed scab over a cut that is pulled away, exposing the wound to the sting of fresh air.

Kimberley Manning calls them “moments of punctuation” that revive the frequently noxious debate that, in her opinion, risks revictimizing religious minorities in Quebec.

“They contribute to and exacerbate an ever-present experience of not being fully Quebeckers,” says the associate professor of political science at Montreal’s Concordia University. “This is what seems to be coming through in the polling and the research.”

Manning has done her own work, notably a March study of students that found feelings of discrimination that respondents linked to the province’s secularism law.

A more extensive study of Bill 21’s impacts in Quebec, released this week, contends that the law has created a frightening, oppressive and grim environment for religious minorities.

In surveys, Jews, Sikhs and Muslims reported a deterioration in their likelihood to participate in social and political life in the province, in their sense of personal safety, and in their confidence for future prospects.

“(The law) promises all kinds of very noble values, and when we measured those up against the results in the study, we see that it doesn’t achieve those values of neutrality, equality and social harmony,” says Miriam Taylor, director of publications and partnerships with the Association of Canadian Studies.

What the law — most any law — does do is normalize and concretize the biases which underpin it, Taylor says.

Survey respondents said they had experienced a rise in verbal abuse, threats and physical confrontations since the law was adopted.

This jibes with anecdotal evidence and a general sense of uncertainty and anxiety in Quebec’s Muslim communities, says Lina El Bakir, Quebec Advocacy Officer for the National Council of Canadian Muslims.

“When you set out a law that is discriminatory, you allow that to permeate society and people’s views,” she says.

“It affects mental health, it affects security, it affects the ability to just be, you know?”

Lisée, who declined an interview request, said in his criticisms that his beef was not with the Algerian exchange student in the hijab, but with the business school.

The website content in question does not breach any aspects of the provincial law, but he said it sends a message to young Algerians standing up to the pressure of imams and fundamentalists that the school “is not your ally.”

An HEC Montréal spokesperson says the only goal of the image was to show off the diversity of its student body, which includes 3,746 international students from 142 countries. The image will come down from the site next week — not because of Lisée’s indignation but because that’s when its previously scheduled two-week publication run ends.

That may come as a relief to the student, who came to Montreal to obtain a business degree and now finds herself in a debate that is part polisci, part sociology — one that has been going on so long that at least part of it belongs to the annals of history.

Speaking to La Presse columnist Rima Elkouri, the 22-year-old, who declined the Star’s interview request, explained she was initially nervous about coming to study in Canada. She had heard about the killing of four members of the Afzaal family of London, Ont., who were run down by the driver of a pickup truck on June 6, 2021, in what police allege was a hate-motivated attack.

But, Nouha, who was identified only by her first name, said she quickly warmed to her new home in Montreal.

“I have never suffered from discrimination or a lack of respect,” she told the Montreal newspaper.

She said that wearing the hijab was a personal decision, not one forced upon her by her family, though she acknowledged the women who have no choice in the matter.

“I’m against that,” she said, adding that she considers herself a feminist.

“I’ve never found (the hijab) to be a symbol that diminishes the value of a woman. Personally, I consider myself to be a very strong woman. In a few years, I’ll be managing a team of workers. I can’t afford to see myself as a weak person.”

She also said she acknowledges and understands the principles of secularism in Quebec.

“I understand that the school must be truly neutral. But from my point of view, it’s also important to display people from minority groups because those minorities look for a place where they feel at peace.”

The issues on display are not going away.

Before the end of the month, Quebec will be into a provincial election campaign and parties have often fallen back on identity issues to stir up the passions of their voters.

Taylor said she worried about the negative consequences of a campaign in which religion and secularism, majority views and minority rights were “instrumentalized for political gain.”

Before the end of the year, Quebec’s court of appeal is expected to hear a legal challenge to Bill 21. And in Ottawa, Justin Trudeau’s Liberal government has already promised to challenge the provincial secularism law at the Supreme Court.

Taylor’s study found that support for the law among Quebeckers would drop considerably if the Supreme Court ruled that it violated the Constitution.

This bolsters El Bakir’s contention that Quebeckers, like other Canadians, value human rights, despise discrimination and strive for equality.

But she reverts to her native French, and invokes the most Quebecois of expressions, to explain that an older segment of the Quebec population support secularism because they remember when the Catholic Church exerted strict control over all aspects of the province —from schools to hospitals to politics to family life.

“It doesn’t take the head of Papineau!” she says, in reference to Louis-Joseph Papineau, a leader of the rebel Patriote movement in 19th century Lower Canada who was reputed for his intelligence.

“I do understand where older generations are coming from, however societies evolve and we need to understand that realities do change, and one narrative doesn’t always apply.”

Source: How a Quebec student’s hijab became the target of a political and cultural storm

Nicolas: Les mythes et réalités de la loi 21

Good analysis and observations regarding this ACS/Leger study (see earlier New research shows Bill 21 having ‘devastating’ impact on religious minorities in Quebec [particularly Muslim women]):

Pendant qu’on débat pour la millionième fois sur le port du hidjab au Québec — cette semaine à cause de réactions à une publicité de HEC Montréal —, une nouvelle étude sur la Loi sur la laïcité de l’État vient d’être publiée.

Produite par l’Association des études canadiennes, en collaboration avec SurveyMonkey et la firme de sondage Léger, cette étude a été menée auprès de 1828 adultes québécois, dont 632 musulmans, 165 juifs et 54 sikhs. Léger a utilisé les données de Statistique Canada pour que l’échantillon sondé soit représentatif de la population étudiée.

L’étude confirme que la majorité de la population (63,7 %) appuie la « loi 21 ». Ce chiffre tombe à 60 % si on inclut l’option « je ne sais pas », et à 57 % si l’on spécifie « telle qu’elle s’applique aux enseignants ».

Mais l’étude innove en comparant les arguments souvent entendus pour défendre la Loi sur la laïcité de l’État avec les données amassées. L’effet de contraste est saisissant.

D’abord, on avance souvent que la « loi 21 » est « neutre » — c’est-à-dire qu’elle ne vise aucune religion en particulier — et que ses appuis ne sont pas liés à une animosité particulière envers une religion ou une autre. Or, l’étude calcule que 75 % des partisans convaincus du texte législatif ont une opinion négative de l’islam ; 66 % du sikhisme ; 49 % du judaïsme ; 36,5 % du christianisme.

Il se dégage donc ici, selon la chercheuse principale de l’étude, Miriam Taylor, une « hiérarchie de négativité » envers les religions particulièrement marquée.

Parallèlement, la proportion des opposants convaincus à la Loi sur la laïcité de l’État qui ont une opinion négative de ces quatre mêmes religions oscille entre 18 % et 20 %, sans conviction que certaines valent mieux que d’autres.

Ensuite, on dit souvent que les appuis à « loi 21 » sont motivés par une méfiance particulière envers la religion en général ; l’étude a par conséquent voulu mesurer si les personnes elles-mêmes peu religieuses étaient plus nombreuses à soutenir cette législation. Or, on n’a trouvé aucun lien majeur entre la religiosité des répondants et leur appui ou opposition à la loi. Même qu’au contraire, les Québécois qui s’identifient comme catholiques seraient « légèrement plus favorables » à la loi que ceux qui se disent athées.

Fossé hommes-femmes

Par ailleurs, on entend souvent que la Loi sur la laïcité de l’État québécois est profondément féministe, et que c’est au nom de l’égalité hommes-femmes qu’elle a été mise en avant. L’enquête s’est donc intéressée à l’écart dans les appuis à la loi selon le genre.

On a calculé que 68,5 % des hommes et 59 % des femmes au Québec appuieraient la loi, un écart de près de 10 points de pourcentage. Chez les plus jeunes, l’écart est encore plus marqué : 51,7 % des hommes de 18 à 24 ans appuient la loi, alors que seulement 31,5 % de leurs consoeurs font de même. Seules les femmes de 75 ans et plus sont plus favorables à la loi que les hommes de leur groupe d’âge.

L’étude avance également que les femmes québécoises sont plus nombreuses à trouver que « la loi est discriminatoire envers les femmes », que les femmes sont « plus touchées » par cette mesure législative, et que la loi « divise les Québécois ». Les femmes seraient aussi moins nombreuses à trouver que les Québécois qui s’opposent à la Loi sur la laïcité de l’État sont « déloyaux » et à souhaiter qu’une personne qui ne s’y conforme pas perde son emploi.

Existe-t-il une seule autre politique publique dite « féministe » moins appuyée par les femmes que par les hommes ? Ou serait-ce que, dans ce cas-ci, les femmes savent moins bien discerner que les hommes ce qui est bon pour elles ?

Vivre-ensemble

De plus, on répète souvent que la « loi 21 » exprime une volonté collective, et donc que les tribunaux ne devraient pas se « mêler » des décisions de l’Assemblée nationale sur la question.

Pourtant, 64,5 % des Québécois sondés croient qu’il serait important « que la Cour suprême émette un avis sur la question de savoir si la loi 21 est discriminatoire », et seuls 46,7 % des répondants continueraient à l’appuyer si les tribunaux « confirment » qu’elle « viole les chartes des droits et libertés ». On parlerait donc ici d’une chute de 18 points de pourcentage dans les appuis en cas d’une décision négative des tribunaux sur la question.

Finalement, la Loi sur la laïcité de l’État est souvent présentée comme un outil favorisant l’harmonie sociale et le vivre-ensemble.

Or, en sondant spécifiquement les Québécois musulmans, juifs et sikhs, l’étude a trouvé qu’une majorité dans les trois groupes rapporte « un déclin dans leur sentiment d’acceptation en tant que membres à part entière de la société québécoise » depuis l’adoption du texte législatif. Quelque 64 % des femmes musulmanes, 67 % des hommes sikhs et 87,5 % des femmes sikhs qui ont participé à l’étude ont dit avoir senti leur capacité à participer à la vie sociale et politique du Québec se détériorer depuis 2019. Et 67 % des femmes musulmanes, 50 % des hommes juifs et 67 % hommes sikhs ont aussi déclaré avoir été exposés à des incidents et à des crimes haineux.

Cette portion de l’étude inclut d’ailleurs des témoignages qui donnent froid dans le dos. Bien qu’il s’agisse de la plus vaste enquête sur cette question conduite auprès des minorités religieuses québécoises depuis l’adoption de la loi, l’échantillon total reste modeste.

Espérons que d’autres recherches encore plus ambitieuses seront mises en avant pour faire la lumière sur ces enjeux cruciaux.

Source: Les mythes et réalités de la loi 21

New research shows Bill 21 having ‘devastating’ impact on religious minorities in Quebec [particularly Muslim women]

Would be interesting to see the breakdown between Montreal and the rest of Quebec, where immigration is low as is the number of visible and religious minorities:

New research shows that three years after Quebec’s secularism law — commonly known as Bill 21 — was adopted, religious minorities in the province are feeling increasingly alienated and hopeless.  

“Religious minority communities are encountering — at levels that are disturbing — a reflection of disdain, hate, mistrust and aggression,” Miriam Taylor, lead researcher and the director of publications and partnerships at the Association for Canadian Studies, told CBC in an interview.

“We even saw threats and physical violence,” Taylor said.

Bill 21, which passed in 2019, bars public school teachers, police officers, judges and government lawyers, among other civil servants in positions of authority, from wearing religious symbols — such as hijabs, crucifixes or turbans — while at work.

Taylor and her colleagues at the association worked with polling firm Leger to gather a unique portrait of attitudes toward Bill 21 in Quebec.

The association surveyed members of certain religious minority communities including 632 Muslims, 165 Jews and 56 Sikhs.

Those results were folded into a Leger survey of the Quebec population as whole, and then weighted to ensure the sample was representative of the entire population.

That allowed Taylor to compare and contrast the attitudes toward Bill 21 of Quebecers who are religious minorities with the attitudes of Quebecers as a whole.

In total 1,828 people were questioned in the online survey.

Taylor shared an advance copy of her final report, which is being released today, with CBC.

Muslim women most affected

Although all three religious minority groups surveyed said they’ve experienced negative impacts due to Bill 21, the effects are being most acutely felt by Muslims and, in particular, Muslim women.

“We saw severe social stigmatisation of Muslim women, marginalization of Muslim women and very disturbing declines in their sense of well-being, their ability to fulfil their aspirations, sense of safety, but also hope for the future,”  Taylor said.

Of the Muslim women surveyed, 78 per cent said their feeling of being accepted as a full-fledged member of Quebec society had worsened over the last three years.

Fifty-three per cent said they’d heard prejudicial remarks about Muslims from family, friends or colleagues.

People surveyed were given the opportunity to share examples of comments they’d heard or behaviours they’d experienced.

One reported hearing: ”These Muslim women with rags on their heads, if they are not able to integrate, let them return to their country.”

Forty-seven per cent of Muslim women said they’d been treated unfairly by a person in a position of authority. 

One person reported being called a “dirty immigrant” by a police officer in Quebec City.  Another reported that a teacher told disparaging anecdotes about Islam in class.

Two thirds of Muslim women said they’d been a victim of and/or a witness to a hate crime. Seventy-three per cent said their feeling of being safe in public had worsened.

Taylor found that nearly three quarters of Muslim women surveyed felt their comfort about safety in public had worsened in the three years since Bill 21 was adopted. (Association for Canadian Studies)

People surveyed offered examples ranging from racist remarks to death threats, having hijabs ripped off and being spat on. One person reported that a man deliberately tried to run over them and their three-year-old daughter with a pickup truck.

A majority of Muslims also reported feeling less hopeful, less free to express themselves in public and less likely to participate in social and political life.

“For a law that’s supposed to be very moderate and only touch a very small number of people, we were shocked at the responses,” Taylor said.

She said the response she found most upsetting was that 83 per cent of Muslim women surveyed said their confidence in their children’s future had worsened since Bill 21 passed.

Taylor said the figure that most upset her was the lack of hope Quebec Muslims have for their children’s future. (Association for Canadian Studies)

“It’s one thing to say: ‘you know what, I’m experiencing a lot of unfair treatment because I’m not understood,'” Taylor said. “It’s another thing to project forward and have no hope for your children.”

Law reinforces existing prejudices

Taylor believes Bill 21 alone isn’t responsible for the feelings of alienation and insecurity Quebec Muslims and other religious minorities feel.

She said prejudicial attitudes have been gestating in Quebec for nearly 20 years, when the debate over so-called “reasonable accommodations” for religious minorities first took hold.

“Malaise, fear and anxieties get provoked over time,” Taylor said.

She said often those anxieties are based on ignorance.

“By their own admission, Quebecers in general have very little contact with members of religious minorities,” Taylor said. “All of these negative opinions are based on lack of knowledge.”

Taylor said Bill 21 has enabled those prejudices — rooted in ignorance — to become the norm.

“We end up with a situation where the malaise of the observer trumps the deep convictions of the person actually wearing the religious symbols,” Taylor said.

“We’re validating and reinforcing those opinions, and then we’re politicizing the symbols. Those symbols are lightning rods,” she said.

“And so we end up dehumanizing the people wearing the symbols,” Taylor said.

Women generally less supportive of Bill 21

Taylor said that Bill 21 has consistently maintained the support of about two thirds of Quebecers since it was adopted, with a dip last January after the high-profile case of a hijab-wearing teacher in Chelsea who was removed from the classroom and reassigned.

But she said that support is nuanced and full of contradictions.

Women in Quebec, for example, are generally less supportive of Bill 21 than men. Sixty-eight per cent of men support the law compared to 58 per cent of women.

Taylor said the research showed that women, and in particular young women, are less supportive of Bill 21 than men. (Association for Canadian Studies)

And the younger women are, the less likely they are to support the law.  Just 31 per cent of women aged 18-24 support Bill 21.

Taylor said that raised questions for her.

“It’s touted as a feminist law by the people who support it. So why is it that particularly the younger women of Quebec are so much less in favour of it when one would expect the reverse proportion?” she said.

Support for the law but not for enforcement

Another statistic that surprised Taylor: even Quebecers who support the law don’t necessarily want to see it enforced.

Only 40 per cent of people surveyed believe a public servant who does not comply with the law should lose their job. 

“The law is supported and liked by Quebecers. But they seem much less keen to see it actually applied,” Taylor said.

“I think that we’re a human society and we care about people. We all need income to survive and I think people are aware of what a heavy price that would be to pay,” she said.

Quebecers care about what courts say about Bill 21

Taylor was also surprised that the survey showed that Quebecers care deeply about what courts have to say about Bill 21.

When drafting the law, the Quebec government, recognizing that it would likely violate both the Canadian and the Quebec charters of rights, pre-emptively invoked the constitutional notwithstanding clause, and altered the Quebec charter to try to shut down court challenges.

But those challenges came anyway, and now both the government and groups that oppose the bill are challenging a 2021 Quebec Superior Court ruling that upheld most of the law before the Quebec Court of Appeal.

It’s widely expected the law will eventually be challenged in the Supreme Court of Canada.

The bill’s architect, Justice Minister Simon Jolin-Barrette, has argued that it’s up to elected politicians in the National Assembly — and not the courts — to decide how they want to organize relations between the state and religion.

But Quebecers seem to feel differently.

Sixty-four per cent, roughly the same percentage that support the bill, also feel it’s important for the Supreme Court to issue an opinion on whether Bill 21 is discriminatory.

And if the courts were to confirm the law is discriminatory, support for the bill would plummet.

Only 46 per cent of people surveyed — less than half — said they would continue to support the law if the courts confirmed it violates the Charter of Rights.

Debate not over

Jolin-Barrette has portrayed Quebecers as united in support of the bill, and has accused detractors of trying to divide Quebecers.

But Taylor’s survey shows that a majority of Quebecers — 56 per cent — believe the law itself is divisive.

When Bill 21 was adopted, Jolin-Barrette said it would “permit a harmonious transition toward secularism” for Quebec.

Taylor said that clearly hasn’t been the case.

“The debate is very far from closed,” she said. “Bill 21 is having devastating impacts on citizens in our province. It’s tearing apart our social fabric and I think it’s undermining our democracy.”

“If national unity is achieved at the expense of labelling minorities as in some way harmful or a threat, these are signs of the degeneration of democracy,” she said. 

Taylor said as a Quebecer, she finds this distressing.

“We live in a very distinct province. We’re different. It’s an experiment that on some level should never have succeeded: a thriving French society on an English continent,” she said.

“In all my years, I associate that distinct nature with a humanity, with understanding how important identity is,” Taylor said.

She said Bill 21 threatens that.

“I feel like we’re doing major harm to those values that we hold dear and that make us special,” Taylor said.

Source: New research shows Bill 21 having ‘devastating’ impact on religious minorities in Quebec