Andrew Coyne: Federal leaders have capitulated on Quebec’s Bill 21, and to our shame we let them

Hard to disagree:

Elections are defining moments for a nation: in deciding what it stands for, it also decides who and what it is. In the present election the issue on which we are being asked, most directly, to decide where we stand is Quebec’s Bill 21: the provincial law banning public servants “in positions of authority” from wearing religious symbols on the job.

For many observant persons, particularly Muslims, Sikhs and orthodox Jews, this amounts to a religious hiring bar: the wearing of the hijab, the turban and the kippa are key requirements of their faith, and as such core elements of their identity. To demand that they work uncovered is, in effect, to post a sign saying Muslims, Sikhs and Jews need not apply.

We should be clear on this. It’s not just a dress code, or an infringement of religious freedom, or religious discrimination, or those other abstract phrases you hear tossed about. We are talking about a law barring employment in much of the public sector — not just police and judges, but government lawyers and teachers — to certain religious minorities.

Existing workers may have been grandfathered, but only so long as they remain in their current jobs. Should they ever move, or seek a promotion, they will face the same restrictions. The signal to the province’s religious and, let’s say it, racial minorities, vulnerable as they will be feeling already after the mounting public vitriol to which they have been exposed in the name of the endless “reasonable accommodation” debate, is unmistakable: you are not wanted here. Not surprisingly, many are getting out — out of the public service, out of Quebec.

That this is actually happening, in 2019, in a province of Canada — members of religious minorities being driven from their jobs, and for no reason other than their religion — is sickening, and shameful. That shame is not reserved to Premier Francois Legault or his CAQ government, the people responsible for designing and implementing this disgraceful exercise in segregation, this manifestly cruel attempt to cleanse the province’s schools and courts of religious minorities. It is no less shaming to the rest of us, everywhere across Canada, so long as we permit it to continue.

That is, so far as we are capable of feeling it. But experience has taught us to look the other way when it comes to Quebec, to tell ourselves that it is none of our affair, that we must not raise a fuss when the province explicitly elevates the interests of its ethnic and linguistic majority over those of its minorities, or threatens the country’s life for long years at a time — the beloved “knife at the throat” strategy — to back its escalating fiscal and constitutional demands. We dare not. We cannot. For then Quebec would leave.

So shame does not come easily to us as a nation. We have so hollowed out our national conscience over the years that we think nothing now of selling out a persecuted minority, rather than take a stand in their defence. And the proof of that can be seen in the positions of our national party leaders.

It is a sign of how abjectly they have all capitulated to majority opinion in Quebec that Justin Trudeau’s craven wobbling about — “I won’t do anything about it now, but I don’t entirely rule out doing something sometime” is only a slight paraphrase — looks positively Churchillian among them.

All they have been asked to do, after all, is join in support of legal challenges of the legislation’s constitutionality already filed in Quebec’s courts by private groups — actions that, owing to the Legault government’s invocation of the notwithstanding clause, must be considered long shots at best, based on novel interpretations of those sections of the Charter not covered by the clause, or the division of powers, or the clause itself.

But even that, apparently is too much. Asked at the Maclean’s debate whether he would support such a challenge as prime minister, Andrew Scheer babbled his usual babble as to how his party would “always stand up for individual liberties” as if he were not already on the record that, in the matter of Bill 21, they would never do so. Jagmeet Singh, who would be among the first victims of the bill were he to attempt to find work in the Quebec judicial system, denounced the bill as “legislated discrimination,” without committing himself to do anything about it.

And Elizabeth May? Ah, Elizabeth May. Convinced that the bill was “an infringement on individual human rights” but concerned not to “fuel” separatism, the Green Party leader proposed a “solution” where “we leave Quebec alone, but we find jobs for anyone that Quebec has taken off of their payroll for working in a government job.” Moderator Paul Wells sought to clarify: she’d find jobs “for people who have to leave”? Yes, she replied.

But our political leaders are what we make of them. If the leader of the Green Party can declare on national television that she will stand up for Quebec’s religious minorities by giving them bus tickets, and face no political consequences for it whatever, it is because our own moral and intellectual defences against such nonsense have atrophied.

Even today it is possible to read, on the CBC’s website, an explanation of Quebec’s “new” nationalism, with its familiar appeals to fears of immigration and multiculturalism, as being based not on crude prejudice or majoritarian intolerance, but “on a holistic conception of Quebec society that prioritizes the historical experience of francophones.”

It is only in this context that Legault could issue his extraordinary demand that all of the federal party leaders pledge “never” to intervene in any court case regarding Bill 21. There’s no point to this; he knows they won’t dare. He just wants to watch them grovel. But it’s not just their shame he’s rubbing their faces in. It’s ours.

Source: Andrew Coyne: Federal leaders have capitulated on Quebec’s Bill 21, and to our shame we let them

Quebec religious symbols law ‘dangerous and un-Canadian,’ says Manitoba premier

Can’t get much stronger than that:

Manitoba Premier Brian Pallister says he will be seeking a joint response to Quebec’s new religious symbols law when western and northern premiers meet on Thursday in Edmonton.

“That is, certainly to my mind, dangerous and un-Canadian and deserves to be opposed,” Pallister said in an interview with The Canadian Press.

“We are not a two-tier-rights country.

“We’re not a country that celebrates sameness. We celebrate diversity, and we need to make sure that we don’t restrict people’s freedoms, whether it’s speech or movement or religion.”

The Quebec law prohibits teachers, police officers and other public servants in positions of authority from wearing religious symbols, and critics say it unfairly targets Muslims, Sikhs and other religious minorities.

Last week, Prime Minister Justin Trudeau said it’s not government’s responsibility, or in its interest, to legislate on what people should be wearing. But he did not specify what action his government would take to protect minority rights.

Pallister said response from federal politicians has probably been muted in part because of the looming national election in October.

“They don’t wish to irritate the province of Quebec, but Quebec is one province in a beautiful country,” he said.

“Canada is a beacon around the world for supporting freedoms, not suppressing them.”

Source: Quebec religious symbols law ‘dangerous and un-Canadian,’ says Manitoba premier

And Jack Jedwab’s called for stronger messaging from federal leaders:

Prime Minister Justin Trudeau and the leaders of the federal opposition parties were cautious in their reaction to Quebec’s legislative ban on religious symbols, Bill 21. That’s probably because of the popularity of the ban amongst Quebec francophone voters who may have an important impact on each party’s political fortunes.

With the exception of the Bloc Québécois, it seems that the preferred approach of the federal party leaders is to reaffirm their respective disagreement with the ban while staying silent about taking action. This stand will not work as we near the start of the federal election campaign in September.

Some party leaders will be tempted to voice their disapproval of the ban while allowing their candidates in Quebec to insist that the provincial government was perfectly within its rights to adopt the legislation. But many Canadians will see this ambiguous line of reasoning for what it is: a cynical excuse for inaction. Voters in Quebec and elsewhere in Canada deserve to know what, if anything, the political parties plan to do about Bill 21. Whatever choice(s) the parties make will certainly have political ramifications both within and outside Quebec.

What should the parties do? It is safe to assume that none of the party leaders will consider recourse to the federal power to disallow the legislation. They would be wise to hold back, as disallowance would delegitimize the democratically elected government of Quebec. The much better alternative is to support court challenge(s) to the law. All federalist parties should take this position regardless of the electoral cost for them in Quebec. Thus far, the Canadian Council of Muslims and the Canadian Civil Liberties Association have launched a judicial challenge to Bill 21. They deserve support from the federal government.

Despite considerable support for the bill amongst Quebec francophones, a May Leger Marketing survey revealed that a majority of Quebecers weren’t automatically opposed to the idea of submitting it to the courts for an opinion (specifically, 46 per cent of Quebecers didn’t approve of a court reference; 41 per cent were in favour of securing an opinion; and the rest didn’t know or refused to respond). The same survey revealed that important majorities in Quebec and Canada greatly valued the Charter of Rights – which is the basis on which the bill would be challenged.

Quebec Immigration Minister Simon Jolin-Barrette will likely describe federal intervention as an unacceptable encroachment on an exclusively Quebec matter. But Bill 21 states that the ban on religious symbols applies “despite certain provisions of the (Canadian) Charter of human rights and freedoms and the Constitution Act, 1982.” This provision justifies intervention on the part of the federal government so as to ensure that constitutional commitments enshrined in the Charter are upheld, regardless of the province in which a citizen resides. To act otherwise would not only weaken freedom of religion but also commitments to other key freedoms in the Charter. If a provincial government outside of Quebec decided to suspend certain rights and freedoms for minority francophones, there would rightly be multiple calls on the federal government to act. The same principle should apply to Bill 21.

Quebecers have been given the impression that the use of the “notwithstanding clause” in Bill 21 means that the issue of fundamental rights is no longer in question. But the clause seeks to dismiss recourse to rights protection, and in no way dismisses the idea that rights are being violated. Minister Jolin-Barrette and Premier François Legault have insisted that the bill does not violate the Quebec or Canadian Charter of Rights. There is good reason to be skeptical. But if they truly believe that, they should have nothing to fear from a court challenge.

Who knows? Maybe the court decision will vindicate them. Either way, the government of Canada and the opposition should give Quebecers and other Canadians an opportunity to find out and make clear their intention to support a court challenge sooner rather than later.

Source: Jedwab: Canadians deserve to know what federal parties will do about Quebec’s Bill 21