Quebec court’s refusal to grant injunction against “secularism” law during constitutional challenge shows systematic prejudice towards racialized religious minorities in Quebec’s justice system

By Fareed Khan

 
The refusal by a Quebec Superior Court judge to suspend application of certain sections of the Quebec government's "secularism" law (Bill 21), while a constitutional challenge works its way through the courts, shows how ingrained and pervasive the stereotypes at the heart of this issue truly are, and that the judge doesn’t accept the negative impact of the bill on those most affected.  It also shows how deeply rooted the biases against racialized religious minorities are not just in Quebec society broadly, but also within Quebec's justice system, which is supposed to protect the rights of minority communities.  What else would explain the decision to allow the continued enforcement of a law that violates the fundamental Charter guaranteed rights and civil liberties of Quebec's religious minorities, while there are legal challenges to the law underway?

 

 

A Superior Court judge in Montreal announced the decision to refuse the request for a stay of the law made by the Canadian Civil Liberties Association (CCLA) and the National Council of Canadian Muslims (NCCM) on July 18th.  In addition, the CCLA and NCCM had sought an injunction to freeze the two most controversial sections of the law, which included measures to ban the wearing of religious symbols and clothing by public school teachers and other public authority figures in the workplace.

It has been common practice, since the Charter of Rights became law, for laws that may be unconstitutional to be temporarily suspended as the legal challenges worked their way through the justice system and a final decision is rendered, usually by the Supreme Court.  Such actions are generally taken to prevent the application of a law that could be deemed unconstitutional from violating the rights of Canadians during the legal process.  The fact that the judge refused to impose the requested injunction, despite numerous legal precedents across Canada where such action has been taken in previous constitutional challenges, raises the question as to whether Quebec's legal system has been infected by the ideology of what can be termed “radical secularism”.

This refusal by the Quebec courts to impose the requested injunction sends a message that inequality, intolerance, exclusion, segregation and isolation of those who visibly practice their faith in Quebec are completely acceptable.  This is the sort of law that one expects to see under a fascist regime, because it is about targeting, isolating, demonizing and punishing visibly religious minority communities and stripping them of their rights.  The fact that this is happening in Canada is unbelievable.

There have been incidents in Quebec courts in the past where members of religious minorities have been told by judges to remove head coverings worn as an article of faith.  The most recent example involved Quebec court Judge Eliana Marengo who refused to allow a Muslim woman to appear in her court wearing a hijab.  Marengo's case is currently before Quebec's judicial council where a request has been made to remove her from the bench for her alleged misconduct.

While those opposed to Bill 21 may have lost this first skirmish the battle won't stop here, and an appeal of the Quebec court's decision is guaranteed, as is the fact that this will end up at the Supreme Court.  The diversity of Quebec communities that are opposed to this violation of fundamental rights by the Quebec government are determined in their conviction that this unjust law must be withdrawn.  Of course, the fly in the ointment is that while this law works its way up to the Supreme Court there are thousands of Quebecers whose rights will be violated and livelihoods threatened under this legislation.

The CCLA and NCCM are expected to lay out their next steps in response to the Quebec Superior Court's decision in the coming days and weeks before the Quebec Court of Appeal.  As rights activists wait for this there is growing moral support coming from provincial and municipal governments from outside Quebec, as well as from ordinary Canadians.  This is an indication about how much Canadians value defending the fundamental rights guaranteed in the Charter of Rights and Freedoms, and that the Quebec government stands alone in its bigoted attitude towards how Canadians practice their faith.

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