Banning of civil servants from wearing religious symbols goes against Canada’s core values of diversity and multiculturalism

Written by: Caitlin Whittier  

Quebec's Bill 21 on Secularism:

In June of 2019, the government of Quebec created a highly controversial law, Bill 21, in an uphill battle to achieve secularism. This law banned all civil servants, such as teachers, judges and lawyers from wearing religious symbols while at work (Kinsinger, 2020, 81). The law also permits discrimination by the refusal of public services to any citizen wearing a religious face covering (Kinsinger, 2020, 83). The objective of Bill 21 was to “affirm the laicity of the State”, meaning that all public sector workers are to present themselves in a neutral manner, concealing their personal beliefs (Kinsinger, 2020, 81). 

Bill 21's Discriminatory Nature:

The Quebec Superior Court stated that Bill 21 targets mainly religious minorities, but the Quebec government had invoked the notwithstanding clause to restrict any legal action that could be taken at a higher level to discontinue the ban (Kinsinger, 2020, 85). Bill 21 does a disservice to society as a whole because it violates several rights in the Canadian Charter of Rights and Freedoms, including section 2 - freedom of expression, section 7 - right to life, liberty and security, section 12 - protection against cruel treatment from the state, section 15 - equality rights, section 28 - protection against disproportionate treatment, as well as section 31 - stating the charter could not be used to increase the powers of provincial legislatures. 

Bill 21 is likely racially motivated, given that the ban primarily affects religious minorities, people who tend to come from immigrant backgrounds (Sheppard et. al., 2021, 10). The law places a great emphasis that anyone with a “face covering” can be denied service but says little about an individual wearing a religious cross around their neck receiving the same discriminatory treatment, outwardly exempting Christianity (Maimona, 2019). The Quebec government gives Christians preferential treatment, seeing as there is a giant gold crucifix displayed above the speaker’s chair in Quebec’s National Assembly, further insinuating religious favoritism towards Christianity, at the expense if Islam, Sikhism, and Hinduism (Maimona, 2019). 

Societal Consequences:

A major, long-term consequence of Bill 21 is that it opens the doors for regression - a return to a less developed state through an increase in gender segregation, sexism, oppression, and stereotyping. Bill 21 perpetuates alienation of pre-existing marginalized groups, such as Muslims who wear the hijab and niqab, in obedience to their divine religious mandate. The banning of religious symbols affects women more than men, which means it infringes section 28 of the charter, which guarantees protection from discrimination between sexes (Froc, 2019, 19). It also infringes section 12 of the charter, which was supposed to protect citizens from treatment that is ‘grossly disproportionate’, as well as section 15 equality rights, given that law primarily affects Muslims who feel obliged to wear hijabs, niqabs, kippas, or turbans as expressions of their faith (LEAF,  2021). The ban makes it so that Muslim women who wear the hijab are limited in well-paying jobs, as public sector positions would not be an option for them, putting them at a disadvantage disproportionately to Muslim men (Bouchard et. al, 2018, 140). A section in the Montreal Gazette covered the story of Ichrak Nourel Hak, an aspiring teacher who said that Bill 21 made her feel alienated in society and that the only way for her to truly belong in Quebec was by taking on the appearance of the majority (Curtis, 2019). 

Steps moving forward:

The abolishment of Bill 21 would work to restore citizens’ trust in the government and create a strong foundation for acceptance, multiculturalism, and the future betterment of people from all religions (Froc, 2019, 19). In the absence of Bill 21, the government is implored to prioritize section 27 of the charter, the duty to promote multiculturalism. Allowing teachers to wear their religious attire and promoting diversity in public schools would help educate students on the various religions and teach them that there is less of a division between people of different religions than initially believed (Cherry, 2020). Being exposed to different cultures at a young age is beneficial in minimizing racial biases. This reduces the likelihood of a discriminatory bill being passed in the future, preserving freedom of religion and ensuring that everyone feels included in society (Cherry, 2020).

Works cited 

Bouchard, G., Scott, Howard., & Taylor, Charles. (2018). Interculturalism : A View from Quebec (English-language edition.). 

Canada, S. (April 17, 1982) Canadian Charter of Rights and Freedoms, ss. 2, 7, 12, 15, 28, 31

Cherry, P. (2020). Bill 21: Students benefit from teacher diversity, court told. Montreal Gazette. 

Curtis, C. (2019). Bill 21 challenged in court by the lawyer who faced down Bill 62. Montreal Gazette. 

Froc, K. A. (2019). Shouting into the Constitutional Void: Section 28 and Bill 21. Const. F., 28, 19.

Kinsinger, K. (2020). Quebec's Bill 21 and the Secular Conceit of Religious Neutrality.   Social Science Research Network

Maimona, M. (2019). Op-ed: Quebec's ban on religious clothing is chilling: To be like us, you must dress like us. Los Angeles Times. 

Sheppard, C., Jones, R., & Reilly, N. (2021). Contesting Discrimination in Quebec’s Bill 21: Constitutional Limits on Opting out of Human Rights. RESEARCH AND STUDIES ON RACE RELATIONS IN CANADA, 9.

Women’s Legal Education and Action Fund - LEAF. (2021). Leaf opposes Quebec's Bill 21 which will exclude Muslim women from full participation in Quebec society.