Bill 21: The Law Against Freedom of Religion

Zuruhf Noor | November 10th, 2020

It was only a little over a year ago when I found out about a new law put in place in Quebec — a law that prohibited showcasing religion in schools. As a hijab-wearing woman, I imagined how I would feel if such a law was proposed where I live, Toronto. Although I am not a teacher, it was not hard to imagine, as discrimination against visible minorities is quite common. However, I could not fathom how a law like this could be put in place in 2020. After all of our efforts in obtaining a voice and raising awareness against stereotypes, it felt like we were back to square one. Who would have thought we would have to fight against a discriminatory law in a location that claims to be so diverse? Certainly not me.

In June 2019, Quebec passed a controversial law commonly known as Bill 21. This law precludes public workers (teachers, lawyers and police officers) from wearing religious symbols while at work. The reason why it has been considered controversial is that it poses a threat to the health, education and safety of visible minorities in Canada (1). Examples of religious symbols that are banned for those working in the previously stated professions include hijabs, crosses, turbans, and yarmulkes (2). Additionally, this new bill being passed represents a campaign that the Coalition Avenir Quebec party had promised to fulfil (3). Although it has caused quarrels, Prime Minister Francois Legault insists that the purpose of Bill 21 is to unite the Quebec community. He claims that Bill 21 was enacted due to social values and Quebec’s civil law tradition, which are attached to state laicity (3). Laicity is defined as a type of secularism that separates government from religion (3). After the Quebec government passed legislation for this bill, there has been serious conflict within the community as a result of many opposing views on the matter.

Bill 21 is facing four challenges to its constitutionality. The plaintiffs include the English Montreal School Board, which argues that Bill 21 violates their minority language educational rights (1). The school board joined a teachers union called the Fédération autonome de l'enseignement that is contesting the law by writing a report about the importance of diverse teaching staff (1). Thomas Dee, who prepared the report, noted that there is an academic consensus about the benefits of having teachers from various cultural backgrounds (1). He went on to say that Bill 21 will discourage them from working in Quebec’s public school system, hence hurting students, as there will be a reduction in diversity.

Students from minority religious communities might feel that they are unwelcome, as a sense of belonging is necessary for them to enjoy their academics. Aside from minority groups, even Caucasian students would be harmed from the lack of diversity in teachers, as they would encourage Caucasian students to shed implicit biases. It is important for all students to engage in school activities with students who are visible minorities, as this will foster mindful ways of speaking and behaving with one another. It will encourage more positive relationships that are not based on stereotypes and social stigmas about their respective cultures. In the long run, this will contribute to civic engagement and developing a society that is comfortable with democratic pluralism.

Endnotes

1. Montpetit, Jonathan. "Quebec's Ban on Religious Symbols Threatens Education, Health of Minorities, Trial Hears | CBC News." CBC. Last modified November 4, 2020. https://www.cbc.ca/news/canada/montreal/bill-21-constitution-religious-symbols-school-laicity-1.5789618.

2. "Bill 21: The Law Against Religious Freedom." CCLA. Last modified February 13, 2020. https://ccla.org/bill-21/.

3. "Global Legal Monitor." Library of Congress. Last modified August 6, 2019. https://www.loc.gov/law/foreign-news/article/canada-new-bill-prohibits-religious-symbols-for-public-sector-workers-in-quebec/.