By Cody Humpherys
Quebec’s recently passed secularism law, Bill 21, prohibits a wide array of government employees from wearing religious symbols (such as hijabs, turbans, and kippahs) in the course of their work.[1] While there may be debate as to whether this legislative measure is allowable under Canadian constitutional law,[2] the passage of the bill opens the door to a number of negative consequences on Quebec society (detailed below), some of which the province has already seen.
Increased Harassment of Muslim Women
Reports of harassment of Muslim women who wear religious headscarves have spikes since the passage of Bill 21.[3] One advocacy group, Justice Femme, which provides women with legal and psychological support, received 40 calls from hijab-wearing Muslim women following the Bill’s tabling in March 2019, reporting instances of everything from verbal harassment to physical violence.[4] Some cases even involved harassers attempting to rip off the woman’s hijab or spit at them.[5] Pinning Bill 21 as the cause of this spike in harassment may be difficult, but it is not difficult to recognize correlation between the timing Quebec’s passage of this blatantly discriminatory policy and the rise in isolated instances of discriminatory behavior.
Fewer Opportunities for already Disadvantaged Communities
Statistical and scholarly evidence makes clear the monumental employment disadvantages already faced by women and religious minorities.[6] In light of this, it comes as no surprise that Muslim women have the highest unemployment rate among “two dozen or so major faith communities and denominations.”[7] In line with this, one study found that “labour markets generally discriminated against women wearing the headscarf.”[8] Quebec Bill 21 disqualifies observant religious minorities—Muslim women in particular—who are otherwise qualified and already face substantial barriers to entry into the job market.
Less Diversity among Public Servants
It almost goes without saying that a law that explicitly bans observant religious minorities from government jobs[9] will result in less diversity among government employees. This is particularly problematic when one considers that among those jobs affected by Bill 21 are key positions of authority within society such as judge, lawyer, and law enforcement officer.[10] As a result, it becomes impossible for these classes of public servants to be representative of the population they serve, which includes religious minorities.[11]
Setting a Precedent of Government Sanctioned Discrimination
Bill 21 relies upon the notwithstanding clause of the Canadian Charter of Rights and Freedoms to justify its facially discriminatory character.[12] The notwithstanding clause, if invoked, allows for certain constitutional rights, including freedom of religion, to be infringed upon for renewable periods of five years.[13] Quebec’s use of the notwithstanding clause is dangerous because it sets a precedent of government sanctioned discrimination which could lead to greater cultural acceptance of what might otherwise be unconstitutional discrimination in Quebec and Canada. Such a cultural shift could ultimately worsen the plight of disadvantaged communities in the future.
[1] Act respecting the laicity of the State, S.Q. 2019, c 12 s 2, 6 (Can.).
[2] Rebecca Jones et al., Contesting Discrimination in Quebec’s Bill 21: Constitutional Limits on Opting out of Human Rights, Canadian Race Relations Foundation: Directions, (Nov. 2019) https://issuu.com/crrffcrr/docs/directions8_bill_21_commentary _ sheppardjonesreilly.
[3] Jonathan Montpetit, Muslim women report spike in harassment, discrimination since Bill 21 tabled, CBC News, (May 13, 2019) https://www.cbc.ca/news/canada/montreal/muslim-women-report-spike-in-harassment-discrimination-since-bill-21-tabled-1.5134539.
[4] Id.
[5] Id.
[6] Rebecca Jones et al., Contesting Discrimination in Quebec’s Bill 21: Constitutional Limits on Opting out of Human Rights, Canadian Race Relations Foundation: Directions, (Nov. 2019) https://issuu.com/crrf-fcrr/docs/directions8_bill_21_commentary_sheppardjonesreilly; Sarah Wilkins-Laflamme, Islamophobia in Canada: Measuring the Realities of Negative Attitudes Toward Muslims and Religious Discrimination, 55 Can. Rev. Soc. 1 (2018); Denise Helly, Are Muslims discriminated against in Canada Since September 2001?, 36 J. Can. Ethnic Stud. 1 (2004).
[7] Daood Hamdani, Triple Jeopardy: Muslim Women’s Experience of Discrimination, Canadian Council of Muslim Women, (2005) http://archive.ccmw.com/publications/triple_jeopardy.pdf; Rebecca Jones et al., Contesting Discrimination in Quebec’s Bill 21: Constitutional Limits on Opting out of Human Rights, Canadian Race Relations Foundation: Directions, (Nov. 2019) https://issuu.com/crrffcrr/docs/directions8_bill_21_commentary _ sheppardjonesreilly.
[8] Daood Hamdani, Triple Jeopardy: Muslim Women’s Experience of Discrimination, Canadian Council of Muslim Women, (2005) http://archive.ccmw.com/publications/triple_jeopardy.pdf; Rebecca Jones et al., Contesting Discrimination in Quebec’s Bill 21: Constitutional Limits on Opting out of Human Rights, Canadian Race Relations Foundation: Directions, (Nov. 2019) https://issuu.com/crrffcrr/docs/directions8_bill_21_commentary _ sheppardjonesreilly.
[9] Act respecting the laicity of the State, S.Q. 2019, c 12 s 2, 6 (Can.).
[10] Act respecting the laicity of the State, S.Q. 2019, c 12 s 2, 6 (Can.).
[11] Rebecca Jones et al., Contesting Discrimination in Quebec’s Bill 21: Constitutional Limits on Opting out of Human Rights, Canadian Race Relations Foundation: Directions, (Nov. 2019) https://issuu.com/crrffcrr/docs/directions8_bill_21_commentary _ sheppardjonesreilly.
[12] Eli Yarhi, Notwithstanding Clause, The Canadian Encyclopedia (Oct. 17, 2018) https://www.thecanadianencyclopedia.ca/en/article/notwithstanding-clause; Lucy Uprichard, Here’s The Deal With Quebec’s New Secularism Bill, Flare (Apr. 3, 2019), https://www.flare.com/news/quebec-secularism-bill-muslim-women/.
[13] Lorne Sossin, God at Work: Religion in the Workplace and the Limits of Pluralism in Canada, 30 Comp. Lab. L. & Pol’y J. 485 (2009); R. v. Big M Drug Mart Ltd. 1 S.C.R. 295 (Can. 1985); Eli Yarhi, Notwithstanding Clause, The Canadian Encyclopedia (Oct. 17, 2018) https://www.thecanadianencyclopedia.ca/en/article/notwithstanding-clause; Marc-André Roy, The Notwithstanding Clause of the Charter, Library of Parliament, (May 7, 2018) https://lop.parl.ca/sites/PublicWebsite/default/en_CA/ ResearchPublications/201817E.