User:Groshuard/Quebec Bill 62
The Act to foster adherence to State religious neutrality and, in particular, to provide a framework for requests for accommodations on religious grounds in certain bodies, also known as Bill 62, is a Quebec law introduced par Quebec's minister of Justice Stéphanie Vallée, member of the liberal government of prime minister Philippe Couillard. The bill passed on october 18 2017 65-51.
The principles of the law
[edit]Bill 62 stipulates that the staff of public bodies must neither favor nor disadvantage a person by virtue of belonging to or not belonging to a religion, which constitutes "religious neutrality" in the eyes of this law. In addition, any public service must be given and received with their face uncovered, unless working conditions require covering the face. This obligation to receive government service uncovered may, however, be subject to accommodation. Lastly, Bill 62 stipulates under which conditions accommodation on religious grounds may be considered reasonable and specifies that it can not be interpreted as impairing the cultural and religious heritage of Quebec.
The origine of the law
[edit]For the last ten years, Quebec has been touched by various debates concerning the place of religion in society and reasonable accommodations on religious grounds. In its report, the Bouchard-Taylor Commission proposed to enshrine the principles of interculturalism and "open secularism" in the law and to prohibit the wearing of religious symbols to agents of the state in positions of authority, such as policemen, prison guards and judges.
The liberal government of Jean Charest introduced Bill 94, which stipulates that government services must be given and received with uncovered faces, but it was never adopted. Subsequently, the Parti Quebecois government of Pauline Marois introduced a new Bill : the Quebec Charter of Values. Under this Charter, the wearing of ostentatious religious symbols would have been prohibited for all public and parapublic employees, including daycare workers and school teachers. The Quebec Parliament was dissolved before the Charter of Values could be adopted.
The interpretation of the law
[edit]The contents of Bill 62 quickly became the subject of differing interpretations, particularly with respect to the terms of receiving open public services. The guidelines for clarifying the meaning of the articles of the law should have been submitted by ministerial decree no later than June 30 2018. Faced with the "escalation" following the adoption of the bill, Minister Stéphanie Vallée decided Sunday, October 22 to announce the rules of application regarding the provision or receipt of public services with uncovered faces at the beginning of the week ; those concerning the granting of reasonable accommodations should be announced later.
Justice Minister Stéphanie Vallée first stated that, in the case of urban transit, users should have their faces uncovered for the duration of the trip. On October 24, she retracted, saying instead that passengers should unveil themselves only when boarding, if they have a photo pass. Ms. Vallée also said that college and university students should have the face uncovered during class, but that it would not be necessary at a conference. The Minister of Higher Education, Hélène David, for her part said that the face discovered would be required during an examination or to access the library, but that it would not be the case during classes, contradicting her colleague.
Universities and public transit services have indicated that Bill 62 will have little impact on their operation, as they have already adopted measures to deal with people seeking services with their face covered.
Political reactions to the law
[edit]The three opposition parties in the National Assembly of Quebec voted against the Bill. The Parti Québécois and the Coalition avenir Québec are calling for a tougher law on secularism, which would echo the Bouchard-Taylor Commission's recommendation to prohibit the wearing of religious symbols by policemen, prison guards and judges.
On October 22, activists of the left wing party Quebec Solidaire organized a demonstration on the Montreal subway; protesters being invited to cross the turnstiles with their faces covered. On October 24, the Solidaire MNAs tabled a motion in the House to have the National Assembly Bureau discuss the possibility of removing the crucifix hanging over the seat of the Speaker of the Assembly; the Liberal Party and the CAQ refused to give their consent to the tabling of this motion, only the Parti Québécois having supported it.
The Union of Quebec Municipalities (UMQ) has indicated that it considers the law is inapplicable and that "the implementation of this law will create many discomforts and problems instead of promoting living together".
The mayor of Montréal Denis Coderre has repeatedly stated that he would not enforce Bill 62 in his city.
The Legislative Assembly of Ontario unanimously supported a motion condemning Quebec law. Alberta Premier Rachel Notley condemned Bill 62 and spoke of "a sad day for Canada". For his part, Prime Minister Justin Trudeau said that Ottawa "will take its responsibilities." He is further concerned that Bill 62 may encourage harassment of Muslim women.
Criticism of the law
[edit]Bill 62 faces many criticisms.
François Cardinal, columnist at Montreal's La Presse, criticizes the fact that this law "treats services given and received on an equal footing" and that it also applies to municipal services, which "is abusive and well and truly inapplicable" to him.
Muslim former Liberal MNA Fatima Houda-Pepin severely criticized Bill 62, noting in particular that the concept of "religious neutrality" is nowhere defined in the law and underlining that the obligation to have the face uncovered, which is at the heart of the law, may paradoxically be the subject of religious accommodation, which could allow the wearing of chador, niqab and burqa to an employee of the state who would request it. According to Ms. Houda-Pepin, the full weight of the interpretation of Bill 62 will depend on the officials, because it is not clear enough.
Several Canadian Muslim associations, in a joint statement, stated that Bill 62 "restricts the rights of Canadians, particularly Muslim women, violates Canadian principles of freedom of religion and expression and sets a religious standard for the reception of publics services".
Qebec's Commission on Human Rights and Youth Rights has also expressed concern that this legislation may encourage discrimination against Muslim women.
Public opinion
[edit]A pan-Canadian survey conducted from October 23 to 25, 2017, indicates that a majority of Canadians (68%) are in favor or very much in favor of Bill 62 in all provinces of the country. In Quebec, the support rate is the highest, reaching 76% of respondents.