Bill 21: Religious Symbols in Quebec

Bill 21 (Jan 9th)

• The Quebec government promoted that government workers cannot wear religious symbols at work.
• This was to ensure the government remained religiously neutral
• Government employees include: civil servants, public transport workers, and school board employees
• The Charter of Rights and Freedoms states freedom of religion and speech
• The Prime Minister criticized Bill 21
• A grandfather clause states current workers are not affected
• New hires or workers who change positions are required to follow the Bill.
• A secular society is a modernized society where religion has less influence on government, the economy, and schools.
• Secularization is a transition from religious to worldly, but not necessarily to atheism or irreligion
• Secularity is about societal conditions and not individual beliefs
• The Federal Government doesn't interfere to prevent Quebec from wanting to be independent.

Quebec’s Relationship and History with the Church

• The government and the church had a partnership
• The church helped govern by pacifying people and delivering: health services, social services, and education
• The state governed the economy to allow foreign capital to dominate it
• French Quebecers were subordinate to English economic interests as a result of the partnership
• There was animosity as there was very little prospect for economic or general advancements for Francophones, who were an overwhelming majority
• The government sponsored dynamic and the church pacified people
• This led to the Quiet Revolution of the 1960s as Quebecers wanted control of the state back
• Quebecers overwhelmingly rejected the church/state relationship during this era
• They began to take control of their destiny, known as "maîtres chez nous"
• Jehovah Witnesses handed out pamphlets, but the Church pressured Duplessie (Quebec Government) to stop them
• Duplessie sent the police to pick them up
• A Montreal bar owner would post bail for those arrested
• The government took the bar owner's liquor license away
• The bar owner sued, the State would be held up to the law; the state would be treated like the individual.
• This is the RULE OF LAW: Everyone is subject to the rule of law.
• Control of their own economy was taken through Nationalization of hydro companies into Hydro Quebec
• Investment funds were created to invest in Francophone enterprise
• The government took control of health, social services, and education from the church
• Separation was sought between state and church
• By the late 1990s church influence in education was removed

Other Factors

• Quebec is a minority Francophone culture in Anglophone North America
• Quebec feels separated from the initial Canadian Cultural Mosaic.
• There is a desire to protect own Francophone culture
• Separation referendums were held in 1980 and 1995
• Minister of Labour and Foreign Dignitary Jack Cross was kidnapped and killed by a terrorist group
• The Quebec Government appealed to the Federal Gov't and Pierre Trudeau enacted the War Measures Act (Civil Liberties paused)
• The Quebec Government rejected the War Measures Act and said they wanted change via a democratic method, denying separation 60% to 40%
• In the 1980s Trudeau tried to bring in a Charter of Rights and Freedoms
• The provinces were against because they felt Legislation should have more power over the peoples rights than the Courts.

Secularism (Jan 14th)

• Complete separation of church and state happens when the state has no affiliation with church; the two coexist but not interfere
• A political realm develops, with freedom of religion and conscience guaranteed and equal justice for all by a state neutral towards conceptions of the good life coexisting in society
• There are different types of secular states

Cultural "isms"

• Multiculturalism involves several different cultures of ethnic groups
• These groups largely interact within their own group and its based on a liberal system and Locke approach
• Cross culturalism involves compare/contrast cultural groups with each other but there is no collective transformation
• One culture is “the norm” and other cultures are then compared and contrasted to it.
• In Quebec’s interculturalism, there is one culture everyone subscribes to
• However, people are also free to practice their religion and education that they wish
• It involves deep understanding and respect for all cultures as well as mutual exchange of ideas & cultural norms.

Laïcité

• There is separation of Church and State and freedom of religion that allows individuals to express own faith
• Public order and institutions are expected to be respected
• The goal is to limit the church from state sanctioned public life
• Both the QC and Canadian Charter of Rights & Freedoms guarantee freedom of conscience and religion, equality and freedom of expression
• The idea is to have neutrality, the state should be neutral for people to maximize freedoms

Two Approaches

• Locke believed in liberal tolerance and liberty
• Locke placed strong emphasis on personal freedom
• Canada chose Locke which led to multiculturalism as it saw no problem with people living within own cultural or religious communities
• Voltaire believed in laïcité, where the state protects freedom of conscience as well as when state and religion can't dictate to each other and neutrality emerges
• Quebec chose Voltaire which led to integration and prefers cross/interculturalism as well as wanting a fully integrated equal society
• Voltaire believed in curtailing personal freedom if it benefits Canada

Constitutional Rights

• The charter guarantees rights and freedoms that are not an absolute
• Protests can be harmful if impeding on others rights.
• Restriction of rights is needed to ensure safety and comfort
• Guaranteed rights are subject to reasonable limits within a democratic country.

Section of Charter

• Section 33 uses exception to suspend rights for up to 5 years
• Another political party can come in and remove a rule
• The laïcité ruling goes against charter; in Section 15, discrimination of anyone's religious expression is an obvious violation of the charter and their rights.
• The province can enact Section 33 on this ruling, even though if the Federal Government is to impose on Quebec's ruling then that could fuel Quebec splitting because of unjust provincial dealings.
• Rights aren’t absolute, can be suspended, and appealed in court

The Guarantee of Rights and Freedoms

• Rights are "Subject to reasonable limits” according to a “common sense” clause that allows governments to limit freedoms if reasonable
• The courts decide what is reasonable

Fundamental Freedoms

• Freedom of conscience and religion
• Freedom of belief and expression
• Freedom of association
• Freedom of peaceful assembly
• Provinces feared the above were too broad, and proposed the notwithstanding clause (s. 33).

Legal Rights

• “The right to life, liberty and the security of the person” is upheld
• Limits the government power to detain or to deny people basic liberty except “in accordance with principles of fundamental justice"
• Legal rights can be limited by notwithstanding clause (s. 33)
• Laws must respect arbitrary arrest
• Police cannot unreasonably search any person
• Individuals must be informed of reason for arrest
• Individuals must be informed of right to retain a lawyer
• Individuals must be informed of their offense
• Individuals must be tried in reasonable time
• Individuals are presumed innocent until found guilty by courts
• Individuals cannot be denied reasonable bail
• Individuals cannot be forced to give evidence against themselves
• Cases with excessive wait time causes are thrown out and there are so many untried cases

Equality Rights

• Legal equality exists regardless of: race, national or ethnic origin, colour, religion, sex, age, mental or physical disability,
• Affirmative action programs allow special treatment for those who are disadvantaged
• These rights can be limited by notwithstanding clause (s. 33)

Section 33

• Who should have last say - the legislature or the courts?
• Legislatures can override Charter protection of fundamental freedoms via Section 33:
• The fundamental freedoms outlined in section 2, legal rights outlined in sections 7-14 inclusive, and equality rights outlined in section 15 can be suspended
• This can be done within a 5-year time limit and it's a bargain between political leaders
• Section 33 has been used in examples such as: 1982 Quebec including a s. 33 in its provincial legislation, 1988 SCC abortion decision, 1988-1989 Quebec sign laws Bill 101, 1998 Alberta compensating victims' eugenic sterilization, 1998 Alberta Human Rights Act discriminating on basis of sexual orientation, 2018 Quebec and Bill 21, and in 2019, proposed use in NB vaccination bill

The Constitution and Bill 21

• Section 33 suspends some rights, such as Fundamental Freedoms, Democratic Rights, Life/Liberty/Security rights, and Equality Rights
• Provinces can suspend their peoples’ rights to sections 2 and 7-15, although can be challenged in court if it constitutes a conflict in our rights and freedoms
• Courts recognize the importance of section 33
• Bill 21 and similar actions highlight the negative implications of Section 33

Section 27 and 28

• Section 27 states that the Charter must be interpreted in a manner consistent with the multicultural heritage of Canadians
• Section 28 states that rights and freedoms are guaranteed equally to male and female persons in it

Bill 21

• Women are not being equally protected because this affects them much more
• The Charter also discusses Christian faith “Canada is founded upon principles that recognize the supremacy of God and the rule of law"

Functions of the Constitution

• The function of a Constitution is to be a constitutional document with a set of fundamental rules and principles by which a state is organized, to define rights and establish limits of freedoms of Canadians, and to be proclaimed as an entrenched component of Canadian Constitution in Constitution Act, 1982
• In addition, the functions of a constitution include establish powers & responsibilities of legislative, executive & judicial branches of government, allocating powers to different levels of government, enumerating rights of citizens, and to stipulate procedure for amending the constitution

Key Issues

• Canada's form of government is a Parliamentary Democracy, composed of a Liberal Democracy, Representative Democracy, Constitutional Monarchy, and Responsible Government.
• Liberal Democracy is composed of a Rule of Law, Rights and Freedoms, and Equality.
• Representative Democracy is composed of mostly elected legislators elected with a First Past The Post,
• Constitutional Monarchy is composed of Sovereignty in Crown that acts on advice from political executive and implements the Confidence principle.
• Canada is a federal state, therefore the powers are divided between two governments (federal and provincial)
• This allows diversity via institutional/policy innovation
• This raises a lot of questions as to who does what: Section 91 is a list of all of the powers the Queen has and what is/isn't a federal responsibility, while Section 92 is A list of all of the powers of the provincial government and the laws the province can make
• With respect to Aboriginal self government, agreements were made in 1763 via the Royal Proclamation, in 1764 with the Treaty of Niagara, via the Covenant Chain of Friendship, and via the Two Row Wampum
• Additional changes were made: via a ruling in Calder v. British Columbia (Attorney General), in 1982 with Section 35 Charter Rights & Freedoms, and from 1990s through present day self-government agreements and negotiations

What existed prior

• Prior to 1960, rights were not outlined until the Canadian Bill of Rights, which only applied to the Federal Government
• Some states had a Bill of Rights from 1960, Offical Languages Act from 1969, and a Provincial Bill of Rights (Quebec was the first to have one)
• Trudeau made attempts to see that the Bill of Rights was entrenched in the constituion statutes (laws) can be changed either by Parliament or provincial legislatures

Laicity de l'État - QC (Bill 21) (Jan 21st)

• Religious symbols are prohibited for QC government employees such as teachers, police officers, and prison guards
• People were free to practice their religion but not in roles as public servants
• A grandfather clause existed for existing employees + facial coverings prohibited (security, indentification)
• Section 33 was invoked to avoid judicial challenges
• laïcité, the principle of separation of state from society + institutions public/private must be independent of the clergy and churches + impartiality +state neutrality with public schools + small symbols are allowed, larger ones aren't (head coverings)

What happened in the Quiet Revolution (1960s's)?

• Quebec was falling behind and much of the economics was controlled by anglophones during The Great Darkness ("traditional" ways of life)
• Backwards, there was slow development toward a democratic society, low schooling, few job oppurtunites, weak unions/womens mvmnt
• System eventually falls, which requires "catching up" (peaceful through intuitions and revolutions, which are faster)
• State becomes a key player in social and economic spheres (Hydro, Post Sec) + funding/control shift from Church to Gov
• There was a turn from ethnic territoriality, and seeing the area as one that cannot be fought for on a larger scale

FLQ Crisis,

• There was a bombing (Oct-1970) but then a kidnaping/murder of Pierre Laporte (gov official) which led to the War Measure Act implemented & a surge in police & the implementation of The Partition
• The Partition led to the Separatist Party Formation

Parti Quebecios (PD)

• Was anti- Federal Separatist Party however he was all for a slow evolutionary path to separation, he was all for a slow evolutionary path to separation and when those who wanted to join his party was highly revolutionary he kicked them out and was fought on this, he argued that Quebec must be able to govern first/show that is has the mandate + had a soft separation so that is it like like a sovereignty association

By all accounts (in the time of this class,) what Quebec did was yield (yielded/produced) huge Economic Benifits In 1980 there was a Referendum No? * The Quebec govn, has made it's proposal to negotiate a new aggreement with the rest of Canda (we would all all have Equality between us.) Is this the Mandate?

• In 1982 Canada was re Patriotized by the constatution + However Quebec REFUSED to sign
• " The chart of rights & freedom Shifted power, and Quebec Opposed this.

Meech Lake & Charlottetown Accords

• This sought to see Quebec recognized as a distinct nation, and was a great stain when 1 doesn't sign however they did NOT agree cause "it didn't do much for Indigenous People and for them it should This + QC wanted judges "to be nominated properly by the Prov,

• 1995 Referdum? 2nd" said ""LET Separate"" as well after after years of seeing Rejection The Bloc formed at the federal level and after the party accords failed (becasue people didn't really care) so the BQ broke off and formed a new Party

• To that there was also a referdum (a 2nd one)

RECAP OF QUEBEC POLITICAL HISTORY (January in general)

1970-1976 Quebec Liberal Party 1976-1985 Parti Que -becois 1985-1994 Quebec Liberal Party 1994 -2003Patri que -becois 2003- 2012 Quebec Liberal Party 2012- 2014 Quebec Libera Party 2014 Quebec Liberal Party

Federal LibParty Quebec) is based on Fed nationalism AND distinct within Canada. This party likes change as in Evolution through interests, how about constitutional Reforms?

A linguistic pop also includes Aboriginals and Allophones ! There have been more older than children as of late 2= ways to populate . Have baby's vs. immigrates

What are they concernd about? Looing French "" how about a 3rd Re?

Longterm: and the Indigenous ?

What indigenous is an important concern. And what indigenous side should they be on ?

• The 5 way way of the of viewing /understanding the above situation; 1 = There is and has always been scattering. (across territory) 2= How will the be affected and what should be there say with being the next elections . 3 And what about and is it indigenous -land sacrilege? Is this and what is being affected and what should be There say? These 5 way way of the of viewing understanding the above situation, is what a number of aboriginal peeps were thinking

The Whiter Papers were abandoned because those peeps and there land was already signed to be a new bill

March to 1995

To make such big changes requires all a lot. You want to find a plan 6 & and need a 3 " There have been A good few changes;

Now the questions is about what is required for the election changes If it is to be changed will the parties or peeps ensure that such interests are represented!

To start? Here in the next topic is here ! March 18th with the flora factor. To start some a brief description;

Flora was "A longtime progressive ", and she was 1st one to make it to " major Canadian Party." Was well qualified but faced major Gender Bias-ness What were the odds? No one really liked and said enough she had 214 votes.

A very brief list on March 18 (with the flora side)

"What happens"" Is that Women a high position seems will fail over time." in what ever high state or gov, the area may exist"