Bill 62

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The Quebec elections are over and we are about to have a new government. People fed up with Philippe Couillard and wary of the sovereigntist messages of Québec Solidaire and the Parti Québécois took their votes elsewhere, putting François Legault and his party, Coalition Avenir du Québec (CAQ), in office.

Many people are scared, and they have every reason to be. The CAQ ran on an aggressively secularist, anti-immigration, right-wing nationalist (within Canada) platform.

The day after the election, people’s worst fears were confirmed when Legault announced that he would use the Canadian constitution’s Notwithstanding Clause to bar civil servants from wearing religious symbols. To use a popular Quebecois expression, ça commence ben mal (we’re off to a bad start).

For all those in despair, I want to give reasons to hope. This article will look at a couple of the CAQ’s more controversial policies, the legality of them, and the ways we can fight back within the system.

Immigration

One of François Legault’s most controversial statements during the election was that he would expel any immigrants Quebec that failed to pass a French and “Quebec Values” test within three years of their arrival.

Here’s the thing: Quebec cannot legally do that.

The decision on whether or not to expel immigrants is federal jurisdiction. This is not to say that Quebec has no discretion in matters of immigration. One of the ways people can immigrate to Canada is via Quebec’s immigration programs such as Quebec Skilled Worker, Quebec Investor, or Quebec Experience, all of which have limits set by the provincial government on how many people they are willing to accept.

These programs do not guarantee you permanent residence (PR). Once you have a Quebec certificate via one of these programs, you can apply for permanent residence.

The application for PR will be assessed by a federal Citizenship and Immigration (CIC) officer and they get the final say as to whether or not you get permanent residency, not Quebec. It is also the CIC that has sole jurisdiction to issue expulsion orders.

Notwithstanding Clause

As previously stated, François Legault announced on Tuesday that he would be willing to invoke the Notwithstanding Clause to ban government employees from wearing religious symbols. In Quebec, that would apply to everyone from teachers to doctors to public transit workers, cops, and civil servants.

It should be said that if the new government is truly committed to secularism, they need to take down all the crosses in public buildings, a gruelling and expensive task given Quebec’s history with the Catholic Church. It must also be said that their rules should include forbidding anyone in civil service from wearing a cross or crucifix.

Fortunately for people whose faith dictates the wearing of visible symbols, the Notwithstanding Clause is not the magical failsafe Islamaphobes and anti-Semites seem to think it is and it will not allow a government to do what it wants indefinitely.

The Notwithstanding Clause is Section 33 of the Canadian Charter of Rights and Freedoms. It says:

“Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter.”

Section 2 of the Charter deals with freedom of religion, freedom of expression and the press, and freedom of association and peaceful assembly. Sections 7 to 15 deal with such rights as “life, liberty, and security of the person” and protection from arbitrary detention, search and seizures, and other rights in criminal and penal proceedings.

Most importantly in this case, article 15 entrenches the right to equality before and under the law “without discrimination and in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability.”

The Notwithstanding Clause allows governments to keep a law in place that violates these rights provided they expressly declare that the legislation in question applies notwithstanding the Canadian Charter of Rights and Freedoms.

This declaration by a government would not apply indefinitely. According to paragraph three of the Clause, said declaration “will cease to have effect five years after it comes into force or such earlier date as may be specified in the declaration.”

There is good reason for this entrenched delay.

The Notwithstanding Clause is generally applied by provincial governments in the face of the courts striking down controversial legislation on constitutional grounds. The five-year delay allows said governments to rework the law so it conforms with the Charter in cases where the courts do not give them such a delay.

Quebec, for example, used the Clause to keep Bill 101 in place after the Supreme Court struck it down, using the five years to rewrite the law to fit the Charter. Once the five years is up, the government can choose to re-enact a declaration as per the Clause and the delay restarts.

That said, there is a catch, because guess what else happens every four to five years? Elections.

Using the Notwithstanding Clause is a hugely unpopular move. Canadians have embraced The Canadian Charter of Rights and Freedoms as a way of using the courts to protect them from, for example, xenophobic laws enacted by governments.

A legal challenge to Bill 62, the law enacted by the Liberals barring the wearing of religious symbols by government employees and people using government services, is currently underway and will likely be struck down by the courts. The CAQ can use the Notwithstanding Clause to keep the law in place if they wish, but it might cost them a second term.

The CAQ officially take office once Quebec’s Lieutenant Governor, J. Michel Doyon swears them in and names François Legault as our Premier. Many of us are scared and angry so let’s turn this anger into action and use our power as the people to curb their worst ideas.

* Featured image of François Legault on election night via YouTube

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Just when you thought you had heard the last of xenophobia and hate driving mainstream Quebec politics, they’re back! Or rather, they never left.

I’m well aware that the vicious undercurrent of bigotry in Quebec has only gotten bolder in the past year. There was the attack on the Mosque in Ste-Foy, then there was that Front National copycat poster that went up during the Gouin by-election. Just last week, local members of the anti-Muslim, anti-immigrant group La Meute were spotted marching with neo-Nazis and the Klan in Charlotteville and now a former organizer of the xenophobic group PEDIGA is looking to start a far-right political party.

When it comes to major Quebec political parties (ones that actually have a chance of being elected), though, it really looked like we were finally beyond hate and fearmongering for votes. After all, electoral Islamophobia had failed twice at the ballot box: there was the electoral disaster the Charter of Quebec Values brought to the PQ and the Bloc’s failed attempt to use Harper’s opposition to the niqab as a wedge issue – sure, it did knock down the NDP, but it helped Justin Trudeau sail to a majority government.

While it’s likely the PQ under the leadership of Charter architect Jean-François Lisée may try a re-branded version of the failed legislation come election time, that would really be an act of desperation. It looks, though, like the party that won a majority in 2014 largely by opposing Pauline Marois on the Charter now plans to one-up her with much more restrictive bigoted legislation.

The Charter on Steroids

In 2015, Philippe Couillard’s Liberals tabled Bill 62, the so-called “religious neutrality bill” which banned people providing government services and those receiving them from covering their faces. It didn’t go as far as the PQ’s Charter in that it focused on one religious symbol, the Niqab or Burqa, and had a limited scope in its application.

That scope may be getting wider if the Liberals have their way. Justice Minister Stéphanie Vallée wants it to apply to municipalities, metropolitan communities, the National Assembly and public transit organizations and proposed amendments to the bill last Tuesday to make that a reality.

One of the places the Liberals want to ban the burqa (image: Jason C. McLean)

The most jarring aspect is, of course, extending it to public transit. Think about that for a moment:

Not only is being asked to remove a face covering for the duration of a trip on the bus or metro a humiliating experience, it is also something that may very well deny access to public transit to people who need it. Forcing someone to choose between their faith and an essential service that many who live in a city need is just plain wrong.

It is discrimination that serves no valid purpose whatsoever, unless you count getting votes from clueless bigots as a valid purpose.

I have rode on the metro with a woman in a burqa in the next seat several times. It didn’t bother me in the slightest. Just fellow passengers dressed differently than I was. There are frequently people on my commute wearing various religious garb and it is just a part of life here in Montreal. I’m more concerned about the creeps and assholes whose faces are uncovered along with their shitty demeanor.

But, of course, this legislation isn’t designed to appeal to me or my fellow Montrealers. It’s designed to get votes from people in rural ridings, many of whom have never rode public transit with someone wearing a hijab, never mind a burqa, in their lives. Them and a handful of suburbanites and maybe a few big city bigots whose intolerance supersedes their daily experience.

While I rarely give props to Montreal Mayor Denis Coderre, on this one I have to. He has announced plans to use the city’s status as a metropolis to not implement the amendments if they pass. I’m pretty sure Projet Montreal would do the same if they were in power.

Regis Labeaume’s False Equivalence

The Mayor of Quebec City, however, seems perfectly content fanning the flames of intolerance.

While Régis Labeaume did say that La Meute was not welcome back to the city he governs after last weekend’s protest, he extended the same sentiments to those who showed up to oppose the hate group’s public display of bigotry and intolerance.

La Meute marching in Quebec City (image: CBC)

If you think that sounds a little too close to a certain Nazi-sympathizing American politician’s much maligned comment about hate and violence existing on “all sides” in Charlottesville, you’re not alone. Jaggi Singh was in Quebec as a participant, not an organizer, but that didn’t stop Labeaume from using “la gang à Singh” as a descriptor for those protesting La Meute.

Singh responded in a Facebook statement which has since been republished by several media outlets. Here’s a excerpt:

“Mayor Labeaume, like Donald Trump, is claiming equivalency between anti-racists — and the varied tactics and strategies we use — and the racist far-right. His false equivalency, like Donald Trump’s after Charlottesville, is absurd. With his comments today, Mayor Labeaume is essentially pandering to racists in Quebec City, repeating a disgusting tactic he has used since he’s been a public figure.

More generally, Mayor Labeaume is replicating the rhetoric of the racist far-right by essentially telling people to “go back to where you came from”. This is the main talking point of far-right anti-immigrant groups, including the racists of La Meute, the Storm Alliance, and Soldiers of Odin, all of whom have a strong presence in Mayor Labeaume’s Quebec City.”

It’s not just a moral false equivalence, though, but a numerical one as well. The counter-protesters clearly outnumbered the La Meute gang, who hid in a parking garage for a good portion of the protest protected by police.

That didn’t stop Labeaume from saying that La Meute had won the popularity contest. Putting aside for a minute the fact that they clearly didn’t, to frame a conflict between hatemongers and those opposed to racism and fascism as a popularity contest shows a clear lack of…oh screw it, the guy’s a grade-A asshole Trump-wannabe who at best panders to racists and doesn’t care about it and at worst is one himself.

Quebec bigots, for the most part, may not be so obvious as to carry around swastika flags like their American counterparts, but they are just as hate-filled and virulent and their mainstream political apologists and supporters like Couillard, Lisée and Labeaume are all too happy to pander for their votes.

La plus ca change…