On April 20, 2021 the Superior Court of Quebec issued a ruling on Bill 21, Quebec’s Secularism law which many Canadians were awaiting with baited breath. It was a victory for some, and a tragedy for others.

In its decision, it upholds the Quebec Secularism law with the exception of English schools in Quebec, and the Coalition Avenir du Quebec government under Premier François Legault has already announced its plans to appeal. This article will give a rundown of the ruling itself, the response by those affected, and what it represents to the people of Quebec and Canada.

I’m not going to go into all the nuances of Quebec’s Secularism Law, hereafter Bill 21. I gave a full and detailed rundown in multiple articles when the law was forced through the National Assembly in 2019.

In a nutshell, it severely limits employment in most of Quebec’s public sector as well as access to certain government services for anyone who wears religious symbols, including crosses, hijabs, headscarves, and kipas/yarmulkes. At the time, the government claimed the law would unite Quebeckers, but it has made us more divided than ever. Hate crimes and harassment of Muslim women are on the rise, something experts tried to warn the government about prior to the law’s passing.

The government knew that the law would never survive a legal challenge based on constitutional rights so they wrote in the Notwithstanding Clause, a clause written into Canada’s constitution to allow discriminatory rules to remain in effect for five years notwithstanding certain articles in the Canadian Charter of Rights and Freedoms. It is largely the court’s measure of the effect of the Notwithstanding Clause that decided the outcome of the case.

I knew that no matter WHAT the court’s ruling, someone would appeal the decision. That someone is the Quebec government and it is unfortunate because for the most part, the Quebec government won the case.

Bill 21 is still in effect, and teachers and other people hoping for the stability that comes with public employment have had their hopes dashed, with one exception. The court decided that Bill 21 remains valid due to the province’s use of the Notwithstanding Clause, with the exception of English schools, which are constitutionally protected by a clause in the constitution that isn’t covered by the Notwithstanding Clause, as well as the National Assembly. It is this aspect that the government plans to appeal, claiming that this exception divides Quebec when the province’s society should be united.

William Korbatly, a lawyer, feels the government’s claim that the judge’s ruling split Quebec is erroneous and dishonest.

“[I]t’s the law 21 that did that by making some Quebeckers lesser citizens than those who think of themselves (as) superior or have more privileges just because they are part of the cultural majority. That being said, we cannot deny that a large part of Quebeckers have serious problems and are very allergic to any religious manifestation in public spaces. Thus, politically speaking, that law should be put to the courts’ authorities and they will decide what is constitutional and what is not.”

Unfortunately despite Quebec’s ongoing teacher shortage, English schools in the province will still be subjected to Bill 21 pending appeal.

Carolyn Gehr, an Orthodox Jewish woman and teacher with the Montreal English School Board who wears and headscarf and submitted an affidavit with the other plaintiffs had some choice words about the legal decision keeping the law in force for now.

“I feel horrible for the prospective teachers who enthusiastically applied to the English school boards who desperately need them, only to find out in a day or two that their hopes were dashed yet again, and that this ruling does nothing for them for the foreseeable future. The fact that the government is fighting this so vociferously reinforces in me the idea that I’m not really wanted here, especially in that I’m only allowed in my job as I am because ‘Oncle Francois’ magnanimously grandfathered me in so as not to offend the sensibilities of people who don’t like to see someone fired for no reason.”

M. I. a Muslim teacher working in the private sector who no longer wears her hijab for personal reasons spoke of why she chose to take it off.

“I grew up in a moderately conservative Muslim family and the choice to wear the hijab was mine to make and I chose to wear it until about a year ago. Why I chose to take it off was a completely personal choice because I was no longer wearing it for religious reasons. It just provided me with a sense of comfort and not wearing it felt like going out without my pants on since I had worn it for so many years.”

On Bill 21, she says she and most of her community were very concerned. There was this feeling that this sort of law would never happen in Canada and most members have been directly or indirectly affected.

“I know the law adversely affects all religious communities but as a Muslim woman who used to wear the hijab my feelings are very strong when it comes to the effect the bill has on the women in my community. I find this law to be discriminatory, anti-feminist and anti-human rights. As a woman, I cannot accept that someone can have any say in how I choose to cover myself. I am well-educated and have never been forced by any part of my religion and can say for a fact that his holds true for most women in my community.”

M.I. says the Muslim community is one of the fastest growing minorities in Quebec and that the law, like the hijab ban in France, is just a way of keeping minorities under control. She points out that this open hostility has just led to more anger and extremism among Muslims in France than ever before. Adding, like Carolyn Gehr, that Bill 21 made her feel she didn’t belong.

“I am many things: Iranian, Muslim, Canadian and a Montrealer but a Quebecker I am not. I no longer feel any pride in that.”

Francois Legault and the Coalition Avenir du Quebec and others with clear and open hostility towards visible and religious minorities in Quebec represent the worst elements of Canadian and Quebec society. A society that buys into the narrative of white victimhood and denial of a more honest history that includes everyone who contributed to the great society we have today.

In metropolitan areas like Montreal, more and more people find this attitude dangerous and even laughable and recognize that those who support it can either embrace the diversity that enriches our food and other aspects of our culture, or die with the dinosaurs. That said, let the government know their decision to appeal is a frivolous waste of Quebec tax dollars when there’s a pandemic and a housing shortage to address. The fight’s only over when we the people say it is, so keep fighting.

Featured image of the Palais de Justice in Montreal by Jeangagnon via Wikimedia Commons

On Tuesday March 17, 2021 a white gunman walked into three massage parlors in Atlanta, Georgia and killed eight people, most of them Asian women. On March 18, 2021, a thirty-nine year old man was attacking people of Asian descent in San Francisco, starting with an 83 year old Chinese man. The attacker’s second victim was 76 year old Xiao Zhen Xie, who grabbed the first stick she found and fought back, resulting in her attacker having to be brought to the hospital on a stretcher.

Outrage exploded online in response, and hashtags like #StopAsianHate and #stopwhiteterrorism began trending. As an Asian Canadian, an artist, and an activist, I simply rolled my eyes and sighed.

Though the Chinese have been in North America since before Confederation, Asian Canadians are no strangers to racism. I’ve been fetishized when online dating due to misguided notions of Asian women as exotic and submissive. I have white relatives who refer to Filipinos – my and my mother’s people- as “the help”. Stereotypes about the alleged dangers of MSG, the exotic foods we eat, and myths about Asian bodies continue to exist among whites, even while they appropriate our fashions, our cooking methods and our fighting styles.

The global COVID-19 pandemic has only made things worse. It’s not just violent assaults like what happened in Atlanta and San Francisco. It’s the vandalism of Montreal’s Chinatown. It’s white vegans like Bryan Adams blaming Asian meat eating for the spread of the virus. It’s politicians calling COVID-19 the “China Virus” and “Kung Flu”. It’s harassment in the streets. It’s the refusal to support Asian businesses. For those of us who are mixed, like myself, it’s the refusal to accept “Canadian” as an answer when asked what we are. Whatever form it takes, it’s a pathetic attempt by whites to terrorize people and remind us of a truth we are well-aware of:

That no matter what we do, no matter how long we’ve been in Canada, no matter how well we speak English and French, no matter how much money we put into the economy, we will never be acknowledged as Canadians because we’re not white or white-passing.

It must be said that those attacking Asians are weak, pathetic, and stupid. They are weak and pathetic because those committing anti-Asian hate crimes are largely targeting women and the elderly, probably thinking they’d be an easy mark.

They are stupid because they cannot tell the difference between the Chinese, Japanese, Filipinos, Koreans, Vietnamese etc., and are particularly dumb because they think that myself and the rest of the community will be polite in the face of all the abuse. The fact that an elderly Chinese woman with no grasp of English was able to put her attacker in the hospital is proof we won’t go quietly. When I saw that article I smiled because I know my mother and late grandmother would have responded in the exact same way: by fighting back.

It is reassuring that most responses to the hate crimes have been outraged and supportive, but it’s not enough. If you don’t speak out against hate crimes, you are complicit in perpetuating them, and you leave us, Canadians and Americans, to fight alone.

Speak out if you hear someone using anti-Asian slurs or speaking of Filipino immigrants as a commodity that can be bought and sold. Call out cultural appropriation and whitewashing when you see or hear it, and support organizations like the Center for Research Action on Race Relations that promote racial equality and combat racism in Canada.

That said: if you are fine with all of the harassment and assault and you truly believe Asians are to blame for this pandemic, do us a favour. Put down the soy sauce, the Sriraracha, sesame oil, and the Sushi. Quit the martial arts class you’re taking, give away your Bruce Lee movies and posters, and avoid our markets. You do not get to profit off the contributions of Asians in North America if you won’t treat us with the same dignity you expect from others.

We’re better off without you, and we’re not going anywhere.

Featured Image: Screengrab from WXIA Atlanta