Quebec Values Test

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The Quebec Government just passed a “Quebec Values Test” requirement for prospective immigrants. It was one of Premier François Legault’s easy-to-keep campaign promises aimed squarely at the most bigoted elements of his base.

My colleague Samantha Gold will have a detailed look at the specifics and talk to some of those it actually affects in a few days. For now, just know that it’s exactly as bad as you think it is, only it’s worse.

Though passed after Bill 21, the infamous religious symbols ban, it effectively acts as a first step towards forced assimilation into white mainstream European settler culture. It also attempts to normalize the xenophobia inherent in Bill 21.

Insulting Questions That Distract

While the government hasn’t released actual questions that will be on the test, they did offer media five sample questions covering the general areas. Most of them are basic and, frankly, insulting.

There’s the one about what the official language of Quebec is. Gee, could it be the one the test is written in and also the one prospective immigrants have to take a whole other test on?

While that one may be insulting to the test taker’s intelligence, some of the others are potentially worse. Those are the ones also designed, most likely, to mollify progressive-minded people who already live here.

They ask about whether or not men and women are equal in Quebec and also if men can marry men and women marry women here. The questions ignore the reality that gender equality and LGBTQ rights might very well be the reasons behind the applicant’s desire to immigrate here in the first place.

Then there’s one about whether or not a police officer can wear a religious symbol on the job. Of course, Bill 21 goes much further than the police, but why not cherry-pick scenarios?

Coupled with the two questions I just mentioned, the intent is clear. The CAQ want to imply that a woman who chooses to wear the hijab, for example, cannot possibly be for gender equality.

At the same time, they want people to think of Bill 21 as something that actually has to do with secularism, gender equality and LGBTQ rights, when, in reality, it’s just about turning racist fears of the so-called “other” into votes. Nice try, assholes.

The final question they released, though, is really the white frosting on this cake of intolerance. It’s multiple choice:

Identify which situations involve discrimination. A job is refused:

  • To a woman who is pregnant
  • To a person lacking the required diploma
  • To a person because of their ethnic background

While the correct answer should be that refusing a job to someone for being pregnant and/or for their ethnic background constitutes discrimination, Bill 21 really muddies the waters. It has made it not just okay, but also law, to discriminate against someone proudly displaying their ethnic and cultural background when applying for a job.

Five Better Questions

Okay, so here are five more accurate questions that the CAQ should ask:

  1. Are you aware that the current government of this province is actively scapegoating immigrants to appeal to their xenophobic base?
  2. You know French is the official language, women and men are equal and the LGBTQ community have rights, but did you know the government is using all of that to justify their bigotry?
  3. Did you know that this is actually Native land and the Quebec Government really should have no say in who comes here or not?
  4. If you do come, hockey is really a thing here and so is poutine (fries, cheese curds and gravy). So, get ready for that.
  5. Just fill out the “test” the way they want and then come here and help us get them removed from office.

Seriously, though, this “test” is the sort of racist BS we’ve come to expect from the CAQ. It’s sad, but it’s also what we’ve got to deal with for the next few years.

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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