Stéphanie Vallée

LawNewsPolitics

On Tuesday, November 7, 2017, Muslim groups and civil liberty advocates launched the constitutional challenge we all knew was coming. Last week, I and many others predicted that Bill 62 would be headed straight for the courts on grounds that it violates the freedoms guaranteed in Canada’s constitution and Quebec’s Charter of Human Rights.

I’m not going to go over the details of Bill 62 as I did that last week. Instead, let’s talk about the legal challenge.

The plaintiffs in the constitutional challenge say in their court filing that:

“Such blatant and unjustified violations of freedom of religion, as well as of the quality guarantees of the Quebec and Canadian charters, have no place in Quebec or Canada,” and that this cannot be justified in a free and democratic society.

The plaintiffs include the National Council of Canadian Muslims, the Canadian Civil Liberties Association, and Warda Naili (formerly Marie-Michelle Lacoste), a convert to Islam who has chosen to wear the niqab as an expression of her faith.

The CBC spoke to some women who wear the niqab, something the Couillard government failed to do before passing Bill 62. For the most part they claim they have no issue showing their faces for identification and medical purposes, but that the law’s insistence that they show their faces regularly is not only humiliating them and forcing them to act in violation of their faith, but has also exacerbated the harassment they’ve experienced due to their beliefs.

The law, it seems, has sent the message to the most bigoted repulsive members of Quebec society that harassing a woman for how she dresses is perfectly ok. All you have to do is claim religious neutrality and secularism.

The motion filed in Superior Court on behalf of the aforementioned groups comes despite claims by Premier Philippe Couillard that Bill 62 was written to ensure its compliance with the Canadian and Quebec Charters. Quebec Justice Minister Stéphanie Vallée is also on the defensive, claiming the law only applies where uncovering one’s face is needed for communication, identification, or security. She’s said she believes the law will survive a constitutional challenge, though her confidence about this seems forced.

Other leaders in Quebec, including former Montreal Mayor Denis Coderre, newly elected mayor Valérie Plante, and the Quebec Association of municipalities have all come out against the law with one exception.

In a rare show of solidarity, Parti Québecois leader Jean-François Lisée has come out in support of the law, though he wanted even stricter secularist legislation. In spite of this, he too foresaw the constitutional challenge and has stated that a PQ government would use the Notwithstanding Clause to keep it in place should the courts strike it down.

The Notwithstanding Clause Lisée is so fond of is not the perfect fail safe the PQ leader makes it out to be. It is not a way for the Quebec government to flip the judiciary the legal bird should the constitutional challenge not go their way.

Section 33 aka The Notwithstanding Clause of the Canadian Charter of Rights and Freedoms 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.”

Sections 7 to 15 of the Canadian Charter of Rights and Freedoms deal specifically with legal rights such as the rights of people charged with criminal conduct, as well as equality rights such as that of equal protection before the law and freedom from discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. The clause allows governments to keep legislation that violates these rights in place provided they expressly declare that the law will remain in effect notwithstanding the Canadian Charter of Rights and Freedoms…

…But there is a catch.

The Notwithstanding Clause also contains a rule stating that this declaration and the law it allows can only remain in effect for five years.

The delay was created so legislators could rework the law in question to make it conform to the Charter. The five-year delay is renewable, but even laws the most stubborn politicians take pride in are reworked after being struck down by the courts.

Bill 101 is a perfect example. The Supreme Court of Canada ruled it unconstitutional, so the Quebec Government invoked the Notwithstanding Clause. During that time, the law was tweaked so it conformed to the Canadian Charter of Rights, thus eliminating the need to renew the Notwithstanding Clause and preventing future legal challenges to it.

Lisée’s mention of the Notwithstanding Clause is an indirect admission that Bill 62 is unconstitutional and would not survive a legal challenge. Once the courts strike it down and all government appeals are exhausted, it is certainly within Couillard and any other elected provincial government’s power to use and renew Section 33, but the Canadian people’s embrace of their Charter rights would make it a highly unpopular move.

With the striking down of Bill 62 a certainty, the only question left is how much more hate Quebec governments want to push on us.

NewsPolitics

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…