On November 7,
bill 60 was tabled in the Quebec National Assembly, dealing a harsh blow to workers’
human rights. Otherwise known by the absurdly long title of, Charter affirming the values of State
Secularism and religious neutrality and of equality between women and men, and
providing a framework for accommodation requests, bill 60 seeks to strip
employees of the Quebec public service of their rights to freedom of religion.
The bill places
several undue restrictions on workers, all of which are deemed to form an
integral part of their employment conditions[1]. For
instance, the bill requires that personnel members of public bodies maintain
religious neutrality and exercise reserve in expressing religious beliefs while
they’re working[2]. To achieve its ends of “religious neutrality”
and “reserve” with regard to expressing religious beliefs, the bill prohibits
Quebec public service workers from wearing anything that could indicate a
religious belief to anyone. Section 5 of the bill states as much:
In the exercise of their functions, personnel
members of public bodies must not wear objects such as headgear, clothing,
jewelry or other adornments which, by their conspicuous nature, overtly
indicate a religious affiliation.
Under the
provisions of the bill, employees of the Quebec public service must have their
faces uncovered when they’re working and providing services to the public[3]. Contractors
on government jobs also have to comply with the same rigid religious
stipulations that apply to public service workers[4]. Even
people not employed by the government are typically obliged to have their faces
uncovered when they receive public services[5].
It doesn’t take
a lot of imagination to see what this bill achieves – namely, a level of
intolerance that hasn’t been seen in Canada in a mercifully long while. If bill
60 is passed, workers of one faith or another are liable to find themselves in
breach of the law. Forced into a position of choosing between their jobs and
their faith, workers will have to make decisions no one should be forced to
make.
The tension
this bill would sow in Quebec has already been on display. The Jewish General
Hospital in Montreal has voiced strong objections, calling the bill “patently
discriminatory”. And so it is. The bill would prohibit doctors and employees of
the hospital from wearing the kippah (or “yarmulke”) or virtually any other
symbol indicative of a religious faith while they’re working. The hospital has
vowed to defy such provisions of the bill, if it passes.
Canada has been
instrumental in fostering human rights, both at home and on the international
stage. The Universal Declaration of Human
Rights (UDHR) was adopted by the United Nations in 1948, establishing human
rights as international law for the first time. Canada helped to draft key
sections of the Declaration and was at the forefront of this movement to
recognize human rights. Article 18 of the Declaration recognizes a person’s
right to freedom of thought and religion. Given that the Declaration was passed
shortly following the end of WWII, the importance of the recognition of a right
to practice religion without discrimination cannot be overstated. To now see
one of the provinces stoop to tabling legislation that targets the freedom of
workers to express their religion is completely contrary to the sentiments the
UDHR and subsequent human rights legislation has been designed to uphold.
Before the bill was tabled, rumours had been circulating that Premier Marois
planned to call an election for December 9th, leveraging the
expected popularity of bill 60 to gain a PQ majority in the National Assembly.
But it seems she was sorely disappointed. According to polls, the Liberals
remain in the lead of the PQ. Perhaps as a result of her lagging poll numbers,
Premier Marois has stated now that she won’t call an election.
It seems the people of Quebec don’t want legislation that discriminates
against workers based on their religious beliefs. It seems the people of Quebec
might prefer legislation that bolsters, rather than assaults, protections for a
person’s dignity. If Premier Marois wants any chance of re-election, she just
may need to acknowledge how deeply offensive, flawed and misguided bill 60 really
is.
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