Quebec ban on religious symbols

The Quebec ban on face covering (included in Bill 62, “An act to foster adherence to State religious neutrality and, in particular, to provide a framework for requests for accommodations on religious grounds in certain bodies”)[2] made world headlines in October 2017.[3] The bill was passed on October 18, 2017.[2] The ban prevented a person whose face is covered from delivering or receiving a public service.[2] Justice Minister Stéphanie Vallée stated that people could seek religious exemption on a "case by case" basis.[4]

The ban has worried some conservative Muslims who consider face covering a necessary part of their religion [5] and have defined the move as islamophobia.[6] Prime Minister Justin Trudeau spoke out against it.[7] Several scholars have also criticised the ban.[2] The ban was challenged by the Canadian Civil Liberties Association and the National Council of Canadian Muslims in the Quebec Superior Court.[6] Meanwhile, the Parti Québécois and the Coalition Avenir Québec argued the ban was not extensive enough.[2] Some journalists accused Quebec's then-premier Philippe Couillard of supporting the ban for “perceived political advantage”.[2] while a majority of the general public expressed their support for this move.[8]

With regards to public opinion, an October 27 Ipsos poll found that 76% of Quebecers backed Bill 62, with 24% opposing it. The same survey found the 68% of Canadians in general supported a law similar to Bill 62 in their part of Canada.[9] An October 27 Angus Reid Institute poll found that 70% Canadians outside of Quebec supported "legislation similar to Bill 62" where they lived in the country, with 30% opposing it.[10]

However, a judge made the decision that the face-covering ban cannot be applicable while analysis by another court, because of irreversible injury it may cause some women of the Muslim faith. Twice since December 2017 a Quebec judge granted an injunction on that section questioned in court by the National Council of Canadian Muslims with the participation of the Canadian Civil Liberties Association. In the judgment of the court, said section contravenes the freedoms guaranteed by the Quebec and the Canadian charters of human rights and freedoms.[11]

The Quebec Liberal Party government confirmed that it would not appeal that suspension of the key article of its Religious Neutrality Act. The government of Quebec preferred to wait for a judgement on the substance and constitutionality of the law.[12]

If the Quebec Liberal Party government had been re-elected in the general election on October 1, 2018, Premier Philippe Couillard said he would be ready to go to the Supreme Court of Canada, if necessary, to defend Bill 62.[13] From his previous comments on the matter, Couillard was not likely to preserve the face covering ban by invoking the notwithstanding clause of the Canadian Charter of Rights and Freedoms.[14] Couillard stated that his government, in passing Bill 62, did not use the notwithstanding clause by design, saying that the Supreme Court would probably uphold his government’s limited ban as reasonable and justified.[15]

As promised during the 2018 election campaign, the CAQ government tabled Bill 21 on March 28, 2019, entitled "An Act respecting the laicity of the State". The bill, since made law, bans public workers in positions of "authority" from wearing religious symbols, specifically while they are on duty. According to the text of the bill, the laicity of the state is defined by a neutral religious stance, keeping state and religious affairs apart, as well as promoting equality and freedom of conscience and religion among citizens.[16]

Immigration Minister Simon Jolin-Barrette said all religious symbols, regardless of the size of the object, would be prohibited, but not religious tattoos or hairstyles such as Rastafarian dreadlocks. The law affects:

• Any public employee who carries a weapon, including police officers, courthouse constables, bodyguards, prison guards, and wildlife officers
• Crown prosecutors, government lawyers, and judges
• School principals, vice-principals and teachers

A grandfather clause exempts some public workers as long as they continue to hold the same job, at the same institution. The law also details rules that require people to uncover their faces to receive a public service for identification or security purposes, such as taking public transit with a reduced-fare photo ID card. However, people who have their faces covered for medical reasons or to do their jobs are exempt from these rules.[17]

The previous Liberal government passed a similar law banning veils that cover the face, but the relevant sections remain suspended following a court challenge by civil liberties groups. Before that legislation, the Parti Québécois proposed a law banning the display of "ostentatious" religious symbols, but they were unable to pass it before losing an election some months thereafter.

Under the CAQ's legislation, the law applies when receiving government services, including:

• Municipal services such as public transit
• Doctors, dentists, and midwives in public institutions
• Subsidized daycares
• School boards[18]

The law invokes the notwithstanding clause[19] to avoid legal challenge based on the Canadian Charter of Rights and Freedoms[20] and amends the Quebec Charter of Human Rights and Freedoms to say that "state laicity" is of "fundamental importance" to avoid lawsuits under Quebec law.[18]