CCLA Condemns Quebec’s Ban on Prayer in Public

The Canadian Civil Liberties Association strongly condemns the Quebec government’s announcement that it will introduce legislation that prohibits prayers in public spaces.

This alarming measure is a clear infringement on freedom of religion, freedom of expression, freedom of peaceful assembly and freedom of association. These basic democratic freedoms are guaranteed in both the Quebec Charter of Human Rights and Freedoms and the Canadian Charter of Rights and Freedoms.

Public spaces belong to everyone, regardless of their religious beliefs. These spaces must be places where diversity of belief, culture and identity is both respected and protected.

“The freedom to express one’s thoughts, opinions and beliefs in public, including through prayer, is a cornerstone of any democratic society. Although fundamental freedoms are not absolute, Quebecers from all walks of life should be wary of irrational and overly broad restrictions to these basic democratic freedoms,” said Anaïs Bussieres McNicoll, Director of the Fundamental Freedoms Program at the Canadian Civil Liberties Association.

This attack on religious freedoms will disproportionately impact religious minorities, many of whom are racialized or newcomers. Laws that selectively censor religious practices infer that some communities are second-class citizens who are not welcome in public spaces.

“Suppressing peaceful religious expression, individually or communally, under the guise of secularism not only marginalizes faith-based communities but also undermines principles of inclusion, dignity and equality,” said Harini Sivalingam, Director of Equality Program at the Canadian Civil Liberties Association.

Once again, the Quebec government intends to use the notwithstanding clause (s 33 of the Charter) to shield from courts’ scrutiny a law that blatantly violates fundamental rights of Quebecers.

“We are deeply concerned by the increasing trend by some governments to misuse the notwithstanding clause to violate fundamental rights and freedoms” say Howard Sapers, Executive Director of the Canadian Civil Liberties Association.

If the Quebec government truly believes that these rights limitations are justified, it should have the courage to defend its legislation before the courts. Instead, it will bypass the democratic dialogue that is essential in a free and democratic society.

We call on the Quebec government to commit to upholding the fundamental freedom of all Quebecers and refrain from introducing egregious legislation that would prohibit prayers in public spaces.