Quebec’s Bill 9 Masks Discrimination as Secularism

MONTREAL — The Canadian Civil Liberties Association (CCLA) denounces Quebec’s Bill 9, tabled today, as yet another assault on religious freedoms, equality, and basic human dignity.

In a clear and alarming infringement of freedom of religion, expression, peaceful assembly and equality, this sweeping piece of legislation almost completely prohibits collective religious practice in public.

“State secularism means the separation of religion from government institutions and the neutrality of the state towards religions,” said Anaïs Bussieres McNicoll, Director of the Fundamental Freedoms Program at the CCLA. “This does not give the government license to suppress manifestations of religion in public spaces.”

“Public spaces belong to everyone,” continued Bussières McNicoll. “The freedom to express one’s thoughts, opinions and beliefs in public, including through prayer, is a cornerstone of any democratic society.”

Bill 9 also prohibits people from hindering or disturbing any religious practice taking place in a place of worship. This would undermine the democratic freedoms of all Quebecers.

“Prohibiting disturbances near places of worship directly infringe freedom of expression and freedom of peaceful assembly,” added Bussières McNicoll. “Protesters should not be fined for having participated in peaceful demonstrations in public spaces such as streets, just because they happened to cause disruption near places of worship.”

Bill 9 expands the existing ban on the wearing of religious symbols to daycare workers and to staff of subsidized private educational institutions. It also bans people from wearing religious face coverings while receiving educational services. This bill also restricts religious accommodations in the public sector.

“These harmful bans disproportionately target and marginalize religious and racialized minorities, especially Muslim women,” said Harini Sivalingam, Director of the Equality program at the CCLA. “Stripping people of their right to learn or to work because of their faith has no place in a democracy, ” Sivalingam continued. “Bill 9 will deprive generation of Quebecers from competent and passionate workers.”

“Bill 9 deepens the shameful legacy of exclusion set in motion by Bill 21 – legislation that we are currently challenging at the Supreme Court of Canada,” Sivalingam added. “We call on the Quebec government to abandon this divisive scheme immediately and to stop weaponizing a distorted view of secularism as a political tool.”

“Once again, the Quebec government is using the notwithstanding clauses in an attempt to prevent Quebecers from challenging a law that blatantly violates their fundamental rights,” said Howard Sapers, CCLA’s Executive Director. “If the Quebec government truly believes that its legislation is justified, it should have the courage to defend it before the courts. Instead, the government is bypassing the democratic dialogue with courts that is essential in a free and democratic society,” he concluded.