As the Parti Quebecois introduced its long-awaited Charter, federal Economic and Social Development Minister Kenney vowed to challenge the legislation and defend Canadians' right to religious freedom.
“Whatever bill is produced by the National Assembly on this matter, we will refer to the Department of Justice for a constitutional analysis,” Kenney, who is also Multiculturalism Minister, told journalists on a conference call. “If we believe that the final act adopted by Quebec, if any, violates the Canadian constitution and our fundamental rights such as freedom of religion we will vigourously challenge it. We will vigourously defend Canadians’ right to freedom of religion.”
Bill-60 affirms the secular nature of the Quebec state, its religious neutrality and affirms the equality of men and women. More controversially, it bans the wearing of overt religious symbols or clothing for those working in the public sector.
A man or a woman “is no less a Canadian because he or she wears a yarmulke, a cross, a turban or a hijab,” Kenney said. “Canadian citizens should not be discriminated against in working in the public sector simply because of ordinary and unharmful expressions of their personal religious faith.
“Canada is a model to the world because of our pluralism, because of our tradition of unity in diversity which is based on a respect for peoples’ culture and faith,” he said.
“I think the notion that a woman who wears a cross or a hijab somehow violates the neutrality of the state is ridiculous,” Kenney said. “(Bill-60) says the symbols have to be large and obvious. This bill would be an invitation for government bureaucrats to get out tape measures to measure the size of peoples’ crosses.”
He called the prospect “Monty Pythonesque.” He accused the minority Parti Quebecois government of playing the “politics of division by attacking minority communities.” He noted many prominent separatists have also criticized the Charter.
Other federal parties were quick to denounce the Quebec bill as well. New Democratic Party Leader Thomas Mulcair and Liberal intergovernmental affairs critic Stephane Dion both denounced the Charter.
Mulcair said PQ leader Pauline Marois is divisive and the Charter represents “a political play.”
“The NDP is already on the record as saying we’re not just going to talk about defending rights, we’re going to put our money where our mouth is, we’re going to work with Julius Grey who’s already offered to take pro bono any case of someone who would lose their job,” Mulcair said following Question Period Nov. 7.
“I think it’s completely wrong. Quebeckers deserve better,” Dion said. “It’s discrimination at work. People will be discriminated against because of their religious practices. It’s not something we may accept. I know that Quebeckers don’t want to fire people because they have religious beliefs. This is completely wrong.”
Both Dion and Mulcair pointed out Prime Minister Stephen Harper’s Quebec lieutenant Denis LeBel told media he did not have a problem with the Charter.
“The government must say the same in English and in French,” said Dion. “I don’t want to see a minister saying something in English and another, something else in French.”
B’nai Brith Canada, a Jewish human rights organization, condemned Bill-60, saying it will “violate fundamental freedoms enshrined in both the Canadian and Quebec Charters.”
“Legislation of this type discriminates against persons of faith by denying their right to religious expression,” said Me Allan Adel, national chair of the League for Human Rights of B’nai Brith Canada.
“The government, by setting itself up as the arbiter of religious expression, is doing the exact opposite of its supposed goal of achieving a secular state. This contradiction and notion that state secularism forbids the acceptance of religious expression in the public realm is itself an example of the misguided nature of the bill,” Adel said, adding the League was prepared to intervene if necessary.
“By denying persons of faith their rights to religious expression, the legislation will only create divisions in Quebec society where persons of faith will be considered second class and indeed unwanted citizens,” said B’nai Brith CEO Frank Dimant. “Quebeckers and all Canadians must be allowed to exercise their fundamental right of religious expression.”