After losing her job over Quebec’s controversial religious symbols ban, teacher Fatemeh Anvari says secularism is her top campaign issue in the province’s election.
“Something that has to do with my personal freedoms, my rights and the rights of so many – it would be at the forefront,” Anvari said.
“I lost my teaching job only because I was wearing a hijab and the law didn’t allow that.”
It’s the same story for Bouchera Chelbi, a Montreal teacher who under Bill 21 was allowed to keep her current job because of an acquired rights clause, but cannot move jobs or get a promotion.
“Because of this bill, I’m denied many advantages that anybody can have, at least anybody who’s not wearing a religious symbol,” Chelbi said.
“This is not because I’m not competent enough. This is not because I’m not qualified enough. It is because of the way I choose to dress.”
Ahead of Quebec’s general election on Oct. 5, Chelbi says she’d like all five main political party leaders to take into consideration “that there are real human beings impacted by these bills.”
Secularism hasn’t come up much this election. We asked the 5 main parties where they stand
The previous Coalition Avenir Québec (CAQ) government passed various laws during its eight year mandate – bills 21, 94 and 9 – that banned police, prosecutors, judges, teachers, other school employees, and publicly-funded daycare workers from wearing religious symbols at work.
The ban even extends to parent volunteers at schools.
The CAQ also banned prayer rooms in schools and universities, barred public institutions from serving exclusively kosher or halal menus, and put restrictions on group prayers in public.
One of the reasons secularism hasn’t come up much in this campaign may be because everyone’s waiting for a Supreme Court decision that will ultimately decide its fate in the province.
Quebec’s secularism laws are – in theory – protected from legal challenges because the CAQ pre-emptively invoked the constitutional notwithstanding clause when it passed them.
The Supreme Court is currently weighing whether the clause can actually be used that way, and a decision is likely in the next few months.
That decision will directly affect how the next government deals with secularism laws.
People such as Anvari and Chelbi, who’ve experienced major consequences of secularism laws, don’t want the next government to wait for the Supreme Court decision to act. They’re calling for the laws to be repealed as soon as possible.
Meanwhile, some groups that support the province’s secularism laws want to know they’ll be protected.
“Evidently, we’re not talking enough about it. It’s Quebec’s autonomy that’s at stake,” said Daniel Baril, president of the group Mouvement laïque québécois, a provincial secularism group.
He wants the ban on wearing religious symbols at school expanded to include not just teachers and staff but students as well.
“It’s a method used to engage in religious proselytism in schools, and it creates tensions and conflicts,” he said.
Why the Supreme Court challenge of Quebec’s secularism law matters to the whole country
Nadia El-Mabrouk, president of another pro-secularism group, the Rassemblement pour la laïcité, told CBC the group wrote to all the political parties at the start of the campaign proposing more secularism measures, but has yet to hear back.
Her group is pushing for a national secularism day, stricter enforcement of existing laws, and an end to religious tax breaks and livestock slaughter exemptions.
“Unfortunately, we are seeing a backlash, so we need political parties that stand firm,” she said.
CBC reached out to all the parties and asked whether they would strengthen secularism laws, weaken them, or maintain the status quo. Here’s what they said:
The CAQ, which passed the existing secularism laws, is promising to maintain them, and to continue to use the notwithstanding clause to protect them from legal challenges.
“These are all necessary laws to affirm and preserve the secular nature of the state, which is so dear to Quebecers,” the party said in an email.
The CAQ was also the only party that hinted at strengthening the laws.
“We have no intention of backing down from our commitment to secularism, and should further measures prove necessary, we will not hesitate to implement them,” the party said.
The PQ and the Conservative Party of Quebec also both promised to maintain current secularism laws and to use the notwithstanding clause to protect them, although neither party mentioned any further measures.
Still, both suggested the notwithstanding clause would be a big part of their plans even beyond secularism laws.
“As long as Quebec remains part of Canada, the Parti Québécois reserves the right to invoke the notwithstanding clause for any law it deems legitimate,” the PQ said in a statement.
The Conservatives went further.
“We will systematically invoke the notwithstanding clause in every law we pass in order to protect the choices of the National Assembly,” the party said.
Somewhere in the middle is the Quebec Liberal Party (PLQ).
“The PLQ is in favour of state secularism, but does not plan to adopt new measures regarding current prohibitions,” the party said in a statement.
The party says it favours a milder version of state secularism first proposed by the Bouchard-Taylor commission in 2008, which would limit the ban on wearing religious symbols at work to people in positions of authority – judges, prosecutors and police – but not teachers or any other civil servants.
The party didn’t commit to changing or repealing any of the secularism laws, but it did say it would not renew the notwithstanding clause protecting Bill 21 when it expires in 2029, which would leave the law open to being struck down in a court challenge.
The party with the strongest stance against secularism laws is Québec Solidaire.
“Québec Solidaire believes that the freedom-curbing measures of bills 21, 94 and 9 do not strengthen the secular nature of the state in any way, and that is why we are committed to repealing them,” the party said in a statement.
It also said it would regulate the use of the notwithstanding clause to protect rights and freedoms of Quebecers.
Québec Solidaire said there are better ways to strengthen state secularism, such as ending public funding for religious schools.
