Expanding the ban on the wearing of religious symbols in schools to cover all people who have contact with students equals intolerance

From the moment it was adopted, the English Montreal School Board has been vigorously opposed to Bill 21, An Act Respecting the Laicity of the State. The legislation bars public-school teachers, government lawyers, judges and police officers from wearing religious symbols while at work.

The Quebec Superior Court struck down key provisions of Bill 21 on April 20, 2021. However, the Quebec Court of Appeal did not uphold that decision on February 29, 2024, setting in motion a request by  EMSB, the National Council for Canadian Muslims and the Canadian Civil Liberties Association to seek leave to appeal that ruling at the Supreme Court. The latter plans to hear this challenge to Quebec’s secularism law.

Now comes news that the CAQ government plans to expand the current ban. The new measures, part of what is being called Bill 94, will bar a host of other workers from wearing such religious symbols as a crucifix, a hijab or turbans. The new list includes everyone from cafeteria workers, secretaries and psychologists to library volunteers, janitors and sports trainers. Like the original Bill 21, Bill 94 will include a grandfather clause recognizing the rights of existing employees to continue wearing them. But as we already know, present-day teachers wearing religious symbols are already prohibited from becoming principals or vice-principals.

Bill 94 is a bad idea at a bad time. We are already dealing with a shortage of teachers across the province. Bill 21 merely exacerbates the problem. Finding people to do all the other jobs necessary to ensure our students have all the support they need is equally challenging. Bill 94 will impact every educator and student in Quebec negatively.

We maintain our original position that Bill 21, and now Bill 94, conflicts with our values and our mission and with those of all Quebecers as expressed in the Quebec Charter of Human Rights and Freedoms. Its very adoption was contrary to our societal goal of promoting our peaceful co-existence in a pluralistic Quebec. 

This expansion directly attacks all minorities who set foot into our schools. We value the diversity of our students and staff and respect their personal and religious rights which are guaranteed both by the Canadian and Quebec Charters of Rights. This legislation runs contrary to what we teach with regard to respect for individual rights and religious freedoms. Expanding this bill to prohibit all school employees and volunteers from wearing their religious symbols sends a message of intolerance and exclusion to our students and their families. 

Additionally, this is Violence and Anti-Bullying Week in Quebec. It was mandated by the very same Minister of Education who is sponsoring Bill 94. What a contradiction! Bills 21 and 94 send messages of intolerance and exclusion to our students and their families.  

The EMSB’s contention is based primarily on Section 23 of the Canadian Charter of Rights and Freedoms that guarantees minority language educational rights to English-speaking minorities in Quebec, including the exclusive right of management and control of school boards accorded to linguistic minority communities across Canada.

Our challenge to Bill 21 was also based on gender discrimination, prohibited under section 28 of the Canadian Charter. Rather than promoting gender equality, Bill 21 and Bill 94 have the opposite effect. Due to the preponderance of women working in Quebec schools, the law has a disproportionate effect on them, particularly well-educated Muslim women with university teaching degrees whose role in public life is restricted. Bills 21 and 94 remain an attempt to solve a non-existent problem. The current expansion doubles down on this issue. The expansion of this bill to include all females, including students and volunteers further discriminates against women in our community The government is trying to restrict the roles for all women who wear religious symbols. It’s preposterous.