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Quebec's National Assembly continues, focus shifts to religious symbols bill

cbc.ca

11–20 of 28 posts

Re: Quebec's National Assembly continues, focus shifts to religious symbols bill

#11
post #4

Earlier quoted context omitted.

> The bill also invokes the notwithstanding clause What's that ?

Section 33 of the Canadian Charter of Rights and Freedoms, known as the notwithstanding clause, is part of the Constitution of Canada. Also known as the override clause, Section 33 allows federal, provincial or territorial governments to temporarily override, or bypass, certain Charter rights. Section 33 overrides can last only five years, when they are subject to renewal. Although the clause is available to governme…

> What does it gain them?

This law almost certainly violates the charter IMO (except for the notwithstanding clause) because of freedom of religion and expression. What it gains them is the ability to pass this law without it being overturned. I'd say it's completely in character for Quebec to pass a law like this with no ulterior motives except what's on the box - preventing civil servants from wearing religious symbols.

Even if you think it almost certainly doesn't violate the charter, it gains them the ability to pass this law without wasting tons of money on lawsuits, and having people who object to it also waste tons of money on lawsuits.

Re: Quebec's National Assembly continues, focus shifts to religious symbols bill

#13
post #5

It's disgusting, and most of the rest of Canada is against it. The part that really bugs me about it is that Christian symbols are allowed- because that's "a part of our culture".

French Canadians really are a breed apart. If you've only been to Montreal, you might not believe it, but the rest of the province is still kind of a time capsule. They are still very Catholic, very French, and not particularly interested in changing.

Re: Quebec's National Assembly continues, focus shifts to religious symbols bill

#14
If Quebec wants to ban "religious symbols" for its govt. employees, then they must affirmatively put forth a strict "this is what _everyone_ must wear" uniform similar to grade school/military codes. I personally wouldn't have a problem with that, but I wonder if that could pass through the political process (hence this backdoor bill shenanigans I suppose).

Re: Quebec's National Assembly continues, focus shifts to religious symbols bill

#16
post #5

It's disgusting, and most of the rest of Canada is against it. The part that really bugs me about it is that Christian symbols are allowed- because that's "a part of our culture".

Exactly, West was founded on Christianity, not Islam. That's why in West woman have most freedom than anywhere in the world. If this statement makes you upset, you are running away from reality.

Re: Quebec's National Assembly continues, focus shifts to religious symbols bill

#17
The title of this link is so grossly sensationalized. Nothing has been set yet, and Quebec hasn't banned anything. Politicians just proposed a bill and will likely face steep opposition since this sort of thing has happened before.

In Canada, everyone must wear helmets when operating a motorcycle; riders who wore turbans were exempt from this rule. A bill was proposed to ratify the exemption, ppl cited discrimination and the bill was shot down.

Re: Quebec's National Assembly continues, focus shifts to religious symbols bill

#19
post #8
post #4

Earlier quoted context omitted.

> The bill also invokes the notwithstanding clause What's that ?

https://en.m.wikipedia.org/wiki/Section_33_of_the_Canadian_C... > The Parliament of Canada, a provincial legislature or a territorial legislature may declare that one of its laws or part of a law applies temporarily ("notwithstanding") countermanding sections of the Charter, thereby nullifying any judicial review by overriding the Charter protections for a limited period of time. This is done by including a section i…

> Basically, imagine if states could pass temporary laws that were not allowed to be challenged as unconstitutional. For some reason, Canada allows that.

One argument in favour is that it preserves the ability to pass emergency acts without contorting the definition of 'rights'.

As a negative example, look at current US rhetoric regarding a "national emergency" over immigration. That is being used to justify acts that might under other circumstances be unconstitutional, but the only way the courts can allow it is to also allow broad, ad-hoc "national security" exceptions to constitutional rights.

If the US had something similar to the notwithstanding clause, the line of authority would be much clearer. An act that would otherwise be unconstitutional can still pass and become effective if the elected government certifies the need, on a temporary basis.

While this clause (and similar language in s.1 of the Charter, which states that rights are guaranteed to "such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.") ostensibly weakens the strength of rights in Canada, I believe that this presence invites courts to paradoxically take a stronger view of rights on a day-to-day basis. In particular, they're much more likely to truly inquire whether government actions are reasonable.

Re: Quebec's National Assembly continues, focus shifts to religious symbols bill

#20
post #4
post #3

> The Coaliton Avenir Québec government wants to pass a bill today that will bar public-school teachers, government lawyers, judges and police officers from wearing religious symbols while at work. > The bill also invokes the notwithstanding clause in an effort to spare it from court challenges about its constitutionality.

> The bill also invokes the notwithstanding clause What's that ?

An opt out clause that provinces have that allows them to prioritize cultural aspects higher than the constitution. We have a situation where a very controlling and supervisory religion does not want to allow any reformation or 'backsliding' in their adherence. That means in speech and dress they must conform to their religion - even though many of the younger ones dearly want to reform and/or 'backslide'. The priovince says while you work for us and are paid for us, you must dress like us. Do what you like at home/in private. A lot of Canadians do not want to deal with masked people in provincial offices or in the photo on their drivers licence or whatever, when those same Canadian are denied the ability to wear a mask. I have to admit that having a drivers licence of a masked women does not meet identification reality for that or for health or drug benefits. In fact, there have been many cases of people borrowing health(Free medical care cards in Canada) cards to use for non residents. Added to that is the large group of young muslims who want reformation and to shake islam off their boots.
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