Unveiling religious rights
On Oct. 18, 2017, Québec’s Bill 62, or “An act to foster adherence to State religious neutrality,” which mandates having one’s face uncovered when providing or receiving public services, was passed in the Québec legislature. This bill affects citizens using public transportation or attending a medical appointment, as well as students accessing public education.
Nearly one month later, on Nov. 7, 2017, the National Council of Canadian Muslims and the Canadian Civil Liberties Association, along with Marie-Michelle Lacoste, a Québec Muslim litigant, filed a challenge to this act in the Québec Superior Court, CBC reports.The plaintiffs argue that both Québec’s Charter of Human Rights and Freedoms, and the Canadian Charter of Rights and Freedoms, protect freedom of religion and the right to equality.According to both Charters, freedom of religion in Québec and Canada requires that individuals be free to maintain their own personal religious beliefs and to express these beliefs in their daily activities.
According to the plaintiffs’ application for judicial review, one stipulation of this freedom is the principle of state neutrality, which is “the notion that the state must neither encourage nor discourage any form of religious conviction or practice.” The other is the right to equality, which is “the equal protection and equal benefit of the law without discrimination,” as noted in the Canadian Charter. This means that individuals are protected by the Charter against unequal treatment or an unequal ability to exercise their fundamental freedoms based on their personal characteristics, such as religion and sex.The plaintiffs argue that Bill 62 infringes on the religious rights of certain Muslim women in Québec and affects their ability to exercise their religious freedoms, leading to the alienation and marginalization of these women.The defendant in this case, Québec justice minister Stéphanie Vallée, said that the face-veil ban intends to ensure proper communication, identification, and security during the exchange of public services, according to CTV news. Vallée claims that the legislation does not target any religious group and that most Québecers agree with the principle behind the bill.
Vallée highlighted that the act does not prohibit a person from covering their face altogether, but rather requires them to uncover their face for a moment to allow for identification; the person is free to cover their face afterwards. The act explicitly states that its purpose is to promote the goal of advancing religious neutrality of the state and to facilitate communication between public employees and private citizens.
The Court is to decide whether the act violates the guarantees of freedom of religion and the right to equality enshrined in both the Québec and Canadian Charter, and if so, whether the infringement of these rights and freedoms can be justified in a free and democratic society.
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