Quebec chooses division over leadership, again, by expanding secularism laws with Bill 94

On March 20, Education Minister Bernard Drainville tabled Bill 94, an extension of Bill 21 that would expand the province’s ban on the wearing of religious symbols in schools and school service centres. The bill applies to all school staff and volunteers including administration support, lunch and after-school workers. Additionally, this new secularism law aims to prohibit student absences for religious holidays and restrict the provision of halal and kosher food options in Quebec schools.

Bill 94 also prohibits students on campus from wearing full face coverings, such as the niqab, but Quebec already has a law in place that does just that: Bill 62, enacted in 2017. Why is the Legault government proposing to ban the niqab again?

These measures have been met with swift and vehement opposition from various groups, who view them as an attack on fundamental rights and freedoms. 

At a time when Canada faces external challenges that threaten its sovereignty, such as fluctuating international trade policies and geopolitical tensions, internal divisions over issues like Bill 21 and the proposed Bill 94 serve only to weaken the nation’s cohesion. The Coalition Avenir Québec (CAQ) government’s focus on identity politics appears increasingly out of touch with the pressing concerns of Quebecers, who are more urgently grappling with crises in healthcare, education and affordable housing.

Identity politics is a dangerous strategy. The Legault government is “othering” its minorities in a deplorable way with this proposed legislation. They are not creating a secular society. They are creating divisions between our communities. They defy the equalities guaranteed by both the Quebec and Canadian Charter of Rights and Freedoms. Premier Legault knows full well that this bill will not be able to withstand court challenges. As with Bill 21, the CAQ government is threatening to invoke the notwithstanding clause to pass Bill 94. 

The backlash against these legislative efforts has been robust. The Quebec-based union Confédération des syndicats nationaux (CSN) said the new rules amount to an attack on the “fundamental rights of workers”. Union president Caroline Senneville said the bill “reinforces discriminatory dress codes for school staff.”

Legal experts have sounded the alarm. Pearl Eliadis, Constitutional Lawyer at Mcgill University’s Faculty of Law, stated that this bill is a “violation” of the Canadian Constitution.

The individuals most affected by these policies are women, as highlighted by organizations such as the Fédération des femmes du Québec. How can we advocate equality on the one hand and perpetuate a sexist tendency on the other?

Educational leaders have also voiced strong opposition, including English Montreal School Board chair Joe Ortona, who is challenging Bill 21 in the courts. “Bill 94 is a bad idea at a bad time,” Ortona said. “We are already dealing with a shortage of teachers across the province”. As they have in the past, Quebec unions representing teachers blasted the new secularism bill, accusing the CAQ government of creating a diversion to get over other problems.

A breakdown of confidence and trust has taken place between the CAQ government and the Quebec electorate. Quebecers’ patience is wearing thin with the current government’s broken promises. The lack of concrete solutions offered by the Legault government to our ongoing housing, healthcare and education crises has left many Quebecers looking to other parties to address their concerns.

A recent Léger poll put the CAQ in a tie in second place with the Liberal Party of Quebec. If an election were held today, according to the poll, the CAQ could finish in third place.

History has shown that discriminatory laws and identity politics have limited efficacy and often lead to political downfall. The individuals most affected by these policies are not retreating; instead, they are standing firm, challenging the injustices and asserting their rightful place in Quebec society. Quebec is their home, and they are determined to contribute to its diverse and inclusive future.​ ■

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