Should religious activities be tolerated in public spaces?

A prayer organized on Sunday, June 16 by a Muslim community in Parc des Hirondelles (Ahuntsic-Cartierville) sparked controversy, to the point that the mayor of the borough went on air to justify the holding of the event. It should be noted that this was not the first time, but the broadcast on social networks of a video showing Muslims, on the sidelines of a rally in support of Palestine, praying at the intersections of Stanley and Sainte-Catherine is undoubtedly no stranger to controversy.

These two events raise several questions: should religious activities be tolerated in public spaces? And if yes, under what conditions? And among the religious traditions which organize religious activities in the public space, is Islam the subject of differential treatment?

In a column dated June 12, Richard Martineau declared: “Imagine people with crosses who decide, themselves, in the middle of downtown Montreal, they arrive and then they pray with crosses and then Jesus and then all that. We would be right to say: “those are cracked”. People would say: “The Christian extreme right, the Catholic extreme right, that doesn’t make sense.” »

I therefore invite the columnist to participate on July 13 in The March for Jesus, which corresponds precisely to what he describes. During the 2023 edition, several hundred Christians — mainly evangelical Protestants — marched in downtown Montreal (on René-Lévesque and Sainte-Catherine), distributing leaflets which invited passers-by to “give their lives to Jesus ”, while loudspeakers played Christian pop music. Strangely, no one was moved.

Likewise, the presence of members of the International Association for Krishna Consciousness, better known as the “ hare krishna » in reference to the mantra that the faithful chant to music, near certain Montreal metro stations or even the proselytizing operations of evangelical preachers in public transport do not really arouse a reaction.

The controversy surrounding prayer in the Parc des Hirondelles, just like the March for Jesus or the numerous processions organized by religious groups near their places of worship, brings to the forefront the question of whether the collective expression of religion must be authorized in public spaces. When a columnist like Richard Martineau, in the same column as the one cited above, declares: “Whether you pray in a mosque, whether you pray at home, I don’t give a damn. But praying in the street is a manifestation of strength, it is a symbol,” he positions himself in favor of limiting religion to the domestic or religious space.

This position, which is quite common, is based on the idea that the neutrality of the State necessarily involves the evacuation of all religious manifestations from public spaces. Such an idea is made possible by the ambiguity of the expression “public space”, both “public sphere” (domain of politics and democratic discussion) and geographical space of circulation open to all (the streets, squares, parks, etc.).

If secularism indeed implies neutrality of the public sphere towards different religious traditions, the same is not true of the public space within which different visions of the world (notably religious) can express themselves freely, in the limits of what is permitted by law. It would also be unwelcome in a free and democratic society for the State to come to regulate the expression of the beliefs of these citizens.

However, should we accept all forms of collective religious expression on the basis of respect for freedom of conscience and religion set out in the charters? It appears that no, and we tend to forget that the first article of the Charter of human rights and freedoms recalls that these are not absolute and can be restricted “within limits which are reasonable and which the justification can be demonstrated within the framework of a free and democratic society.”

Let us add that, on a practical level, the City of Montreal has a Regulation concerning peace and order in the public domain which makes it possible to regulate the holding of activities, whatever their nature. For example, article 10 stipulates that “the initiator or organizer of any parade, parade, procession, marathon, cycling tour, must submit to the director of the Traffic and Transport Department a request for authorization for this purpose , at least 30 days before the scheduled date of the event. On this basis, it is possible to objectively assess the consequences, and potential nuisances, of holding activities in public spaces.

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