As jurists (lawyers and notaries), we deplore the decision announced on May 4, 2023 by the Bar in its newspaper to want to dissociate itself from the annual opening ceremony of the red mass and to make a clean sweep of it, while t has been part of our historical heritage for almost a century.
The decision was taken without the knowledge of the independent organizing committee of the red mass without any consultation of jurists, judges, lawyers and professors of law, on the pretext that it has no place in a secular society. This hasty decision unfortunately shows little consideration for democracy, tradition and the values that founded our Judeo-Christian civilization, and reveals a confusion between true secularism and “secularism” which advocates the exclusion of the religion of all public institutions.
Historically, the Bar of Montreal has succeeded in maintaining this red mass for several decades, with the objective of allowing all lawyers, judges, lawyers, notaries, law professors and all other court auxiliaries (active or retired) to meet united in a common prayer and a unique meditation in an atmosphere of serenity and peace, in this tradition which dates back to the Middle Ages. And yet, the Catholic character of the celebration and of the tradition has never excluded the participation of any member of the Bar and the judiciary of another religious denomination.
Many people from other countries joined in and expressed their interest and support. As Mr.e Jean Lozeau, lawyer in 2018: “It is not necessary to be a believer to participate in the event. All players in the legal world are welcome, regardless of their beliefs. All could find themselves there united in a common prayer, in an atmosphere of serenity and peace and in a community spirit.
This important tradition that dates back to the very early 1300s has managed to persist through the centuries despite wars and revolutions. In Quebec, the first red mass was held in the 1940s. It has been held in Montreal for over 82 years. Many lawyers in our 21st worlde century, in France, in England, in Canada, in Australia, in the United States joined it.
In 1997, some non-Christian lawyers raised the point that we live in a pluralist society, and that Catholics should not have to perform this ceremony on their own in order to discriminate against non-Christians on behalf of the Bar of Montreal. At this time, several voices were raised to refute these reasons, including Mr.e Émile Colas who seized at the time the Hon. Victor Melançon, JCS, the Hon. Bernard Tellier, JCQ and President Guy Pepin, QC
It was clearly explained that the purpose of this ceremony was to place the work of the judicial year under the sign of the one God of Christians, Muslims and Jews, and it is from this date that the organizing committee separated the announcement of the red mass from the Bar.
For a healthy secularism
If we dwell on true secularism and neutrality, it is not the rejection of all that is religious, nor the denial of history, it is rather the respect for the diversity of beliefs of people and the need to unite them to ensure their coexistence, by allowing the spiritual options of each to assert themselves without imposing themselves, and to see to the equality of the rights of all by establishing a common law aimed at the general interest. A healthy secularism is that which guarantees the free exercise of all religions, insofar as their manifestation does not disturb the public order established by law.
Regarding the neutrality of magistrates, it is surprising to think that a judge or magistrate who attends a mass or any religious ceremony loses his judicial neutrality. No law in Canada interferes with an individual’s personal conscience by dictating what to do and what not to do, nor prohibits anyone, including magistrates, from practicing their own religion.
Moreover, the sanction of the Law on the secularism of the State in 2019, promoting respect for the religious neutrality of the State, nowhere mentions that history must be denied. On the contrary, the Act specifies that the planned measures cannot be interpreted as having an effect on the emblematic or toponymic elements of the cultural heritage of Quebec, in particular the religious cultural heritage, which testify to its historical course.
Whether we want to recognize it or not, Christianity has had a strong impact on the face of the West for 2000 years. This religion is part of our history, our roots and our traditions and it is Christian thought that has inspired the spirit of the laws. So where does this desire to change the course of history come from?
One cannot claim that the Mass itself is in decline based on the number of attendees. If religious practice has decreased in certain parishes in Quebec for various reasons (although certain parishes are still crowded with people), we should not give in to the temptation of generalization to make hasty decisions.
On this account, are we going to abolish the Christmas party, because some people no longer practice their religion?
Is the Bar of Montreal going to put an end to the elections of the members of the board of directors because the result of the participation in the vote was only 8.35% in 2023?
And yet, the Bar of Montreal has set up all the facilities for online access so that members can vote without having to travel.
To end on a good note, the Société Saint-Yves de Montréal will take over and ensure the continuity of the Red Mass of Montreal, 2023 edition. It will be celebrated by Mr.gr Christian Lépine and the parish priest of Notre-Dame parish, as planned, on September 7 at the Notre-Dame du Sacré-Coeur chapel in the Notre-Dame basilica. So everyone is welcome.