Law 21 is constitutional, says the Court of Appeal. Bad federal judges, imagine! For François Legault, it is a “great victory” for Quebec, because “secularism is a principle that unites us as a nation”. This is undoubtedly true for apple pie, Céline Dion, Denis Villeneuve and the Canadian (when he goes far in the playoffs).
When we look more closely, we quickly see that Law 21 “unites” mainly the PQ and CAQ voters, and less the young than the old. About a third of Quebecers are against. The law may be popular, but it remains damn divisive. We are more in the Canadian-Nordic rivalry than in the consensus.
Without repeating the entire debate, let us nevertheless note that the contagiousness of the hijab has never been proven. And that in the face of this existential threat, state representatives displaying a religious symbol have inherited an acquired right as long as they do not change positions. Teachers will still wear a hijab in 20 years. We have already seen greater urgency.
But let’s accept that Bill 21 was voted on democratically. Let us also accept that Bill 21 passes the test of the Canadian Charter of Rights and Freedoms. Of course, it’s easier when we avoid the application of certain articles, but let’s accept it anyway. And also that Quebec can escape from a constitution that it never signed. Because, whatever we said and whatever we did, we had changed the rules in the middle of the game without the agreement of all the players.
Let us finally accept that we can look the rest of Canada straight in the eye without blinking and invoke the override provision in perpetuity, for all the laws that Quebec wants to pass. You just had to arrange for us to sign in 1982. Until then, it is “your” charter. Not ours.
Once we have accepted all that, there is still one damn big bone left: the Quebec Charter of Rights and Freedoms is very similar to its Canadian counterpart. Its scope is even broader, since it applies to private relationships and not only to those with the State.
Here is what René Lévesque said about it shortly before leaving politics: “The Quebec people gave themselves a charter of human rights and freedoms in 1975 which remains, to this day, one of the most comprehensive in the world . However, such a charter is the instrument par excellence for the affirmation of the values of a people. She expresses both her most fundamental convictions and the not always easy choices and trade-offs that must be made in any society. It guarantees each person the minimum conditions for exercising their freedoms. »
His fundamental beliefs. The minimum conditions for the exercise of freedoms. It was a solemn, political and democratic commitment to Quebecers, namely that fundamental rights are inviolable even when their exercise bothers us. And that the government of Quebec will guarantee it.
Lévesque and Bourassa, at the ends of our political spectrum, agreed on this. Parizeau, Bouchard, Landry, Charest and Couillard too. In the words of François Legault, respect for fundamental rights was “a principle that unites us as a nation”. Until he got rid of it.
For nearly 50 years, our charter had only been modified unanimously by the parties represented in the National Assembly. Always to strengthen it. Never to take away rights. By preemptively destroying our charter — and under a gag order — during the adoption of Bill 21, the CAQ betrayed a promise made to each and every one of us. The message was: your rights and freedoms are now subordinated to political goals. In other words, they are optional and subject to the moods of the majority, especially if it pays off electorally.
The fact that a majority agrees is a very thin argument. The existence of fundamental rights has been recognized for more than 200 years precisely to prevent the rights of minorities from depending on the majority. Quebecers should know this, we who have a distinct language, culture, civil laws and, for a long time, religion. How can we limit the rights of our minorities when we have never accepted that ours be limited?
It’s too easy to only protect the rights that suit us. The least we can do is let the Quebec Charter of Rights and Freedoms apply in all circumstances and be proud to take the risk that this tool for affirming our common values has the last word. Because it is our charter.