The leading separatist party in the Canadian province of Quebec wants to everyone in the employ of the State from wearing or exposing ‘overt religious symbols’.
In addition, the Parti Québécois (PQ) wants to introduce a secular charter aimed at removing religious symbols are removed from public institutions.
PQ leader Pauline Marois said freedom of religion would be integrated in the charter.
“Before having it contested, we will present it, debate it and adopt it. If it has to be contested, for now it’s a hypothetical question. We will fight for what we need because we think this is essential for the public’s well-being by taking its values and writing them in a charter,” Marois said.
Under such a charter, civil servants would not be allowed to wear conspicuous religious symbols.
The crucifix at Quebec’s national assembly, however, would remain untouched.
Marois also talked about the fact that many of Quebec’s institutions used to be based on religion.
“It’s part of our heritage, but taking a step to ensure the state’s secularity is not to deny what we are, but that we are at a new moment in our lives and believe the state’s neutrality and the fundamental values, equality between men and women must guide us toward a life together in Quebec,” Marois said.
Some people have argued that the secular charter proposed by the PQ could hit a roadblock because it may go against the Canadian Charter of Rights and Freedoms, which entitles people to freedom of religion and promotes multiculturalism in the country.
Marois said her charter would not infringe on peoples’ fundamental rights and would be put in place during her government’s first mandate.
However Professor Julius Grey, a prominent Quebec constitutional lawyer, says the plan would be shredded in court.
He gave the example of doctors with religious headwear and said that if they one day challenge the PQ proposal, they will win.
“Imagine the absurdity of saying that we have the best surgeon in Quebec, but he can’t operate in Quebec because he’s not permitted to wear his kippah, turban or scarf,” Grey said in an interview.
“I think a doctor would succeed — I think there’s no reason for a doctor not to wear a turban, kippah or scarf.
He said any Quebec public servant who would launch a legal challenge would also be successful.
“I don’t see why a civil servant who works in a department should be deprived of his rights,” he said in an interview from Victoria. “It’s very likely that in the vast majority of cases there would be accommodation ordered by the courts.”