Law 21 on secularism and the future of Quebec
The legal challenge against the Secularism Act adopted by the National Assembly of Quebec on June 16, 2019 promises to be a strong moment in the Canada-Quebec relations. Under the appearance of a simple presumed infringement of the rights of fervent Islamist believers, a struggle is played out between two conceptions of secularism, that of an English-speaking "culture of society" and that of a French-speaking "culture of society", to use the article expression of the Canadian-English philosopher Will Kymlicka ( The Canadian Way. Rethinking Multiculturalism, Boréal, 2003).
The importance of this affair stems from the fact that a work is being done there to undermine the recognition of Quebec as a distinct society. It would not be surprising if this case reached the Supreme Court and the essence of 1982 Canada was called into question.
A first imbroglio that this affair will reveal is that the secularism "à la québécoise" reflected in Bill 21 will run up against multiculturalism "à la canadienne". The latter was imposed in the Canadian Constitution of 1982 to recognize the contribution of immigration to Canada. The Quebec secularism is rather a victory in the snatch of a society that is rooted out of pain and misery of the influence of the clergy on its main institutions from the late nineteenth th century. This explains why, in the Quebec schools of the future, we want to avoid proselytism. The person who teaches is not asked to deny his beliefs, but to temper their ardor in his classroom.
Whether we call that living together, well understood, respect for others or a duty of reserve, it is in the quality of democratic life to avoid hurting others as much as possible.
A second imbroglio to overcome is the scarecrow character that Law 21 has taken on. This Law on secularism is by no means an extreme measure. All in all, it will be of limited application. It only targets a few individuals, when at work in a position of coercive authority, who would have liked to display their religious convictions. In the street, these same people will be able to continue to wear which a turban, which a kippah, which some ostentatious religious sign that it is.
Quebec leeway
The third imbroglio in this law stems from the fact that at each stage of the judicial process, Quebec's leeway in the Canadian federation will arise with new acuteness. Can Quebec behave differently from the rest of Canada on certain issues that affect its identity? Is constitutional reform possible to take this into account? Has English Canada closed all doors? We believed so if we stick to the last act, the Calgary Declaration in 1997. As in 1982, the nation based in Quebec falls into the interstices of these texts of refoundation, as the sociologist Simon Langlois has dissected ( Refondations in Canada and Quebec, Septentrion, 2018) .
A fourth imbroglio suggests that this law 21 applies only to one category of citizens and targets only one religion. However, this law is general and applies to any religion, even Catholic.
However, it risks fueling Islamophobia for two reasons: the protagonists, at least for now, are Muslims. And what does not help, according to a specialist in the Islamic religion, the academic Malek Chebel: “[There is] a tough dogma and as old as Islam itself: the non-distinction between the temporal and the religion, and hence the will of theologies to want to get involved in politics. »( Islam in 100 questions, Tallandier, 2019). Who risks being accused of intolerance in such a context?
Faced with this upcoming uproar, we must hope for a start among Quebec nationalists, paralyzed since the bitter defeat in the referendum of 1995. They must straighten their spines, demonstrate that it is an inclusive and egalitarian law and that it is effective. registered in the fields of jurisdiction conferred on Quebec by the Constitution. Law 21 protects against religious fundamentalism
and ultimately serves democracy and social harmony.
A first imbroglio that this affair will reveal is that the secularism "à la québécoise" reflected in Bill 21 will run up against multiculturalism "à la canadienne". The latter was imposed in the Canadian Constitution of 1982 to recognize the contribution of immigration to Canada. The Quebec secularism is rather a victory in the snatch of a society that is rooted out of pain and misery of the influence of the clergy on its main institutions from the late nineteenth th century. This explains why, in the Quebec schools of the future, we want to avoid proselytism. The person who teaches is not asked to deny his beliefs, but to temper their ardor in his classroom.
Whether we call that living together, well understood, respect for others or a duty of reserve, it is in the quality of democratic life to avoid hurting others as much as possible.
A second imbroglio to overcome is the scarecrow character that Law 21 has taken on. This Law on secularism is by no means an extreme measure. All in all, it will be of limited application. It only targets a few individuals, when at work in a position of coercive authority, who would have liked to display their religious convictions. In the street, these same people will be able to continue to wear which a turban, which a kippah, which some ostentatious religious sign that it is.
Quebec leeway
The third imbroglio in this law stems from the fact that at each stage of the judicial process, Quebec's leeway in the Canadian federation will arise with new acuteness. Can Quebec behave differently from the rest of Canada on certain issues that affect its identity? Is constitutional reform possible to take this into account? Has English Canada closed all doors? We believed so if we stick to the last act, the Calgary Declaration in 1997. As in 1982, the nation based in Quebec falls into the interstices of these texts of refoundation, as the sociologist Simon Langlois has dissected ( Refondations in Canada and Quebec, Septentrion, 2018) .
A fourth imbroglio suggests that this law 21 applies only to one category of citizens and targets only one religion. However, this law is general and applies to any religion, even Catholic.
However, it risks fueling Islamophobia for two reasons: the protagonists, at least for now, are Muslims. And what does not help, according to a specialist in the Islamic religion, the academic Malek Chebel: “[There is] a tough dogma and as old as Islam itself: the non-distinction between the temporal and the religion, and hence the will of theologies to want to get involved in politics. »( Islam in 100 questions, Tallandier, 2019). Who risks being accused of intolerance in such a context?
Faced with this upcoming uproar, we must hope for a start among Quebec nationalists, paralyzed since the bitter defeat in the referendum of 1995. They must straighten their spines, demonstrate that it is an inclusive and egalitarian law and that it is effective. registered in the fields of jurisdiction conferred on Quebec by the Constitution. Law 21 protects against religious fundamentalism
and ultimately serves democracy and social harmony.
LaPresse
MAURICE ANGERS
SOCIOLOGIST AND ESSAYIST
https://www.lapresse.ca/debats/opinions/2021-01-05/la-loi-21-sur-la-laicite-et-l-avenir-du-quebec.php
MAURICE ANGERS
SOCIOLOGIST AND ESSAYIST
https://www.lapresse.ca/debats/opinions/2021-01-05/la-loi-21-sur-la-laicite-et-l-avenir-du-quebec.php