Quebec bill would extend religious symbols ban to school support workers, force students to uncover faces

The Quebec government has put forward legislation that would extend the province's ban on the wearing of religious symbols to support staff in schools, and prohibit students from having their faces covered.

Under Bill 94, the ban would apply to all staff and volunteers in public schools and school service centres, and not just teachers and principals, as is the case under the exisiting secularism law.

That means lunch and after-school care monitors, secretaries and volunteer librarians will all be subject to the ban on wearing religious symbols, such as a kippa or hijab. A historical clause for staff already in their position is included in the bill.

Education Minister Bernard Drainville said the legislation is an attempt to strengthen secularism in schools after reports of problems involving religion. He told reporters that schools in Quebec must respect the "values of Quebec." 

"In Quebec, we made the decision that state and the religion are separate. And today we say the public schools are separate from religion," said Drainville, a staunch advocate for secularism who drafted the bill.

Ban on face veil for students

The legislation would prohibit Muslim girls from wearing a full face veil. The bill's explanatory notes say students will be obliged to "have their face uncovered when they are on the premises placed at the disposal of a school, a vocational training centre or adult education centre or a private educational institution."

The same rule on face coverings would apply to parents picking up their children from school.

It wasn't immediately clear how many students would be affected by the face-covering rule. Drainville said he didn't know but that it was the "principle, not just the number."

A recent report found problems maintaining a secular environment at 17 schools. The report cited one instance where a student was wearing a full face veil.

The legislation also includes a provision that would require teachers to be subjected to an annual review, and aims employees at French-language schools speak only in French with students and staff. 

WATCH | How this secularism debate started:

Why is the suspension of teachers at a Montreal school turning into a secularism debate?

5 months ago

Duration 1:34

Some provincial politicians are accused of pouncing on religion for political gain after a controversy at a Montreal elementary school was made public. In just a matter of days, the focus has shifted to secularism after 11 teachers were suspended for allegedly creating a toxic environment for students and staff.

Bill condemned by Muslim groups, unions

The proposed law was swiftly denounced by Muslim groups and unions representing school support staff.

Shaheen Ashraf, a board member of the Canadian Council of Muslim Women who wears a headscarf herself, said it's a woman's right "to wear what she wants to wear." She said the legislation will alienate Muslim women who want to contribute to society. 

"The message that is sent is, 'don't participate in my society, stay home, don't pay my taxes, don't be a good citizen, just isolate yourself,'" she said.

Advocates and researchers say the existing secularism law, known as Bill 21, led to increased social tension, less social integration and serious psychological distress and depression for minorities.

The Confédération des syndicats nationaux (CSN), a Quebec-based union federation, said the new rules amount to an attack on the "fundamental rights of workers."

Union president Caroline Senneville said the bill "reinforces discriminatory dress codes for school staff."

Violation of Constitution, lawyer says

The government is invoking the notwithstanding clause of the Canadian Charter of Rights and Freedoms to shield the bill from constitutional challenges, as it did with Bill 21. (That law is facing a challenge at the Supreme Court.)

Pearl Eliadis, an associate professor at McGill University's Faculty of Law, said invoking the notwithstanding clause demonstrates that "they know full well" that the new rules would be a "violation" of the Canadian Constitution.

Eliadis suggested the bill was an attempt by the ruling Coalition Avenir Québec to "shore up its support" against the surging Parti Québécois, which has focused on identity and language issues.

"This is a government that's trying to out PQ the PQ and I think they're taking desperate measures in complete disregard to Canada's constitutional values," she said.

Bill 94 "potentially infringes" on individual freedoms, specifically for women working in Quebec schools, said Sol Zanetti, education critic for the opposition party Québec Solidaire.

"What guarantees secularism is what's in people's heads, not on their heads," he said. "The CAQ should lead by example and stop sending hundreds of millions of public funds to religious schools every year."