The group said the ban breached provisions in the Quebec Charter of Human Rights and Freedoms
The Canadian Civil Liberties Association has slammed the Quebec government’s plan to introduce legislation banning prayer in public spaces.
Secularism minister Jean-François Roberge announced the plan in a statement on August 29. He indicated that the government would be introducing the bill in the fall, according to CBC News.
In a statement, the CCLA described the move as “a clear infringement on freedom of religion, freedom of expression, freedom of peaceful assembly and freedom of association” – freedoms granted under the Quebec Charter of Human Rights and Freedoms and the Canadian Charter of Rights and Freedoms.
In particular, the law would affect religious minorities, a significant percentage of which are racialized or newcomers, the group said. Legislation restricting religious practices suggested that certain communities were “second-class citizens.”
“Suppressing peaceful religious expression, individually or communally, under the guise of secularism not only marginalizes faith-based communities but also undermines principles of inclusion, dignity and equality,” said Harini Sivalingam, the CCLA’s equality program director, in a statement.
The CCLA highlighted the government’s citation of the notwithstanding clause (s 33 in the Charter) to hide the law from court review.
“We are deeply concerned by the increasing trend by some governments to misuse the notwithstanding clause to violate fundamental rights and freedoms,” said Howard Sapers, CCLA’s executive director.
The association challenged the Quebec government to defend the legislation in court if it believed the law to be justified.
“The freedom to express one’s thoughts, opinions and beliefs in public, including through prayer, is a cornerstone of any democratic society. Although fundamental freedoms are not absolute, Quebecers from all walks of life should be wary of irrational and overly broad restrictions to these basic democratic freedoms,” said Anaïs Bussieres McNicoll, CCLA’s fundamental freedoms program director.
Per CBC News, the Coalition Avenir Québec government’s move is in line with its efforts to emphasize secularism in the province. While an advisory committee suggested that the secularism law should be expanded, it did not recommend the ban on public prayer.
