the knee-jerk response is symptomatic of the flawed premise behind quebec’s secularism law: that a religious symbol constitutes promoting a belief system or even proselytizing. it also reflects paternalistic presumptions that muslim women are forced to wear the hijab, rather than exercising a choice, making it incompatible with equality. yet telling a woman what not to wear and judging her on appearances is also at odds with feminism.
the last time i looked, bill 21 enshrines the secularism of the state, not of its people. and there is a world of difference. individuals still have the right to freedom of thought, belief, association, conviction and expression. and those rights are protected.
the secularism law does not restrict ordinary citizens from wearing the hijab, kippah, crucifix or turban while visiting city hall or taking out a library book. it only prevents civil servants in positions of authority, including police officers, clerks, prosecutors and teachers, from exhibiting religious insignia on the job.
that, in and of itself, may be discriminatory. a
quebec superior court ruling found that bill 21 violates fundamental rights, in particular those of muslim women, but said the law is shielded by the pre-emptive use of the notwithstanding clause. the quebec court of appeal declined to weigh in on the substance of the secularism law, viewing it as a moot point in light of the constitutional override.