BILL 21: AN EXPERT PANEL DISCUSSION
AT OSGOODE HALL LAW SCHOOL
By Mike Jehu (J.D. Candidate, Osgoode Hall Law School)*
Christian Legal Fellowship’s Osgoode Chapter convened an expert panel discussion on Quebec’s Bill 21 in collaboration with Osgoode’s Jewish Law Students Association (JLSA), Muslim Law Students’ Association (MLSA), and South Asian Law Students’ Association (SALSA). The online event took place on February 9, 2022. Our common purpose was to bring awareness to the threat the legislation poses to public religious expression and equality. Our objective was met.
The panel discussion was attended by approximately 86 participants, ranging from law students, law professors, lawyers, and other interested individuals. The Osgoode administration graciously supported the event, including Dean Mary Condon, who contributed opening remarks and salutations, and Associate Dean (Students) Karen Drake. But the event was truly made a success by the Panelists.
Panelists represented each of our faith groups and had a range of expertise. As a practicing lawyer, CLF’s Executive Director Derek Ross primarily spoke to the legal issues at play. A retired judge and former President of the Canadian Jewish Congress, Frank Schlesinger offered an experienced perspective that was complimented by his practical insights as a Quebec resident. Osgoode Hall Professor Rabiat Akande provided valuable context about variants of secularism and the acute impacts of Bill 21 suffered by Muslim women. Gurpartap Singh Toor, a member of the Board of Directors of the World Sikh Organization of Canada, rounded out the group with practical insights from his grassroots opposition to Bill 21.
We found it important to publicly convey that our identities as law students and religious believers exist in harmony to benefit us and the broader legal community. Thus, we took the intentional step of including Moderators from each of our clubs. A JLSA representative provided introductory and closing remarks, and guided the audience Question and Answer period. The remainder each posed curated questions under one of three topics: Laïcité and how it led to Bill 21, the impacts of the legislation, and legal challenges to the law.
For the first topic, the SALSA representative invited the Panel to describe secularism in general and Laïcité as a specific variant. Professor Akande explained that secularism is a broad concept that takes many shapes in Canada and throughout the world. Schlesinger identified Laïcité as a unique reaction to perceived religious encroachments on French nationalism and culture. One of the tenets is that government institutions should be seen as religiously neutral. As a logical consequence, Bill 21 bans certain public servants and government contractors from displaying religious symbols. Far from neutral, however, Schlesinger concluded the legislation effectively reduces religious Quebeckers to second-class citizens, specifically precluding some religious individuals from achieving their career aspirations.
The MLSA representative posed questions on the support for Bill 21 and its impacts on religious communities. Ross indicated that, despite its anti-religious effects, there remains majority support for the legislation in Quebec and significant minority approval in the remainder of Canada. Ross explained, however, that Bill 21’s conception of Laïcité is inconsistent with the doctrine of religious neutrality developed in Canadian constitutional law; the former, he explained, operates to exclude religion, while the latter is designed to include and accommodate it, in an equal and even-handed manner. Toor described the disparate impacts experienced by individuals who, by choice or compulsion, don religious symbols. He cited the particular marginalization of Sikh individuals who wear Turbans as motivation to advocate and raise awareness at various levels of government on this issue. Similarly, Professor Akande described the intersectional discrimination that Muslim women experience. On this point, the MLSA student representative, also a Muslim woman, suggested that Bill 21 aggravates extant judgements individuals may experience by the mere appearance of their religious adornments. This portion of the discussion landed powerfully as the audience was able to empathize with the pernicious effects of Bill 21.
Finally, the CLF representative moderated the discussion on the legal challenge to Bill 21. Ross recounted the Quebec Superior Court decision that largely upheld Bill 21 due to the invocation the “notwithstanding clause” (s. 33 of the Charter), which allows a law or provision to operate despite violating certain Charter rights, including section 2(a) freedom of religion. Limited exceptions exceeded the scope of the notwithstanding clause. However, Ross identified key paragraphs that displayed Justice Blanchard’s deeply held reservations with aspects of the legislation. Importantly, Justice Blanchard underscored the central role that religion plays in one’s identity and denounced Bill 21’s flagrant discriminatory impact. Despite the tension in this result, Toor affirmed his confidence in the legal system, not least due to the solidarity shown by the legal community in the panel discussion.
During the Question and Answer period, Ross had the opportunity to articulate some of the legal arguments that CLF will submit as an intervenor at the Quebec Court of Appeal. It signaled that there are many live and consequential constitutional issues at stake that could be settled in the near future. In the same vein, Ross exhorted believers in the legal community, especially faith-based law student groups, to persist in leading the public dialogue on Bill 21 and other issues at the intersection of law and religion. As he emphasized to the students: “your religion, your religious identity, is not something you should ever feel like you need to hide. It is not a liability for you as a lawyer, a future lawyer – it is an asset!” This brought an edifying conclusion to the event.
While the event itself was a success, we at CLF Osgoode found greatest satisfaction in the peripheral outcomes in its planning and execution. We established important relationships with other student faith groups with whom we endeavour to collaborate on future projects. This was an important new step that allowed us to demonstrate the fruit of the Spirit (Gal 5:22-23) to our believing colleagues in an intimate environment. Similarly important for us was that we had the opportunity to be witnesses for Christ at our school. Our presence in the academy was made known and Who we stand for was made known. We believe it was all worth it if only to plant a single seed for God’s glory (1 Cor 3:6-7).
*Mike Jehu is a 2L and member of the CLF student executive at Osgoode Hall Law School. He completed a BA and MA in Criminology from the University of Ontario Institute of Technology. A member of the Canadian Armed Forces since 2009, he recently transferred to his current role as an untrained Legal Officer in the Office of the Judge Advocate General. Mike and his wife, Sujin, are devoted parents to their three young children.