The Quebec government wants to ban conspicuous religious symbols among primary school pupils. Muslim and Christian representatives, school principals and English-language school boards are challenging the measure, which they consider contrary to freedom of conscience and the inclusion of all children in public education.
Education Minister Joël Arseneau confirmed on 28 October that Paul St-Pierre Plamondon’s government was determined to fulfil this election pledge. Speaking on the sidelines of a cabinet meeting, he described the policy as “non-negotiable”, according to remarks reported by the Journal de Québec. During the election campaign, the Parti Québécois had promised to prohibit conspicuous religious symbols among primary schoolchildren in the name of secularism.
The proposal would mark a further step in Quebec’s restrictions. Existing school rules already require various categories of adults to observe neutrality in their dress. They nevertheless distinguish this obligation from the status of pupils: in its explanation of the provisions currently in force, the Centre de services scolaire des Portages-de-l’Outaouais specifies that the ban on religious symbols does not apply to children. They must, however, keep their faces uncovered.
The plan has raised objections even among those responsible for the day-to-day running of schools. Kathleen Legault, president of the Montreal association of school principals, believes that wearing religious symbols does not currently constitute a serious problem warranting a restriction of rights. Francis Côté, president of the Quebec federation of school principals, fears a deterioration in relations between schools and families. Principals are particularly concerned that some children could leave the school system concerned.
On 30 October, the Quebec English School Boards Association, which represents around 100,000 pupils, called on the minister to abandon the policy. In its statement on welcoming children into schools, its president, Joe Ortona, set out a different understanding of neutrality: “A secular school is not a school where children must erase part of themselves.” The association is calling for consultation with parents, teachers and school boards.
Opposition also crosses religious boundaries. The National Council of Quebec Muslims has condemned a measure that would affect, among other things, the hijab, kippah, turban and visibly worn crosses. Its leader, Stephen Brown, argues that children’s rights cannot become a political bargaining chip. He says he is prepared to launch a legal challenge if the ban becomes law.
The Anglican Diocese of Montreal highlighted the mobilisation of representatives from several faiths, emphasising the implications for religious freedom and access to education. The opposition therefore concerns the place of minorities in public schools, beyond the defence of any particular symbol.
Jean-Christophe Jasmin, Quebec director of the Christian think tank Cardus, also challenges the proposed extension. In an interview reported by The Canadian Press, he distinguishes pupils from public employees: children belong to civil society and do not represent the state. In his view, the neutrality argument put forward for people exercising authority cannot therefore be applied to them in the same way.
Human rights organisations and the Quebec Women’s Federation have also called for the plan to be dropped. Their campaign focuses particularly on the risk of exclusion and stigmatisation of children, especially Muslim girls wearing the hijab.
There is already an important judicial precedent on this issue. In 2006, in the Multani case, the Supreme Court of Canada ruled in favour of a Sikh pupil who had been prohibited by a Montreal school board from wearing a kirpan, a small ceremonial dagger. The Ontario Human Rights Commission recalls that the ruling protected his religious freedom, in a case where safety conditions had been considered. That judgment concerned a specific situation and does not determine the outcome of any future legislation.
Following the restrictions on public prayer previously covered by Religactu, the debate is therefore shifting towards pupils themselves. The ban remains a government intention: its wording and timetable have yet to be clarified. As a minority government, it will also need to secure parliamentary support, while Québec solidaire has announced that it will vote against it.