Public hearings concerning the PQ government’s Charter of Values began on Tuesday, January 14. The hearings, which could last several months and consist of more than 200 briefs from various interest groups, have so far produced mixed results. The Charter, also known as Bill 60, would ban religious symbols from public places and prohibit public-sector workers from wearing religiously mandated clothing or accessories while on the job.
As I have written in previous articles, the PQ has made it clear that they intend to support the Charter of Values as much as they can. Such support has only intensified in spite of the vocal opposition has sprung up since the public hearings began.
Jacques Fremont, president of Quebec’s human rights commission, has said that Bill 60 opens the possibility that the individual rights and freedoms of Quebecers will decrease. This, in turn, will lead to more conflict and litigation for the province. Additionally, according to the commission, many of the bans proposed by the Charter of Values are unlikely to hold up under legal challenge, which would lead to increased confusion and turbulence across the province.
The legal ramifications that would result from the implementation of the Bill need to be considered by the Bill’s supporters, who amount to 48 percent of the entire provincial population according to a recent poll.
The commission also stated that many of the proposed legislation that accompany the Charter of Values would significantly alter previous legislation put in place by the existing Quebec Charter of Rights and Freedoms. The commission claims that this existing Charter would be weakened if Bill 60 were to pass.
As quoted by the Huffingtong Post, Fremont stated that “it is our clear reading that the [rights] charter is sufficient to deal with all the issues that are raised actually” in the cases that have come under the human rights commission’s review over the years, adding that the tools brought about by the Quebec Charter of Rights and Freedoms are enough. The existing Charter, he said, is the best tool as it has already been repeatedly tested by rigorous court challenges over the years.
So if it ain’t broke, why fix it? Right?
However, despite its prediction that the Bill will create legal challenges for Quebec and displace valuable existing legislation, the commission asserts that its main goal is merely to evaluate the proposed legislative changes that would accompany the passing of Bill 60, not to comment on their advisability. Ultimately, the decision to implement the Charter of Values is in no one’s hands but the National Assembly’s.
“We’re not there to tell them what to do. It’s clearly for the Quebec national assembly to make up its own mind,” Fremont was quoted to say by the Huffington Post.
The commission’s stance is disconcerting as the PQ has affirmed that it will not back down and will make the Charter of Values an election issue if necessary.
Nevertheless, though the National Assembly has the major say in whether or not the Charter goes through, it is important to look at the bigger picture.
In past articles, I have discussed the Charter’s discriminatory elements and its surefire potential to trigger a major out-migration of Quebecers. It is also obvious, however, that there’s a spectrum of opinions that are different from mine on whether the Charter is right or wrong. But when looked at through the lens of the legal system, which is more black and white and less rooted in personal values, there is at least one downside to the Charter. As mentioned by the human rights commission, the legal fights and legislation changes that will be ignited by the passage of the Charter are a lot for the legal system to bear, and would create more confusion in an already turbulent Quebec.
We all want a better Quebec for all Quebecers. A Bill that promises turmoil and confusion rather clarity does not translate into a better Quebec.
Sources:
http://www.huffingtonpost.ca/2014/01/17/quebec-values-charter-human-righ…
http://www.huffingtonpost.ca/2014/01/14/quebec-values-charter-bernard-dr…
http://www.ctvnews.ca/politics/quebec-needs-to-pass-values-charter-minis…
Photos retrieved from:
http://www.huffingtonpost.ca/2014/01/17/quebec-values-charter-human-righ…
http://www.cbc.ca/news/quebec-s-values-charter-forcing-rethink-of-cathol…