Quebec Superior Court rules (mostly) in favour of Bill 21

The article below appeared in the May 2021 edition of the Centre for Inquiry Canada's monthly newsletter, Critical Links.

On April 20, 2021, the Quebec Superior Court released its ruling on the constitutionality of Bill 21, Quebec's "secularism" law, which (among other things) bans the wearing of religious symbols (such as hijabs, yarmulkes, and turbans) for many government employees including lawyers, judges, teachers, and police officers. 

The ruling largely upholds the provisions of Bill 21, with two notable exceptions: The bill would be "inoperative" for English school boards in the province, and restrictions would not apply to sitting Members of the National Assembly. 

In his 240-page decision, Justice Marc-Andre Blanchard found "the evidence undoubtedly shows that the effects of Law 21 will be felt negatively above all by Muslim women". Those targeted by the law are "faced with the following dilemma: either they act according to their [...] beliefs, or they work in the profession of their choice. It is easy to understand that this is a cruel consequence which dehumanizes those targeted." The law imposes significant costs (in terms of rights and freedoms) with a questionable justification: "the denial by Bill 21 of the rights guaranteed by the Charter has severe consequences for the persons concerned. [...] On the other hand, the beneficial effects appear at least tenuous." The judge had harsh words for the National Assembly: "The use by the legislature of the notwithstanding clauses appears excessive, because it is too broad, although legally unassailable in the current state of the law." The government displayed an "indifference toward the rights and liberties of those affected," he wrote.

When applied, the notwithstanding clause exempts legislative compliance with Charter sections 2 ("fundamental freedoms" including freedom of religion and expression) and 7-15 (which enumerate legal and equality rights). However, the notwithstanding clause provides no protection to challenges under section 23 (minority language educational rights). 

Most reactions to the judgment were negative. Supporters of Bill 21 were disappointed that the ruling carved out exceptions, while opponents were upset that the bill will continue to apply in most of the province. Quebec Justice Minister Simon Jolin-Barrette seemed to capture the common sentiment: "Quebec’s laws have to apply to everyone on Quebec’s territory." Or as Premier François Legault put it, "I don’t understand why the judge said anglophones in English school boards can have different values than the other Quebecers." On the other hand, the English Montreal School Board said it was "elated" by the decision. 

Quebec has announced its intention to appeal. The case will almost certainly be heard eventually by the Supreme Court of Canada. In the meantime, however, Bill 21 remains in effect for most of the province's teachers, police officers, and other government employees in a position of authority. 

Notes: 

• "Secularism" has several definitions, and confusion can result if people do not have a common understanding of how it is being used. CFI Canada supports political secularism, defined as government neutrality in matters of religion; that is, the state should neither support nor suppress religious expression. 
• The author is a native English speaker. The ruling is written in French, and an English translation was not available at the time of publication. Quotations from the ruling are sourced from the English-language media articles linked to above.

Centre for Inquiry Canada publishes the first two reports in its Cost of Religion series

The article below appeared in the May 2021 edition of the Centre for Inquiry Canada's monthly newsletter, Critical Links.

Did you know that Canadians subsidize religious organizations to the tune of billions of dollars every year? The Centre for Inquiry Canada, in its Cost of Religion in Canada series of reports, quantifies the cost of one type of religious institution: charities with the primary purpose of "advancement of religion".

Using information submitted by the charities themselves for their 2018 fiscal year (the most recent full dataset available at the time of writing), CFIC analyzes the favourable treatment religious charities receive with respect to tax credits, various exemptions, and direct subsidies. The first two reports in the Cost of Religion series have now been published. 

The Introductory report defines the scope of the series, describes the benefits of being a registered charity, and provides examples of religious charities from across Canada. 

Some highlights from the Introductory report:

• Religious charities are free to discriminate based on religious faith in their government-funded charitable efforts.
• Over 32,000 registered charities in Canada exist primarily to advance religion. 
• Religious charities in Canada have used their favourable tax treatment to amass over $38,000,000,000 in wealth.

The second report examines the cost of religious charities issuing tax receipts for donations. When Canadians make donations to charities, they receive receipts that can be used for an income tax credit. CFIC looks at donations to organizations that exist primarily (or solely) to advance religion and amongst its findings:

• Religious charities received donations worth nearly $7.5 billion in 2018.
• Applying a conservative set of assumptions, this translated to over $3.2 billion in tax credits.
• There are alternatives to maintaining "advancement of religion" as a valid charitable purpose. 

CFIC will continue to publish additional reports in the coming weeks and months, including a summary of direct government subsidies to religious charities and the tax breaks religious charities enjoy. Bookmark this CFIC page to see the entire series as it's published.