Not all religions treated as equals in Quebec schools - Action News
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Not all religions treated as equals in Quebec schools

The Quebec government is being urged to stop using the notwithstanding clause as a means to keep a secular school system.

The Quebec government is being urged to stop using the notwithstanding clause as a means to keep a secular school system.

The Superior Council on Education says the current system must be changed because it favours Christian religious teaching at the expense of others.

"We think that the moment has come to change the system actually, because we think that there is a large consensus among the Quebecers to respect fully the principle of equality of all citizens concerning the schools," says Jean-Pierre Proulx, who heads the council.

What does the notwithstanding clause do?

The notwithstanding clause allows the government to enact legislation to override several sections of the Charter that deal with fundamental freedoms, legal rights and equality rights.

These include freedom of expression, freedom of assembly, and freedom from unreasonable search and seizure, to name a few. But a number of other Charter rights cannot be overridden. These include democratic rights, mobility rights, and the equality of men and women.

Simply put, this override power allows governments to create laws that will operate in spite of (or "notwithstanding") some Charter rights that the laws appear to violate.

This override power is temporary. Any notwithstanding clause declaration expires after five years, but can be re-enacted indefinitely.

Quebec has been moving away from a religious school system for decades, and at every stage, a privileged position has been reserved for the province's Protestants and Catholics.

For example, parents can choose to have their children receive religious instruction at a public school, but only Christian instruction is available.

Because of that privilege, provincial governments have needed to invoke the notwithstanding clause to pass new laws on education in Quebec.

Proulx's recommendations still include religious instruction, but specify that it should be non-denominational.

The council wants the government to design a system of ethical instruction to make sure the education system's ability to socialize students is protected.

The council makes recommendations to the government, but has no power beyond that. Proulx says he expects the provincial Liberals to react to the recommendations within a few weeks.

Background

In 2000, the provincial government wiped out religion-based school boards and replaced them with linguistic boards.

At the same time, it invoked the notwithstanding clause to permit existing schools that receive public funds to retain some of their religious character.

Under the Charter of Rights and Freedoms, the clause must be renewed every five years.

In June, the term of the notwithstanding clause will expire. Premier Jean Charest will have to decide what place Catholic and Protestant religions have in the classroom.

Gradual integration

The transformation from a religion-based system to a linguistic system has been a gradual one in Quebec.

Since the mid-1990s, students from different ethnic communities have become part of the French school system.

In 1997, a constitutional amendment officially abolished the Catholic and Protestant school systems and created English and French public school boards.