Civil Rights in Public Education www.CRIPEweb.org
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Civil Rights in Public Education www.CRIPEweb.org |
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Quebec Human Rights Commission All underlining has been added by this newsletter’s editor. “The 1975 adoption of the Quebec Charter of Human Rights and Freedoms followed, in 1982, by that of the Canadian Charter of Rights and Freedoms, provided a new basis for the demands of the supporters of non-denominational schools: both Charters gave freedom of conscience and of religion the status of fundamental, universal social values, together with the equality of all before the law. Quebec’s human rights commission took action on several occasions (1979, 1983, 1988, 1994, 1995, 1997), in particular during parliamentary debates on new education legislation, to make the government aware of the possible threats to freedom of conscience, freedom of religion, or equality contained in certain legislative provisions dealing with denominational schools.” 1 In glaring contrast The Ontario Human Rights Commission is controlled by the Ontario government which favours – for whatever reason – exclusive public funding of the Roman Catholic separate schools system. See our Winter 2008 newsletter Estates General on Education
Religion and language issues were discussed during the 1995-96 Estates General on Education. “Its majority decision was to ‘continue moving toward a non-confessional education system’ on the basis that it constituted a ‘social choice’ that could no longer be postponed. Two fundamental principles were its guide: equality before the law and non-discrimination. Doing otherwise would mean, ‘to an extent, subjecting the values of some citizens to the majority choice of others.’” 1 The Commission that directed the work of the Estates General made the four following recommendations: * Transform confessional school boards into linguistic school boards. * Undertake action to have section 93 of the Canadian Constitution repealed with a view to abolishing existing confessional structures and mechanisms. * Encourage groups currently holding confessional guarantees to introduce mechanisms that will enable all Christian education to be dispensed in places more appropriate than the schools. * Reinforce values and civic education as well as knowledge of the religious phenomenon from a cultural viewpoint, and provide civic support services.1 http://www.mels.gouv.qc.ca/REFORME/religion/html-ang/ang/index.htm “These recommendations, especially the last two, led to a heated controversy and debate about the presumed support they enjoyed among the general public. In fact, the Commission, observing the distinct lack of consensus and the basic opposition between the two main positions, had simply decided to take a stance. The supporters of denominational schooling stated that public opinion, on the contrary, leaned heavily toward the continuation of denominational schools.” (Only 22% were in favour of secularization. This statistic had a major impact and was widely used to illustrate the anti-democratic nature of the Estates General recommendations.) Note how this contrasts with Ontario. Quebec politicians were adamant that all citizens be treated equally, no matter public opinion to the contrary. Ontario citizens overwhelmingly wish for equal treatment while the politicians enforce religious discrimination.“The Government decided to implement the first two recommendations…” “On March 26, 1997, the then Education Minister Pauline Marois presented a ministerial statement in the National Assembly on how to deal with the range of religious expectations found in schools, at the same time as a motion to revoke section 93 of the Constitution Act, 1867 was being debated by the same Assembly.” “The Minister's statement essentially set out the guidelines and measures that the Government would propose in order to meet the various demands of the population in connection with moral and religious instruction in the public school system. There were three main guidelines. “First, all expectations and demands were to be addressed from the point of view of creating an open, pluralistic society. According to the Minister, this created an obligation to respect individual students' free choice or free refusal of the religious phenomenon and, consequently, an obligation to ensure freedom of conscience for each individual, even a single individual differing from the majority. This did not mean, however, that schools had to altogether dismiss the religious phenomenon. Schools were to remain open and able to recognize, regardless of specific convictions and from a critical point of view, the contribution made by the different religions in terms of culture, values and humanism. “Second, all expectations and demands were to be addressed by implementing change progressively. The approach proposed by the then Minister was pragmatic. She emphasized that many problems that seem insurmountable in principle become surmountable as soon as we look at the facts with realism and good will. “Third, all expectations and demands were to be addressed in keeping with Quebec's history and culture. All humanist and religious options were to receive equal consideration, but nevertheless, the Minister stated that Christian tradition, both Catholic and Protestant, has had and will continue to have a strong influence on Quebec's architecture, place names, culture and society. In the Minister's view, it was possible to recognize this historical and cultural fact without resorting to exclusion or discrimination, while remaining aware of the contribution made by new cultures and other religious groups. She stated that the objective would be to facilitate the adaptation of all students to the symbolic references for Quebec and North America. “Finally, the Minister asked whether it would not be relevant for all students to receive instruction on religion as a phenomenon, courses on world religions integrating all the major traditions, and courses on the history of religions. To answer these questions, she announced her intention to set up a task force to study all issues relating to the place of religion in schools and to submit its report to the National Assembly's Standing Committee on Education, which could then extend the debate to include all groups with an interest in the issues.” 2 2 http://www.mels.gouv.qc.ca/REFORME/religion/html-ang/ang/text/intro-1.htm Page 2 of 5
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