Civil Rights in Public Education www.CRIPEweb.org

   Thus the “Task Force on the Place of Religion in Schools in Quebec” was formed, its report due in the fall of 1998.  It was commonly called the “Proulx Report”, which reflects the name of its Chair, Jean-Pierre Proulx of the University of Montreal.

Constitutional Amendment

   In the meantime, the “Report of the Special Joint Committee to amend Section 93 of the Constitution  Act, 1867”, concerning the Quebec School System, recommended that both Houses of Parliament adopt the resolution to amend section 93 of the Constitution Act, 1867, in the form tabled in the House of Commons on October 1, 1997, and in the Senate on October 9, 1997. 

    The House of Commons passed the amendment by a vote of 204 to 59 on November 18, 1997.  Section 93 for Quebec now reads: “In and for each Province the Legislature may exclusively make laws in relation to Education subject and according to the following Provisions:-” The four “following provisions” were removed, including subsection 1) which guaranteed the existence of the legally-defined “Denominational Schools” in Montreal and Quebec city which existed “by Law” in 1867. Ontario has “Separate Schools” which existed “by Law” in 1867 so they have no constitutional guarantee.

   The first four of 14 recommendations are as follows:- (Under-lining added for emphasis.)

1.   We recommend that the Government of Quebec and the National Assembly confirm the primacy of the right to equality and freedom of conscience and religion guaranteed in the Quebec Charter of Human Rights and Freedoms and the Canadian Charter of Rights and Freedoms and, consequently, that they repeal or not renew the current notwithstanding clauses in education legislation which override the application of the Charters.

2.   We recommend that legislation be enacted to establish a secular system of public schools dispensing preschool, elementary and secondary education.

3.   We recommend that the current denominational statuses held by public schools be revoked.

4.  We recommend that the Education Act be amended to stipulate that the values and beliefs of religious groups cannot be used as criteria to set up a public school for the purposes of a specific project.

   It is interesting to note the contrast with Ontario in this document, a Briefing Document dated January 2005 by the Quebec Federation of Parent Committees.  The whole document hinges upon paragraphs on the first page, under the title “A few fundamental notions”, which read:  (Underlining added for emphasis.)

   Canada's and Quebec's Charters of Rights and Freedoms proclaim principles that must comply with all legislation. These charters therefore contain the foundations for a just, egalitarian and peace-loving society, including non-discrimination on the basis of religion as well as the obligation to treat people equally regardless of their religion.

   Such principles provide protection for all individuals, whether they belong to minorities or not, and enshrine Canada's and Quebec's recognition that all human beings are equal in value and dignity and are entitled to equal protection under the law. The spirit of the charters is thus directed towards an ideal of justice and peace.

   The charters enshrine freedom of conscience and of religion.

Freedom of religion

The essence of the concept of freedom of religion is the right to entertain such religious beliefs as a person chooses, the right to declare religious beliefs openly and without fear of hindrance or reprisal, and the right to manifest religious belief by worship and practice or by teaching and dissemination. But the concept means more than that. Freedom in a broad sense embraces both the absence of coercion and constraint, and the right to manifest beliefs and practices. Freedom means that, subject to certain necessary limitations, no one is to be forced to act in a way contrary to his beliefs or his conscience.   (Supreme Court of Canada – Big M Drug Mart.)

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