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NUPGE disappointed with ruling on Bill 21 in Quebec

“Quebec is denying qualified workers jobs in essential industries that are currently facing shortages. Bill 21 unfairly persecutes Muslim women who wear the hijab, and those who wear a kippah or turban.” — Bert Blundon, NUPGE Secretary-Treasurer

Ottawa (23 April 2021) — The National Union of Public and General Employees (NUPGE) is disappointed with the recent ruling from the Quebec Superior Court regarding Bill 21. This bill bars certain public sector employees in positions of authority from wearing religious symbols in the workplace. In 2019, NUPGE sent a letter to Quebec premier François Legault criticizing Bill 21 while it was still being debated in the legislature.

Bill 21 unfairly persecutes Muslim women

Under the guise of equality and religious neutrality, Bill 21 strips workers of their dignity and choice through state-sanctioned discrimination and coercion, as they are forced to choose between employment and their faith. It includes a grandfather clause that allows those who were already hired as public servants to be exempt from the ban, but it prevents them from switching jobs and accepting transfers or promotions.

“Quebec is denying qualified workers jobs in essential industries that are currently facing shortages," said Bert Blundon, NUPGE Secretary-Treasurer. "Bill 21 unfairly persecutes Muslim women who wear the hijab, and those who wear a kippah or turban.”

“But it also hurts the Quebec economy, students in need of good teachers, the members of the public who need the services provided by hard-working public servants,” said Larry Brown, NUPGE President.

Ruling does not go far enough

The Court said that the bill violates part of the Canadian Charter of Rights and Freedoms insofar as it infringes on minority language educational rights and the democratic right to serve in the provincial legislature. As such, while the Court ruled to uphold the majority of the legislation, it exempted only employees working in English-language schools, and those serving as members of the National Assembly.

The Court’s ruling sets a regressive precedent by rolling back the religious freedoms all Canadians should enjoy and threatens to undo decades of hard-won struggles for human rights.

The Quebec government immediately announced their decision to appeal the ruling. This means the ruling is effectively frozen until the case is heard again in a higher court. CBC News reports this could take at least a year. In the interim, this means no new hiring can take place unless workers comply with the ban.

Bill 21 is discriminatory

While Bill 21 applies to all faiths, Muslim communities have been bearing the brunt of its impact since its introduction, and the Court’s decision not to strike it down in its entirety sends a dangerous message in Quebec — a province where anti-Muslim sentiment and hate rhetoric continue to grow. Just 4 years ago, a gunman opened fire on a Quebec City mosque, killing 6 worshippers and injuring many more.

NUPGE is with the workers and job seekers who are being discriminated against due to their faith. Legislation that others Canadians and people living in Canada is wrong and normalizes hatred that escalates to physical and mental harassment and violence. Premier François Legault continues to insist that there is no systematic racism in Quebec, but his government passed legislation that primarily targets racialized people. Bill 21 is discrimination, pure and simple.