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The Quebec controversy surrounding reasonable accommodation or the debate surrounding reasonable accommodation refers to many controversies in the early 2000’s related either directly or indirectly to the concept of reasonable accommodation in Canadian law. This controversy, among others, lead to the creation of Quebec's Consultation Commission on Accommodation Practices Related to Cultural Differences, known as the Bouchard-Taylor commission, and to a proposal of Quebec’s Charter of Values.

History

Beginning in the fall of 2006, several controversial cases considered examples of unreasonable accommodation were given wide media coverage. The interpretations of this phenomenon are very diverse and deal with many aspects of society, politics and law such as the issues of secularism in public institutions, gender equality, immigration, Quebec values, pluralism, Catholic traditionalism; even constitutional issues were raised.

Chronology

• Fall 2006: Several controversies related to reasonable accommodation are given broad media coverage.
• January 2007: The municipality of Hérouxville, Mauricie introduces a Code of Conduct for prospective immigrants. The municipal councillor, André Drouin, asks the government to issue a state of emergency and to amend both the Canadian Charter of Rights and the Quebec Charter of Rights.
• February 8, 2007: After a short lull, the Charest government announces the implementation of the Bouchard-Taylor commission. Results of the commission are published on May 22, 2008.

Media Exposure

According to the Bouchard-Taylor report, in the last 22 years, 55% of cases surrounding reasonable accommodation were covered in the media between March 2006 and June 2007. These cases featured religious minorities such as Sikhs, Hasidic Jews and Muslims requesting, and in some instances obtaining, religious accommodation, which led to an identity crisis in the province of Quebec.

The Kirpan Case

The debate began to take shape in March 2006 with the Multani Case. The case involved a young Sikh, Gurbaj Singh Multani, who wished to wear his kirpan in a Quebec public school. The school board was taken to court after it refused to allow him to wear the kirpan, as it was viewed as a weapon and violated the Code of Conduct. The Supreme Court of Canada determined the ban violated Multani’s freedom of religion outlined in the Canadian Charter of Rights and Freedoms and unanimously ruled that Multani could wear his kirpan, “in a wooden sheath and wrapped and sewn securely in a sturdy cloth envelope.”

Cases within the Hasidic Jewish Community

The Hasidic Jewish community in Outremont, Montreal has been at the forefront of determining accommodation for religious beliefs, festivals and holy days.

In 2001, some Hasidic Jews asked the Quebec Superior Court for permission to string an eruv in the Outremont borough. Known as the Rosenberg v. Outremont case, judge Allan R. Hilton determined the religious practice should be accommodated and granted them permission.

In 2004, the Supreme Court of Canada in the [Northcrest v. Anselem] case allowed Hasidic Jews to set up sukkahs on their balconies during the festival of Sukkot. According to the court, the building’s by-laws prohibiting decorations, alterations and construction on balconies violated freedom of religion under the Quebec Charter.

Amidst the debate in 2006, the Hasidic Jews of the Lev Yetev Congregation paid to have tinted windows installed in the Parc Avenue YMCA in Montreal because of concerns that their children were distracted by seeing women exercise in sportswear. Seven months later, members petitioned against the tinted windows which resulted in the YMCA replacing them with clear windows and blinds.

In 2007, in order to accommodate the Hasidic Jewish community, the Outremont council lifted the ban on parking on certain streets during Jewish religious holidays.

Prayer Room

In 2003, 113 students filed a human rights complaint after the École de technologie supérieure, one of Canada’s largest engineering schools, denied Muslim students who must pray five times a day the opportunity to pray with dignity by relegating them to stairwells and hallways. In 2006, the Quebec Human Rights Commission told the school to accommodate a prayer space for Muslim students, although it did not have to be a permanent prayer space. The school had 60 days to remedy the problem, and provided a satisfactory solution.

Paramedics Ejected From Cafeteria

In February 2005, two paramedics were ejected from the Jewish General Hospital in Montreal’s cafeteria for bringing their own food. The hospital cafeteria’s policy only allows for its food, which is made in accordance to Jewish dietary tradition, to be consumed there. Although it is government-funded and non-denominational, it enforces a strict policy when it comes to food, making those who wish to bring their own eat in the lounges. In 2007, the Quebec Human Rights Commission recommended the hospital pay the paramedics $10 000 in moral damages, however an out-of-court settlement was agreed upon, granting each paramedic $7500.

Cases involving Hijabs

On February 24, 2007 a young Muslim girl from Ontario was sent off the soccer field in Laval for wearing a hijab. The Quebec Soccer Association’s handbook in accordance with FIFA regulations, as interpreted by the Muslim referee, prohibits wearing the hijab to prevent accidental strangulation. After refusal to remove the hijab, the young girl was expelled from the game. The young girl’s coach withdrew the team from the tournament, encouraging four other Ontario teams to do the same. A few months later, five young Muslim girls were unable to compete in a taekwando tournament organized by the Quebec Federation of Taekwando unless they removed their hijabs. The Federation stood by their decision, quoting the World Taekwando Federation regulations and safety reasons, although hijabs were allowed in the past.

Herouxville’s Life Standards

In 2007, in an attempt to protect their Quebec identity, the council in Herouxville implemented a Code of Conduct targeted at prospective immigrants. The Code of Conduct included bans on carrying a weapon to school, covering one’s face, stoning and burning women alive, and explained normal practices in Quebec culture. The Code made headlines with critics calling it racist and xenophobic. This prompted Quebec Premier Jean Charest to establish the Bouchard-Taylor commission to examine accommodation practices.

Interpretations

Various groups have interpreted, commented on, analysed and described the phenomenon.

In order to make up for low birth rates and employment needs, Quebec pursued a policy favouring immigration from francophone countries. Authorities tried to facilitate their integration by removing the barriers through means including laws, policies and educational campaigns.

Bouchard Taylor Commission Conclusion

The media was accused of wrongfully labelling cases of reasonable accommodation, shaping the debate. According to the Bouchard-Taylor commission report in 2008, “the media were constantly blamed for giving in to sensationalism, exaggerating, distorting and selecting, displaying a lack of responsibility by sowing discord, emphasizing stereotypes, kindling emotionalism, widening the gap between Them and Us, and encouraging xenophobia.”

Political Reactions

In January 2007, Mario Dumont, the Action Democratique du Quebec leader, wrote an open letter blaming political leaders for encouraging Quebecers to “collectively fade into the background.” Nine months later, Jean Charest sent a letter to Quebec newspapers criticizing his political adversaries of “fanning the flames of intolerance” in the reasonable accommodation debate. According to the Quebec Premier, Pauline Marois, the Parti Quebecois leader, “poisoned the debate” by introducing a legislation requiring immigrants to know French before receiving Quebec citizenship and Mario Dumont behaved like a “pyromaniac fighter.”

Episcopal Commentary

In 2007, the Cardinal Marc Ouellet expressed that the malaise of reasonable accommodation lied in the abandonment of the Catholic faith: “Quebecers would better welcome and accept immigrants if they were to return to the Catholic religion which advocates sharing and tolerance.”

According to the Assembly of Quebec Catholic Bishops, the problem stems from the confusion between culture and religion. They state, “the debate on accommodation forces [them] to redefine [their] identity and [they] invite other religious groups to clearly define their identity and distinguish between strictly religious customs and cultural ones.”

The AQCB has also published a book entitled “Le dialogue inter-religieux dans un Québec pluraliste" as a marker of inter-communal communication.