Cecily Zamora
Canada has seen growing concerns about Islamophobia, anti-Muslim hate crimes, and discrimination. In 2019, Quebec passed a controversial law, Bill 21, banning public sector employees from wearing religious symbols at work, including the hijab. This law has been challenged in court by several groups and individuals, with critics arguing that it disproportionately targets Muslim women and treats religious minorities as second-class citizens. While some view the law as essential for maintaining secularism, others see it as promoting fear, division, and hate. These contrasting perspectives highlight the ongoing debate surrounding religious expression and state secularism in Canada.
| Characteristics | Values |
|---|---|
| Name of the law | Bill 21 |
| Province | Quebec |
| Year passed | 2019 |
| Professions impacted | Teachers, judges, police officers, and other civil servants |
| Symbols banned | Hijabs, kippahs, turbans, niqabs, and other religious symbols |
| Impact | Discrimination against Muslim women, violation of freedom of choice and religion |
| Court rulings | Quebec Superior Court denied suspension of the law in 2019; Quebec Court of Appeal decided not to void the law |
| Public opinion | Mixed reactions, with critics arguing it targets Muslim women and promotes Islamophobia |
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What You'll Learn
Quebec's Bill 21 bans religious symbols for public servants
Quebec's Bill 21 is a highly contested law that bans certain civil servants from wearing religious symbols in the exercise of their duties. The law, passed in June 2019, prevents judges, police officers, teachers, and public servants from wearing religious symbols such as the hijab, kippah, turban, skullcap, and other symbols of faith in the workplace. Quebec is the first jurisdiction in North America to implement such a ban, which has been criticized for disproportionately targeting Muslim women and treating religious minorities as second-class citizens.
The Quebec government has defended the legislation as essential for maintaining secularism and the separation of religion and the state. However, critics argue that it violates freedom of expression and religion, basic human rights, and that it will make it harder for religious minorities to integrate into Quebec society. The law has sparked fierce debate and protests, with some calling for its repeal.
The law does not clearly define what constitutes a religious symbol or how the ban will be enforced. It grants the government the power to arbitrarily determine which symbols are "religious" and violate the law and which are "cultural" expressions. While the law applies to various religious symbols, critics argue that it disproportionately impacts Muslim women who wear the hijab or niqab, as well as other religious minorities.
The bill includes a grandfather clause, protecting the jobs of some long-serving teachers who wear religious garments. However, it has been met with frustration and anger by many public servants who feel their freedom of expression and religion are being infringed upon. They argue that the bill promotes discrimination and creates an unfair environment where their opportunities are limited due to their religious attire.
Supporters of the bill, on the other hand, believe that banning religious symbols in schools creates a safe space for students, particularly girls who may face family pressure to wear religious symbols. They argue that students are more likely to confide in teachers who do not wear religious symbols. Additionally, some advocates for the bill claim that it does not target any specific religion and is a reasonable restriction, similar to existing restrictions on displaying political preferences in the workplace.
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Critics say it disproportionately targets Muslim women
Quebec's Bill 21, also known as the Laicity Act, has been criticized for disproportionately targeting Muslim women who wear the hijab or niqab. The law, passed in June 2019, bans public workers in positions of authority from wearing religious symbols such as the hijab, kippah, and turban. While the Quebec government has defended the law as essential for maintaining secularism and the separation of religion and state, critics argue that it unfairly targets Muslim women and treats them and other religious minorities as second-class citizens.
The law has had a particularly harmful impact on Muslim women who wear the hijab and wish to work in Quebec's public schools as teachers or other authority figures. They are now forced to choose between their religious beliefs and their careers. This has led to accusations that the law promotes fear, division, and hate, and that it sends a message that those who do not dress, think, or believe like the majority are not considered part of the community.
Civil rights groups and educational organizations have jointly argued that the law is unconstitutional and unfairly singles out Muslim women. They contend that the hijab is a symbol of empowerment, not oppression, and that it does not impose a particular worldview on students. In support of this argument, sociologist Paul Eid presented evidence to the court showing that the majority of Muslim women in Quebec and Canada choose to wear the hijab and firmly believe in the equality of the sexes. He also noted that while Quebecers may be suspicious of religion in general, they harbour particular hostility towards Islam, contributing to the marginalization of Muslim women in the province.
The law has faced significant opposition, with groups across Canada calling for its repeal. Prime Minister Justin Trudeau has stated that he has not "ruled out" federal intervention to challenge Bill 21 in court. Additionally, on World Hijab Day in 2022, Canadians united to raise awareness about Islamophobia and discrimination against Muslim women, with many sharing their experiences on social media and inviting non-Muslims to wear the hijab for a day to show solidarity.
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Muslim women in Canada face Islamophobia and discrimination
Muslim women in Canada experience Islamophobia and discrimination, which can manifest in various forms and settings. One of the most prominent examples of this discrimination is Quebec's controversial Bill 21, which bans public employees in the province from wearing religious symbols at work. This includes teachers, judges, police officers, and other civil servants, prohibiting them from wearing Muslim headscarves (hijabs), Jewish skullcaps, and Sikh turbans. The law has been criticised for disproportionately targeting Muslim women and treating them as second-class citizens. It has also been accused of promoting fear, division, and hate, and limiting individual freedom.
Muslim women in Canada face discrimination and violence due to their visible religious identity. They are often stereotyped as oppressed victims of a barbaric patriarchy, which ignores their agency and autonomy. High-profile incidents, such as the hate-motivated knife attack on two sisters in Edmonton and the killing of a Muslim family in London, Ontario, highlight the physical dangers they face. Additionally, Muslim women may experience discrimination in hiring, promotions, and job opportunities, leading to underemployment and economic inequality.
Islamophobia in Canada is not limited to individual acts of intolerance but also exists at an institutional and systemic level. Studies have shown that Muslim women are among the most marginalised groups in Quebec and Canada, facing higher unemployment rates and suspicion towards their religion. A 2016 study by the Environics Institute found that a third of Canada's Muslim community had experienced discrimination due to their religion, ethnic origin, or language in the previous five years. This discrimination primarily occurred in the workplace or public settings.
The federal government has recognised the issue and appointed a Special Representative on Combatting Islamophobia to enhance efforts to promote awareness and combat discrimination. Muslim women themselves have also taken action, such as sharing their experiences on social media for World Hijab Day and inviting non-Muslims to wear the headscarf for a day to foster understanding. These efforts aim to challenge stereotypes and raise awareness, working towards a safer and more inclusive Canada.
While Canada has taken steps to address Islamophobia and discrimination against Muslim women, there is still work to be done to protect the rights and safety of this community. The intersection of their gender and religious identities creates unique challenges and vulnerabilities that need to be addressed through continued dialogue, education, and the implementation of protective measures.
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Bill 21 has been challenged in court
Bill 21, also known as the Laicity Act, was passed in June 2019 and bans public workers in positions of "authority" in Quebec from wearing religious symbols. This includes Muslim headscarves (hijabs), Jewish skullcaps, Sikh turbans, and other symbols of faith in the workplace. The bill has been criticized by some as discriminatory and a violation of freedom of choice and has sparked protests and legal challenges.
The bill has been challenged in the Quebec Superior Court by several organizations, including the Canadian Civil Liberties Association (CCLA), the National Council of Canadian Muslims (NCCM), and Hak. They argue that the law is unconstitutional and must be struck down. The plaintiffs in the case, including Bouchera Chelbi, an elementary school teacher in Montreal who wears the hijab, argue that the hijab is a symbol of empowerment, not oppression, and that the law singles out Muslim women in particular.
In November 2020, the Quebec Superior Court struck down parts of Bill 21 but left most of it intact. The CCLA, NCCM, and Hak then appealed to the Quebec Court of Appeal, which decided not to suspend the law. The case has now moved to the Supreme Court of Canada, which will hear arguments on why Bill 21 undermines the Canadian constitutional structure, violates fundamental rights and freedoms, and should be struck down.
While the bill has been supported by most of Quebec's population, it has also faced opposition from various groups and individuals. The Parti Québécois (PQ) and the Coalition Avenir Québec (CAQ) argued that the ban did not go far enough and should be extended to public daycare workers. Calgary City Council and Edmonton City Council unanimously condemned Bill 21, and New Democratic Party leader Jagmeet Singh supported federal intervention in court to challenge the law. Federal antisemitism envoy Irwin Cotler called it "discriminatory," and William Steinberg compared it to "ethnic cleansing."
The bill has also been criticized by scholars and journalists, who have raised concerns about its potential impact on minority religious groups and the message it sends about limiting individual religious freedom in a democratic society. Despite the controversy, Prime Minister Justin Trudeau initially avoided taking a strong stance on the bill during his election campaign in 2019 to maintain popularity in Quebec.
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Canada marks World Hijab Day to raise awareness
Canada, like many other countries, has had a history of Islamophobia and anti-Muslim hate crimes and discrimination. In 2019, Quebec passed a controversial bill, Bill 21, which bans public sector workers from wearing religious symbols. This includes hijabs, kippahs, and turbans. This bill disproportionately affects Muslim women, and other religious minorities, and has been criticised for promoting fear, division, and hate.
In response to this, and to raise awareness and foster religious tolerance, World Hijab Day was launched in 2013 by Nazma Khan. This day, which takes place annually on 1 February, encourages women of all religions and backgrounds to wear and experience the hijab for a day. It also aims to educate and spread awareness about why the hijab is worn and to promote wider acceptance of hijab-wearing women.
On World Hijab Day in 2022, Muslim women in Canada shared their experiences on social media, inviting non-Muslims to step into their shoes by wearing a headscarf for a day. They also posted hijab selfies with the signs #WorldHijabDay and #DressedNotOppressed to highlight that they are not oppressed and to encourage others to learn about the hijab and build bridges between communities.
World Hijab Day also serves as an opportunity to reflect on the challenges visibly Muslim women encounter and to work towards creating environments that embrace diversity, eliminate bias, and foster equal opportunities for all. This includes addressing microaggressions and stereotyping, as well as limited professional opportunities, that Muslim women who wear the hijab face in healthcare and other professional settings.
While World Hijab Day has largely been promoted through social media, it has also gained recognition internationally, with events hosted in the United Kingdom, the Philippines, and the United States.
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Frequently asked questions
No, but the province of Quebec passed a law in 2019 that bans public employees from wearing religious symbols at work. This includes the hijab.
The law is called Bill 21, or the Laicity Act.
Bill 21 bans public workers in positions of "authority" from wearing religious symbols. This includes teachers, judges, police officers, and other civil servants.
Supporters of Bill 21 argue that it is essential to maintaining secularism and the separation of religion and the state. They also argue that it helps create safe spaces for girls trying to escape family pressure to don religious symbols.
Critics of Bill 21 argue that it disproportionately targets Muslim women who wear the hijab or niqab and treats them and other religious minorities as second-class citizens. Civil rights groups and educational organizations are arguing that the law is unconstitutional.
