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Question Period - Human Rights

Quebec—Bill 62—Court Challenges Program

November 1, 2017


The Honorable Senator Mobina S. B. Jaffer:

My question is also to the Leader of the Government in the Senate.

The ban against face covering in Quebec’s Bill C-62 is an attack against the Charter rights of Muslim Canadians in Quebec. Section 2 of the Charter clearly states that all Canadians have the fundamental freedoms of expression and religion. The niqab allows women who wear it to express their faith, therefore Bill C-62 violates their section 2 rights.

Section 15 of the Charter also guarantees that no individual will be singled out by our laws because of their religion or gender. In fact, the Supreme Court has ruled that laws cannot have adverse impacts on particular groups, even if the law is drafted in a neutral way. Since the law both targets and adversely affects Muslim women, Bill C-62 also violates section 15 of our Charter.

I believe that the government understands the unconstitutional nature of the niqab ban.

The very first thing the Prime Minister did when he became Prime Minister was to withdraw the case of Zunera Ishaq, who challenged the ban on wearing face coverings during the oath of citizenship. That was true leadership on behalf of all Canadians and for the protection of the rights of all Canadians.

Leader, we find ourselves faced with a similar situation today. Muslim women in Quebec are being marginalized because of their choice to express their faith by wearing the niqab. It is our responsibility to defend the equality rights of all Canadians guaranteed in our Constitution.

The government has now set up a Court Challenges Program. Will the government support and finance challenges against Bill C-62 through the recently reinstated Court Challenges Program?

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