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Restricting religious symbols in Quebec would fail: expert

By: Peter Rakobowchuk

Posted: 08/17/2012 1:00 AM | Comments: 0

MONTREAL -- A prominent constitutional lawyer says a plan by the Parti Québécois to restrict certain religious symbols in public institutions would ultimately be shredded up in court.

Julius Grey used the example of doctors with religious head wear and said if they one day challenge the PQ proposal, they will win.

The PQ has proposed a Charter of Secularism that would forbid employees in public institutions from wearing overt religious symbols; the policy would not apply to necklaces, such as the crucifix.

"Imagine the absurdity of saying that we have the best surgeon in Quebec, but he can't operate in Quebec because he's not permitted to wear his kippah, turban or scarf," Grey said in an interview from Victoria Thursday.

"I think a doctor would succeed -- I think there's no reason for a doctor not to wear a turban, kippah or scarf."

Grey cited jurisprudence that could be used to knock down the PQ proposal, including the famous case of turbans in the RCMP.

He said any Quebec public servant who would launch a legal challenge would also be successful.

"I don't see why a civil servant who works in a department should be deprived of his rights," he said.

"It's very likely that in the vast majority of cases, there would be accommodation ordered by the courts."

He said a future PQ government would then have only one tool left in its legal arsenal -- the notwithstanding clause, which allows legislation to temporarily override parts of the Constitution.

But Grey says that move would be a political hornet's nest.

"The notwithstanding clause cannot be applied without causing years of contestation," he said. When a government uses the clause to protect legislation, it expires after five years. That would force a future government to go through the process of reintroducing the controversial law.

The Quebec constitutional expert said the notwithstanding clause is there for extreme situations and emergencies -- not for a doctor in a yarmulke.

The PQ is leading in the public-opinion polls with a provincial election less than three weeks away. Leader Pauline Marois revealed Thursday she has had a transition team in place for several weeks.

Also Thursday, Premier Jean Charest warned the apparent split in the non-separatist vote risks allowing the PQ to waltz up the middle.

Charest said if people want to avoid another referendum, and the economic uncertainty that comes with the sovereignty debate, they need to rally behind one party and support his Liberals.

-- The Canadian Press

Republished from the Winnipeg Free Press print edition August 17, 2012 A16

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