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QUESTION PERIOD — Canadian Heritage

English-Speaking Linguistic Minority in Quebec

June 22, 2022


Honourable senators, my question is for the Government Representative in the Senate.

Once again, Senator Gold, my question is on minority rights. They are so important, not only in Quebec, but across Canada. Today, I want to address Bill 21 which infringes on the civil liberties of Quebecers. Many religious and ethnic communities in Quebec continue to feel their rights have been eroded. As you know, the law is currently being challenged before the provincial courts.

Last December, in an answer to a question from Senator Omidvar, you said:

. . . The Government of Canada remains committed to following the litigation closely and will take whatever decisions are deemed appropriate at the appropriate time.

Senator Gold, some might argue the appropriate time was a long time ago. When will the government take a strong stand on this bill and start defending the rights of minorities in our province? What is your definition of the appropriate time?

Hon. Marc Gold (Government Representative in the Senate) [ + ]

The Government of Canada has always been clear that it is on the side of Quebecers who are shocked and disappointed that a young teacher can no longer practise her profession because of how she chooses to observe her religion.

This government is committed to defending the rights and freedoms that are protected in the Canadian Charter of Rights and Freedoms, including the right to freedom of religion and the right to equality, as this matter touches upon those fundamental freedoms and the interpretation of the Charter which underscore our liberal democracy.

This government fully expects that this case will be appealed to the Supreme Court of Canada. If that happens, the government is committed to contributing to the debate, giving the broad implications for all Canadians and the need to defend the Charter, including the way in which the “notwithstanding” clause was invoked. The government has stated clearly that it will intervene in this matter at the Supreme Court level.

Thank you for your answer, Senator Gold.

I appreciate the government may not want to take a position on the bill until the Court of Appeal of Quebec renders a decision. But sometimes governments need to lead and protect the rights and freedoms of its citizens, whether they were born here or not. Like the rest of Canada, Quebec’s economic prosperity will rely heavily on immigrants.

This bill makes our province increasingly less attractive to diverse communities from around the world. When will the Prime Minister start advocating for these minorities who are such an important part of our national fabric? When will the government denounce Premier Legault’s use of the “notwithstanding” clause as a means to override individual Charter rights?

Senator Gold [ + ]

Thank you for your question.

The government has been very clear from the outset that it does not support Bill 21, notwithstanding that Bill 21 appears to be within the jurisdiction of the province. It does not support it because of its infringement on fundamental rights. The government has been clear about that. The Prime Minister has been clear about that from the outset.

Indeed, the Prime Minister was the first to even discuss the possibility of intervening in court cases when leaders in all other parties were reluctant to say a word.

More recently, the Prime Minister has made it clear that he will intervene. In that regard, Senator Loffreda, I think the government can stand proudly on its record for defending minority rights in this country and doing its part within its jurisdiction and within the division of labour between our institutions to stand up for Canadians’ rights.

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