Catégorie: Clearinghouse
Localisation: Online
Année: 2019
Fichier: Directions9_November2019_Sheppard_1.pdf

Vues: 212


Quebec’s Bill 21, which prohibits religious symbols in certain public sector jobs and potentially allows for the refusal of services to people with covered faces, applies disproportionately to Muslim women who wear the hijab, the niqab, or other forms of face or head coverings. In this article, we assess the discriminatory effects of the new legislation. We then examine how it could be challenged in the courts, despite the Quebec legislature’s efforts to thwart judicial review by relying on the override clauses in both the Canadian and Quebec Charters. In particular, we review claims that could be made on the basis of the equality and nondiscrimination provisions of the Canadian Charter, the fundamental constitutional principles of the rule of law and protection of minorities, and international human rights protections.

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