29 November 2016

Translator: From 1960s Ball Park French, to English, to 2010s OQLF French

Get 'em while they're hot!

biftek a la Hambourg = hamburger = hamburger (prev. hambourgeois)
saucisse fumee = hot dog = hot dog
frites = French fries = (pommes de terre) frites
liqueur = soft drink = boisson gazeuse
cacahuetes = peanuts = arachides
patate chips = potato chips = croustilles

Cracking the Quebec Code: An insider’s guide to understanding Quebec's 7 core values

Jean-Marc Léger has written a book that only a Quebecker could write.  The famed pollster says so himself – and the bold title he’s chosen gives away the reason.
Cracking the Quebec Code: The 7 keys to understanding Quebecers, makes the kind of tantalizing promises for itself that a reader might expect from a marketing guru like Mr. Léger. “For the first time,” a foreword boasts, “English Canadians will have access to Quebeckers’ best-kept secrets.” Here, finally, is a “skeleton key” to the “question of Québécitude.”
Co-written with journalist Pierre Duhamel and business scholar Jacques Nantel, the book uses survey data, interviews with provincial leaders and a novel approach measuring reactions to hundreds of key words to come up with seven traits that define the Quebec character: joie de vivre, easygoing, non-committal, victim, villagers, creative and proud.

24 November 2016

CCLA (Via The Globe And Mail): When religious freedom should take a back seat to equality rights

http://www.theglobeandmail.com/globe-debate/when-religious-freedom-should-take-a-back-seat-to-equality-rights/article25784108/

In my view, both rights are fundamental for a society to be grounded in respect for human dignity. Indeed, in Canada, both rights are protected by the Canadian Charter of Rights and Freedoms – but the Charter, which applies to government action, would not directly apply to a commercial airline.
 
How far do we go to accommodate a sincerely held religious belief when it comes into conflict with the equality rights of someone else? If all rights are equal and there is no hierarchy, do we figure out these questions on a case-by-case basis? In Canada, decision-makers have ruled against a bed-and-breakfast owner who refused to rent to a gay couple. But some may ask, what about religious freedom? What about the innkeeper’s rights?
 
Personally, I don’t think that in a public or commercial space the religious beliefs of one person can be used to deny, or relegate (intentionally or not) as inferior, the equality rights of someone else. Religious freedoms are writ large and people are free to believe what they wish, and to act as they wish, short of causing harm to another. Gender segregation can and is upheld in private religious institutions freely attended by individuals – but in public spheres we must be vigilant about upholding the equality rights of all. If we wouldn’t tolerate the refusal to sit beside a racialized person, we shouldn’t tolerate sex discrimination, either.

CCLA: Quebec Bill 62 Infringes on Freedom of Religion

https://ccla.org/quebec-bill-62-infringes-on-freedom-of-religion/

CCLA has submitted a brief to the Quebec National Assembly’s Committee on Institutions as part of its special consultation and public hearings on Bill 62. Bill 62 — An Act to foster adherence to State religious neutrality and, in particular, to provide a framework for religious accommodation requests in certain bodies — is a deeply troubling law that would infringe basic rights and cannot be justified in a free and democratic society.
At the core of Bill 62 is section 9, which prohibits public employees and recipients of public services from wearing face coverings, such as the niqab, unless they receive special accommodation via a flawed religious accommodation process. We have argued that the bill unfairly targets individuals who wear religious face coverings and thereby infringes freedom of religion, freedom of expression, and the right to be free from discrimination. We have also pointed out inconsistencies in the proposed law – such as its special protection for “the emblematic and toponymic elements of Québec’s cultural heritage, in particular its religious cultural heritage, that testify to its history” – which exacerbate the bill’s purpose or effect of unfairly targeting individuals from minority religious, ethnic, and racial groups and, in particular, women from these groups.
CCLA is urging the Quebec government not to move forward with the bill.

26 October 2016

Freedom of religion under the Canadian Charter(s) of (Human) Rights and Freedoms

Larry Miller and the case against the niqab - Macleans.ca



Freedom of religion under the Quebec Charter of Human Rights and Freedoms (and the Canadian Charter of Rights and Freedoms) consists of the freedom to undertake practices and harbour beliefs, having a nexus with religion, in which an individual demonstrates he or she sincerely believes or is sincerely undertaking in order to connect with the divine or as a function of his or her spiritual faith, irrespective of whether a particular practice or belief is required by official religious dogma or is in conformity with the position of religious officials. This understanding is consistent with a personal or subjective understanding of freedom of religion.  As such, a claimant need not show some sort of objective religious obligation, requirement or precept to invoke freedom of religion. It is the religious or spiritual essence of an action, not any mandatory or perceived‑as‑mandatory nature of its observance, that attracts protection.  
The State is in no position to be, nor should it become, the arbiter of religious dogma. Although a court is not qualified to judicially interpret and determine the content of a subjective understanding of a religious requirement, it is qualified to inquire into the sincerity of a claimant’s belief, where sincerity is in fact at issue. Sincerity of belief simply implies an honesty of belief and the court’s role is to ensure that a presently asserted belief is in good faith, neither fictitious nor capricious, and that it is not an artifice. Assessment of sincerity is a question of fact that can be based on criteria including the credibility of a claimant’s testimony, as well as an analysis of whether the alleged belief is consistent with his or her other current religious practices.  
Since the focus of the inquiry is not on what others view the claimant’s religious obligations as being, but what the claimant views these personal religious “obligations” to be, it is inappropriate to require expert opinions. It is also inappropriate for courts rigorously to study and focus on the past practices of claimants in order to determine whether their current beliefs are sincerely held. Because of the vacillating nature of religious belief, a court’s inquiry into sincerity, if anything, should focus not on past practice or past belief but on a person’s belief at the time of the alleged interference with his or her religious freedom.




R v NS (SCC 2012): Niqab Rules Balance Religious Freedom and the Right to a Fair Trial - The Centre for Constitutional Studies

R v NS (2012): Niqab Rules Balance Religious Freedom and the Right to a Fair Trial - The Centre for Constitutional Studies



In R v NS,[1] decided on December 20, 2012, the Supreme Court of Canada ruled on whether a witness could be allowed to wear a niqab[2] for
religious reasons while testifying in a criminal trial. The Court
determined that this issue would be examined on a case-by-case basis.
The following featured court ruling examines the Court’s four-part test
meant to balance the witness’ right to religious freedom (section 2(a)
of the Charter of Rights and Freedoms (Charter)) and the accused’s right to a fair trial (sections 7 and 11(d) of the Charter).[3]

If an accommodation is possible, do the salutary effects of accommodating the claimant outweigh the deleterious effects of doing so?[17]



18 July 2016

William Johnson: What counts as history in Quebec

http://news.nationalpost.com/full-comment/william-johnson-what-counts-as-history-in-Quebec

What these eminences stated in 1992, the Supreme Court of Canada would also state in 1998. But Quebec’s textbook, dated 2009, distorts history and law to legitimate unconditional secession. Recalling Lévesque’s 1980 referendum, the textbook omits the fact that a veto was promised to the rest of Canada. Then, revisiting the 1995 referendum, it ignores the fact that Parizeau intended, with the merest majority, to overthrow the Constitution, even though the question was confusing and, as polls showed, most voters assumed that Quebec would remain in Canada. Then, Stéphane Dion’s Clarity Act of 2000, setting federal conditions for negotiating secession, is discussed with no reference to the Supreme Court’s decision on the conditions for secession. And there are more examples of bias. This is history?

04 June 2016

Challenge to Quebec sign laws headed to Court of Appeal — www.cbc.ca

Challenge to Quebec sign laws headed to Court of Appeal — www.cbc.ca



In seeking leave to appeal at Quebec's highest court Friday, O'Brien said that Quebec's sign laws are not just unconstitutional but outdated, as well. 


"In this case, we brought factual evidence about the current demographic situation of French in Quebec," he told reporters in Montreal. 
"Our view is that you cannot interpret [it] as being currently vulnerable. There's no threat of extinction of the French language right now."


21 May 2016

Quebec's historical demands

http://www.cbc.ca/news/politics/senate-expenses-spur-outrage-but-reform-abolition-not-easily-done-1.3031249

The Quebec government has said that any talks about the Senate would have to be broadened to deal with that province's "historical requests," such as recognition of its distinctiveness and demands for more powers — the same divisive issues on which the last two constitutional ventures, the Meech Lake and Charlottetown accords, foundered. First Nations leaders would likely insist that aboriginal issues be part of the mix as well.

approval over appointment of Quebec judges to the Supreme Court of Canada
opting out of shared-cost programs in provincial jurisdiction,  with full compensation for compatible programs
recognition of a distinct society in the constitution
more powers (e.g., communications)
and a veto over constitutional amendments

16 May 2016

Julius Grey is anti-hate speech law

Supremes decided only the most extreme speech is hateful e.g., incitement

(a la Keegstra)

unpleasant, hurtful speech is not illegal (Beaubien Quebec)

mock, disapprove if you like

'the only proper answer to poor speech is more and better speech'

comedy exists to find a line, and jump over it

The Holocaust is not an excuse for censorship