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]

Don Macpherson: The bluewashing of the Quebec Liberal Party

By proposing a law on "interculturalism," the Quebec Liberals have legitimized the principle of new restrictions on minority rights.

https://montrealgazette.com/opinion/columnists/don-macpherson-the-bluewashing-of-the-quebec-liberal-party?fbclid=IwAR2w7V4K-r9MuFOsEH6mNJDVMCLcWcV7SpT19kg_1-jqg1_iIOFgEWNhyZ8

As if Quebec politics wasn’t rancorously polarized enough already, the supposedly inclusive provincial Liberals, of all parties, have added not one, but two new divisive identity issues to the agenda.

With the apparent approval of most of their party elders, including all the declared and potential candidates for the vacant Liberal leadership, the party’s youth wing last weekend adopted resolutions calling for a Quebec internal constitution and a law on “interculturalism.”

The constitution would be written by a representative constituent assembly. Since federal politicians refuse to provide another political crisis in Quebec over constitutional reform, the Liberals would produce their own ...

François Legault's CAQ swept to power by suburbs, rural regions and francophones

Liberals see predominantly French-speaking bastions fall and anglophone supporters stay home

https://www.cbc.ca/news/canada/montreal/grenier-quebec-results-1.4846595

François Legault's Coalition Avenir Québec stormed to a majority government on Monday, thanks to strong support from the predominantly francophone regions of Quebec and a Liberal base that stayed home — as new records were set for the lowest share of the vote ever registered by either the Liberals or the Parti Québécois.

Jedwab: Diversity debate: Poll shows sharp divide between Montreal and regions

As politicians spar over whether a woman in a hijab can be a police officer, details from a Léger poll reveal a deep divide between multicultural Montreal and the rest of Quebec on immigration.

http://montrealgazette.com/news/local-news/diversity-debate-poll-shows-sharp-divide-between-montreal-and-regions

“There’s a Montreal vs. Quebec divide. There’s also a divide in Montreal between francophones and non-francophones,” said Jack Jedwab, executive director of the Association for Canadian Studies ...

In Greater Montreal, with 4.1 million residents from St-Jérôme to St-Jean-sur-Richelieu, 39 per cent of respondents want to reduce or eliminate immigration, while 41 per cent want to maintain current levels and 18 per cent want to increase it.

In contrast, 58 per cent of respondents in central Quebec — the region most opposed to immigration — say it should be reduced or eliminated.

Although opposed, mayor says Montreal would enforce Quebec;s Laicity Bill if approved

She also said that CDN-NDG borough mayor Montgomery, who said she'd refuse, will also abide.

https://montrealgazette.com/news/local-news/bill-21
Montreal Mayor Valérie Plante said while she is opposed to Bill 21, she would abide by the ban on religious garb if the law is passed in the National Assembly.

Introduced last month by the Coalition Avenir Québec government, Bill 21 would bar public school teachers, police officers and other civil servants from wearing religious clothing — such as a kippa, a hijab or a turban — on the job.

Plante has denounced the law and said she looks forward to speaking at coming hearings in Quebec City to explain Montrealers of all ethnic backgrounds live without conflict caused by religious symbols. On Monday, city council will also issue a bipartisan statement against the proposed law.

Opinion: Rather than Bill 21, let's have pluralistic secularism

Ultra-secularism has this in common with religion: both include extremists incapable of listening and opening their minds to difference.

https://montrealgazette.com/opinion/opinion-rather-than-bill-21-lets-have-pluralistic-secularism

The main purpose of Bill 21 is to “protect our identity,” says Premier François Legault. But whose identity is being protected and what kind of society will this bill promote? By forbidding schoolteachers, school principals, police officers and other public officials, as well as a number of other citizens from wearing religious symbols central to their identities, Bill 21 treats citizens who choose to wear such symbols as threats to our society, incapable of participating fully in a “secular” state and of assuming their responsibilities in a spirit of impartiality and political neutrality. This narrow view of society is actually a form of fundamentalism, which may be termed “ultra-secularism.”

Although Quebec has its own difficult history of struggles with religious identity, racism and discrimination, we have worked together to forge a pluralistic society. Now, however, global anxieties that fuel anti-diversity, anti-immigration and anti-Islam positions are finding fertile ground among Quebec’s columnists, essayists, ideologues and politicians — giving rise to movements, rallies, associations and other actions by those fearful of otherness, especially when that other is Muslim. Some of our elected representatives and leaders are cozying up to xenophobic groups, insisting on the need to ban the hijab, but also the turban, the kippah and other items of attire they say threaten our secularism. And anyone who has a different vision of pluralism and democracy is regarded as anti-secular or “secular-phobic.” In practice, these ultra-secular groups are promoting exclusionary policies that will make whole segments of our population second-class citizens.

In the course of their post-colonial history, three Muslim countries actually have banned the hijab: Tunisia under Bourguiba, Iran during the Pahlavi dynasty, and Turkey under Mustapha Kemal. All three were leaders of authoritarian regimes. This raises a deep question for secularism in some Western countries in general and in Quebec in particular: could it be that both requiring and banning the wearing of the hijab, or any other religious symbols, are essentially illiberal and misogynistic actions? To answer that question, we need to take a step back and set aside our own ideological sympathies long enough to engage in some clear and constructive thinking ...

Father Raymond J. de Souza: In polite Canada, every group (and province) has unique virtues. None have unique failings

A Quebec-based reporter, interviewing me, assumed that Quebecers have certain good characteristics, for example, a looser approach to traditional morality on marriage and family, but why is this always a good thing?

https://nationalpost.com/opinion/father-raymond-j-de-souza-in-polite-canada-every-group-and-province-has-unique-virtues-none-have-unique-failings