Including The Bill 21 Into The Canadian Charter Of Rights And Freedoms

Freedom of religion is a guaranteed right and a principle under The Canadian Charter of Rights and Freedoms, in the 'Fundamental Freedoms' section. Canada is currently at a very important and pivotal moment in its employment law history, one that will be a cardinal point in how religious minorities are represented in this country; this critical topic is known as Bill 21 for the province of Quebec. This bill prohibits the wearing of religious garments by government workers including provincial and municipal level employees, specifically those that cover the face of the person in any way, shape or form. Any government employee, under this act must maintain a certain state of neutrality when it comes to religion and the practice of religion. This bill see's the practice of faith as a promotion of one's beliefs to the public, and a way of abrasively asserting religion on someone non-willingly. Under the act the only government workers not under any sort of prosecution are those who are already practicing religion or teaching religion, and the must do so with their faces uncovered. Bill 21 claims that special accommodations on religious grounds will be granted for those who wish to continue the practice of their faith however those accommodations must fall within a criteria and guidelines that a minister has to set. This proves that this bill is about controlling the religious practices of faiths and limits the freedom of religion of a government employee. This bill, should it become a law will have a big impact on society, minority religious groups would be condemned to change the way they approach their faith in society and the new social order this would bring around will be discriminatory and would ignite the spark of a major downfall for the freedom of any kind under Canadian law.

Bill 21 has been widely known as the anti-Religion bill, and consequently with the implications of the bill it is targeted towards many groups but a special interest on Muslim women in particular. This can be seen through one of the major clauses of the bill which is the covering of the face by government employees. Islam is the only major religion that has an obligatory covering of a woman's face, and a bill that is most famous for its stance on religious face covering is not being discreet about who is being targeted primarily.

Quebec's government has boldly tabled a bill that suppresses the right to display your religious faith through symbols, in a public sector. This Bill bans teachers, police officers and any other government employee from sporting any and all religious symbols, like the hijab, turbans, and crucifixes. It also follows' the lead of a previous bill that was passed that prohibited the covering of faces by public servants, when providing a service or accessing any public services, unless been given special accommodation. This previous bill (bill 62) was never made into law as it would garner the unfair treatment of Muslim women.

The proposed bill has already had a negative effect for Muslims in Quebec, because since the introduction of the bill, Islamophobic based violence has increased readily and based on the history of the province, the treatment or awareness towards undoing Islamophobia is slim to none. It does provide limited leniency in terms that those who are already a part of the public sector will be allowed to wear their religious symbols, however if they were to advance any further up or change employment, they would have to seek accommodation. This portrays stagnation in terms of employment and keeping individuals in one place and impeding them to progress career wise, leading to individuals being unhappy in their job positions. Many government offices and school boards have taken a stance against this bill and will not be implementing these rules in their institutions once the bill is converted into a law. The Coalition Avenir Quebec, are responsible for this bill as a part of the campaign promise from the elections, and have stated that anyone not following it will be condemned.

Bill 21 once established as a law will have effects on citizens of Quebec as well, which will be reinforced by members of each specific public service they would be a part of, for example if a woman were to wear a niqab (face covering) on public transportation, it would inevitably be up to the driver to give them access. This has negative implications of its own, because it would cause embarrassment to the woman who is covering her face and sideline her religious beliefs, as the factors of the veil is that only women and men who are related to her can see her face.

This bill very well might become a law because it implores the 'notwithstanding clause', which 'Section 33 of the Canadian Charter of Rights and Freedoms, known as the notwithstanding clause, is part of the Constitution of Canada. Also known as the override clause, Section 33 allows federal, provincial or territorial governments to temporarily override, or bypass, certain Charter rights.' This indicates that the bill can have a very strong foundation on which it can be passed on, and based on law will not be hindering the charter. The bill is said to be accepted by June of 2019. With Quebec's current government, the majority in parliament is currently with those who are very strongly in favor of the bill, however many government officials have professed their opposition to the bill and are willing to fight against it.