Enough with wait and see approaches to Bill 21*

Like many Canadians outside of Quebec I have watched with considerable alarm and outrage over the past several years during the lead up, debate, adoption, legal challenges and continuing aftermath of the pernicious and rights-violating Bill 21. 

Over those years I have been careful not to wade in too directly.  Careful, as a matter of principle, knowing that the views and voices of a middle-aged white man in English Canada certainly were not what needed airtime.  Careful, as a matter of tactics, not wanting to add fuel to the fire set by some Quebec nationalists who would readily weaponize interventions from the rest of Canada.  I knew that intuitively and it was certainly the wise counsel I heard from many others.

I have not waded in directly. But I have certainly had views, namely that there is absolutely no doubt that this disgraceful law blatantly — in fact, deliberately and unapologetically — contravenes international, national and provincial human rights safeguards in ways that go to the very essence of what those norms seek to uphold: that “all human beings are born free and equal in dignity and rights” (Universal Declaration of Human Rights, 1948, article 1).

I have shared those views in quiet ways. And I have looked to bolster and lift up the voices, campaigning efforts and legal strategies of the very many Quebecers, including dear friends and colleagues, who have been courageously, steadfastly pushing back against this odious legislation.

And then last week Fatemeh Anvari, a grade three teacher in Chelsea, Quebec, was pulled out of her classroom and reassigned to administrative duties by her school board. 

Not because she had been abusive with her students.  Far from it, the outpouring from those students makes it clear she was much beloved.  Not because she was performing poorly as a teacher. Far from it, the testimonials to her abilities, including from parents, particularly in promoting reading and literacy, are inspiring. 

The only reason that Fatemeh Anvari is no longer allowed to teach her students is that she, a Muslim woman, wears the hijab. And in Francois Legault’s Quebec that is a punishable, fireable, demotable, ostracizable transgression for a teacher and many other public officials.

Suddenly it was real and human and personal.  Suddenly it was about explaining all of this to eight-year-olds. Suddenly the tactics matter less, and the principles matter urgently. Suddenly, staying with one foot on the sidelines in wait-and-see mode is no longer an option.

As Bill 21 has marched forward, federal political leaders have largely tried to sidestep criticism of it and have certainly held back from making commitments to take action to challenge it, legally or politically. 

Their usual refrain has been that it is for Quebecers to sort it out.  Their strategic concern, not unfounded, has been that if the federal government jumped into the current court challenge for instance, the Legault government would use that to strengthen its political arguments that the rest of Canada does not understand or respect Quebec. Given the popularity of Bill 21 in Quebec, their more calculating and self-serving concern has been the unpredictably of votes in the province, for which there is always a scramble among all federal parties. The recent election was certainly no exception.

Well of course Quebecers should be sorting this out, in the direction of rights protection not rights violations.  And of course, all of us — be we leaders of political parties or ordinary citizens, inside or outside Quebec — should be taking steps that guide us in that direction and not make matters worse.

Yet, there comes a point and there comes a time when caution and timidity must give way to clarity and conviction.

All over the world governments who have adopted laws, brought in policies or taken action that violate human rights frequently and predictably try to keep outside criticism at bay by insisting it is no one else’s business.  It is an unfounded argument that of course defeats the most essential message of international human rights, which is universality.

The government of Quebec does not get to say that the rights of a Muslim woman matter less there than in other parts of Canada or other corners of the world; just as governments anywhere do not get to erect a human rights firewall at their border that keeps global expectations, concern and scrutiny out.

All human beings are born free and equal. There is so much that is at stake here.

The universality of human rights.

The integrity of the Charter of Rights and Freedoms (given that the Quebec government is, so far, successfully protecting itself from judicial sanction by invoking the Charter’s deeply problematic notwithstanding clause).

Fundamental human rights safeguards with respect to gender equality, freedom of religion, racism and discrimination.

The love that a classroom of grade three students have for their teacher.

The courage and dignity of a woman I would have been honoured and privileged to have teach my own children.

Bill 21 needs to be abolished. Now.

* Photo credit, Canadian Press