Quebec’s Bill 9 – Closing the Public Square to Prayer?

The Québec government recently introduced Bill 9, An Act respecting the reinforcement of laicity in Québec. The bill’s stated goal is to strengthen secularism (laicité) in the province, including by closing the public square to prayer – unless it is pre-authorized by the municipality.

Bill 9 builds on and significantly expands Bill 21, Québec’s 2019 state secularism law. Bill 21, now known as the Act respecting the laicity of the State, prohibits certain civil servants (for example, teachers and police officers) from wearing religious symbols in the workplace. Bill 9 pushes the idea of secularism much further and again invokes the notwithstanding clause to protect the law from constitutional challenge.

Ban on Religious Practices in Public Places

Bill 9 introduces a new statute, the Act to foster religious neutrality, in particular in the public space. Among other things, this law would:

• Prohibit the use of public roads and public parks for collective religious practices without municipal pre-authorization
• Allow municipalities to authorize collective religious practices only if they:
  • Do not compromise safety
  • Are brief
  • Are open/accessible to everyone (e.g. cannot exclude anyone on the basis of a Charter protected ground of discrimination)
• Prohibit a person from limiting, hindering or disrupting religious practices in a place of worship
• Limit the ability to make accommodation requests on the grounds of religion, including in the workplace, daycares, and schools

The bill defines religious practice as “any action” that reasonably constitutes “the manifestation of a religious conviction or belief,” other than wearing a religious symbol.

The bill does, in effect, close the public square to prayer that is not pre-authorized by the municipality. It also raises serious questions about whether, for example, a group of women could meet for bible study in the park; a group of students could participate in street ministry; or a seniors ministry gather for a prayer walk. While none of these would conceivably compromise safety, it is unclear how “brief” the practice must be, and each of these excludes people on the basis of a Charter protected ground (sex/gender, age).

It is encouraging to see that places of worship are more strongly protected. At the same time, it raises the question of why existing laws are not used to address concerns about accessing places of worship (e.g. bylaw and criminal code offences).

Expand Secularism in Public Institutions

Bill 9 also amends and broadens Québec’s existing secularism law, the Act respecting the laicity of the State, CQLR c L-03. It would:

• Extend the existing ban on wearing religious symbols in certain public positions to include subsidized daycare centres, subsidized home educational childcare providers, and accredited private schools
• Prohibit “all religious practice” in these places and specifically ban “overt prayers and other similar practices” in schools, including accredited private schools. Religious practices could only occur as optional activities that take place outside of school time.

The bill creates some exceptions to the general ban on religious practices. For example:

• In healthcare institutions, if the religious practice doesn’t impact quality of care, operations, or patients’ well-being
• In correctional facilities, and places to be specified in regulations
• In municipalities, if certain conditions are met:
  • The government body does not fund the practice
  • All groups who want to lease or use the space are treated equitably
  • The space is not used “predominantly” for the religious practice.

The expanded secularism legislation would also:

• Require everyone to have their faces uncovered when giving or receiving public education services;
• Prohibit public institutions from offering meals or food based on religious diets.
• Establish secularism as a “foundation of national integration”
• Create a permanent role of Minister Responsible for Laicity
• Grant the Minister power to “verify compliance” with the Act

Amend Other Laws to Impose Secularism

Bill 9 impacts other legislation to either amend or repeal several acts:

• Act respecting private education, CQLR c E-9.1
  • Bill 9 would deny accreditation – and therefore access to subsidies – for private, faith-based schools. It would be phased in over a three-year period.
  • Faith-based schools are those whose services, selection of students or selection of staff are based on religious criteria.
• Freedom of Worship Act, CQLR c L-2
  • Bill 9 would repeal this law.
  • Although the Act uses outdated language (e.g. it speaks to a person driving on horseback or in a carriage at a pace faster than a slow and moderate trot!), its main goal is to ensure “good order” and avoid disturbances near churches.
• Act to foster adherence to State religious neutrality and, in particular, to provide a framework for requests for accommodation, CQLR c R-26.2.01
  • Bill 9 would repeal this law.This Act imposes a duty of religious neutrality on public servants and lists criteria to be taken into account for religious accommodation requests.
  • This Act would be replaced by the new Act to foster religious neutrality in particular in the public space.

What is Next?

Given the Québec government’s robust defence of Bill 21 it seems unlikely that constitutional criticism will slow or stop Bill 9, especially with the use of the notwithstanding clause. According to one media report, the Secularism Minister explained that Québecers:

“…can wish someone merry Christmas. We can sing Christmas songs. This is nothing but tradition. But we shouldn’t make any references to the birth of baby Jesus. […] When we wish someone a merry Christmas, we can think of Santa Claus and his elves, but nothing Catholic.”

One civil liberties group already described Bill 9 as “a clear and alarming infringement of freedom of religion, expression, peaceful assembly and equality.” The bill is expected to move through the normal legislative process, including public hearings.

We understand that Bill 9 raises serious concerns about religious freedom – not only in Québec, but how it could impact Canada as a whole – and will continue to monitor the progress of Bill 9. We’ll share updates on its status, how stakeholders respond, and whether the government makes any significant amendments before it passes.