The Canadian Jewish Community Forum held an Insiders Briefing on Bill 21, An Act Respecting the Laicity of the State. On April 21 the Quebec Superior Court struck down key provisions of the legislation. This decision was specific to all English language school boards based on Section 23 of the Canadian Charter of Rights and Freedoms.
English Montreal School Board Chair Joe Ortona and Ted Goloff, past president of the Lord Reading Law Society, addressed the virtual gathering. This included CJCF members from coast to coast and leadership from the Canadian Greek community.
The CJCF is a new organization, established by new leadership and former leaders of the Canadian Jewish Congress, which disbanded 10 years ago. It intends to provide a forum to educate, discuss and debate issues of interest and concern, both regional and national, that impact Canada, the Canadian Jewish community and the welfare of the people of Israel.
The Lord Reading Law Society was founded in 1948 to promote the interests of Jewish members of the Quebec Bar.
Mr, Ortona explained that the EMSB’s position has always been that Bill 21 conflicted with its values and mission and with those of all Quebecers as expressed in the Quebec Charter of Human Rights and Freedoms. “Its very adoption was contrary to our societal goal of promoting our peaceful co-existence in a pluralistic and inclusive Quebec,” he noted. “We argued successfully that Section 23 guarantees minority language educational rights to English-speaking minorities in Quebec, including the exclusive right of management and control of minority language schools.”
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| Joe Ortona addresses media after the decision. |
“Section 23 has evolved through the years and successive decisions of the Supreme Court of Canada have recognized an exclusive right of management and control accorded to linguistic minority communities across Canada for the operations of their public school systems. For this reason we urged the Quebec government to refrain from appealing the judgement. Unfortunately they did not follow that route. So we prepare now for our next date in court.
“Pour comprendre la décision rendue, il faut remonter à octobre 2019, mois au cours duquel la CSEM s’est jointe au Conseil national des musulmans canadiens, à l’Association canadienne des libertés civiles, aux enseignants et enseignantes qui portent un signe religieux et à la Fédération autonome de l’enseignement, qui est un syndicat d’enseignants et d’enseignantes, dans la contestation de la validité de la loi 21 devant la Cour supérieure du Québec. La loi 21 est entrée en vigueur le 16 juillet 2019 et a empêché les enseignants et enseignantes des écoles publiques, les avocats et avocates travaillant pour l’État, les juges et les policiers et policières de porter un signe religieux au travail. » »
Mr, Ortona said that we have seen the negative impact of Law 21 on our staff- many of whom wear Kipas- and on the culture in our schools and centres. “The law is forcing individuals to choose between government employment and a desire to wear religious apparel. We have had to refuse employment to some qualified candidates and promotions for others. And of course, many have simply not applied.
The Lord Reading Law Society had standing before the court and has appealed the decision. Mr. Goloff prepared for and pleaded the Society’s challenge to the law. CJCF Quebec spokesperson Frank Schlesinger also chairs the Society’s Human Rights Committee. The Society took the position that the law has no reason to exist and, in fact, will create and worsen divisions in Quebec rather than solve any problem, the existence of which problem has yet to be proved.
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Ted Goloff at court with immediate Past President Greg Azancot and Frank Schlesinger . |
Mr. Goloff argued the illegality of Bill 21, its disastrous effects and that it ought to be struck down, notwithstanding the invocation of the notwithstanding clauses of the Quebec and Canadian Charters. He also cited the “Hart Act” of 1832 that emancipated Jews in the Province of Quebec, the effects of which cannot be struck down by Bill 21.
There was a tremendous amount of discussion among the participants at the meeting. Discussion moved into Bill 96 and Bill C-32, language legislation being proposed by the Quebec and Canadian governments.
“Each time the notwithstanding clause is used, it chips away at all of our rights,” said Hal Joffe, a CJCF member from Calgary.
CJCF National Steering Committee spokesperson Les Scheininger and Mr. Schlesinger agreed that more insider briefings like this will be organized.
