Marie Mc AndrewCanada Research Chair on Education

and Ethnic RelationsChair in Ethnic Relations

University of Montreal

Metropolis Armchair DiscussionOttawa, 27 juin 2008

1. The reasonable accommodation “crisis” in Quebec The context The saga The Commission and its work

2. A critical look at the Report The Strengths The Weaknesses

3. Future prospects Reactions Potential impact

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The place of diversity in public institutions: complex challenges existing throughout Canada Conciliation of diverse rights, including equality

between the sexes and religious freedom Collective impact of adding individual “exemptions” Political or identity-related use of religion by marginal

groups Extent of the requirement of public institutions’

“neutrality” Impact of the increasing court appeals on the quality of

relations among citizens Specific resistance against the demands of certain

groups: i.e. international context (Islamophobia)

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A particularly intense debate in Quebec linked to:

The specific rapport of French-Canadian Quebecois with religion coinciding with the deconfessionalization of institutions

The recent – and unfinished – character of the development of an inclusive Quebec identity Reasonable accommodation = integration of immigrants Confusion between the civic values and the cultural

heritage of the majority Marked intergenerational cleavage

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Certain characteristics or limits of governmental action

Emphasis on francophone immigration “massive” arrival of Muslims from Northern Africa

Underestimation of identity related issues and of the fears experienced in certain milieus faced with a rapid transformation (cleavage Montréal/rest of Quebec)

Despite the amount of normative positioning on interculturalism, lack of a global action strategy in matters of intercultural relations

A public-wide ignorance of the assets and guidelines of reasonable accommodation, despite their significant appropriation by concerned institutions

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A trigger: the Supreme Court’s judgement concerning the wearing of the kirpan in public schools (March 2006) A balanced treatment from the media Open lines and public opinion letters that reveal a great potential

for public dissatisfaction

From September 2006 to March 2007, a media campaign to “hunt” for “reasonable accommodation”

35 “cases”, almost exclusively regarding Jews and Muslims, including: YMCA frosted glass windows Prenatal courses at the Local Community Service Centre (CLSC de

Parc-Extension) Home health care during the Sabbath Exemption from music courses Parking in Outremont Pork-free menu at the sugarhouse

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A sensationalistic coverage marked by many biases: Exclusive emphasis on the excesses and problem cases

Confusion between reasonable accommodation and voluntary adjustment or even compromise between neighbours

Associating almost exclusively the reasonable accommodation topic with the integration of immigrants

Non-inclusive and polarized language

Confusion between the secularism of institutions versus that of individuals

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An insufficient and disputable political response Wait-and-see policy at the PLQ followed by election-

minded concerns

Weakness of the leadership at the PQ

Silence from the Federal parties

vs Instrumentalization of the identity issue by the ADQ and

various municipal instances (Code de vie d’Hérouxville)

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Two respected intellectuals but not very representative of the Quebec population and of its diversity

A targeted and well-defined mandate: Assess the state of accommodation practices and

related issues

Lead a wide consultation

Formulate recommendations compatible with the fundamental values of Québec

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A very broad interpretation by the commissioners, criticized by some Secularism and religion in the public sphere Integration of immigrants and intercultural relations Concerns regarding Quebec identity and the evolution of

its culture

Numerous activities (researches, hearings, meetings with experts and organization representatives, etc.) obscured by the great visibility of the public consultation 900 briefs 15 regions / 31 days of hearings 241 testimonies from “ordinary” citizens 400 000 visits on the interactive Website

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Daily coverage by the media at peak listening hours

Hearings where the majority from a French-Canadian background was split between three ideological positions difficult to reconcile: The Pluralists

The Republicans

The Traditionalists

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Concerns about the potential impact of various slip-ups during the hearings on the attitudes towards minorities, especially Muslims and Jews, however: Few openly discriminatory comments

Negative testimonies amplified by the media

Significant immigrant participation at the various forums

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An articulated and convincing deconstruction of the “crisis” and its fabrication by the media

The wisdom of being able to resist the temptation of the “Henceforth…” or the “Tabula Rasa”: A reaffirmation of the principles of liberal democracy

A continuity with the choices made by Québec society in the last 30 years, including its belonging to Canada

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An assessment of the state of reasonable accommodation that “puts things back into perspective” Stability of the requests

Diverse origins of requestors

Guidelines already clearly stated, even if they are insufficiently known or mastered by managers

Institutional assets with regards to managing diversity

A set of legitimate concerns and needs to fulfill

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A commitment to the open secularism model and to its relevance: i.e. competing models Rejection of a rigid secularism that would exclude the

expression of individual allegiances in the public sphere

Acknowledgement of the legitimacy of some symbols linked to the cultural heritage of the majority

An original position (different from that of multiculturalism and of the federal tribunals) on the expression of religious identities by civil servants

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An innovative reflection on the definition of “reasonableness” in public institutions, responding to some of the limits of a jurisprudence better adapted to the private sector Reintroduce common public values at the centre of

the concept of undue hardship

Give preference to planned harmonization practices rather than to accommodations imposed by the courts

Take a clear position in cases of conflict between rights, especially with regard to equality between men and women

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A courageous discussion of various contested issues (that also affect English Canada…) The identity concerns of majority groups

Common to all Western societies Specific to the “minority” context in Québec

Regional, social and cultural cleavages

Inequalities and discriminations affecting immigrants

“Misconceptions” of the majority with regards to minorities

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A clear position on intercultural relations

Reaffirmation of the “Québec model” of interculturalism French, the common language of public life Participation and fight against discrimination Valorization of pluralism but also of the necessity of sharing

and of respecting fundamental democratic values

Rejection of both the ethnicist temptation and of the “multicultural” otherworldliness: No specific rights linked to antecedence or to the seniority

of implementation but Overriding influence of the majority via the power of history

and numbers

The wager of openness and of confidence in the future

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A number of interesting recommendations on reasonable accommodation, harmonization practices and secularism Promotion of the common civic framework within

multiple institutions and in the general public

Instrumentation and training of managers and employees in institutional settings

Creation of an Intercultural Harmonization Office

Development of terms of reference for religious holidays

Development of a White paper on secularism

Identification of the functions when wearing religious signs becomes problematic for civil servants

Increased separation of State and Church: no prayers at municipal council meetings and removal of the crucifix from the National Assembly

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An analysis centered on Québec and on the relationships between the majority and immigrant minorities with potential negative effects Contested “ethnic” categories or, at least, out of step with the

reality in Montréal and among the youth

A limited comparative dimension, especially with regard to English Canada (presented in a stereotypical way) and some of its policies (ambiguity of positioning on multiculturalism)

Absence of English-speaking Quebeckers and of Aboriginal communities, unconvincingly justified by their particular status (vs: participation in forums and public consultations)

An extremely large approach susceptible to reinforce, within certain sectors of public opinion, the undue association between reasonable accommodation and the integration of immigrants

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A report that is more intellectually convincing than politically strategic: Length

University style of writing with a limited impact (with a few exceptions)

Weak emotional and mobilizing dimension

Extremely favourable to the pluralistic viewo Not very “accommodating” to the preoccupations of the

Republicans and Traditionalists

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Recommendations that show little innovation and lacking a “spark” when it comes to integration and intercultural relations

A few exceptions: Better recognition of the Economic and Social Rights in

the Québec Charter (extension to the articles 39 and 48 of the primacy on legislation)

Elaboration of a Policy Statement on interculturalism

Creation of an Independent Investigation Committee on the recognition of diplomas and of an independent body enabling immigrants to formulate complaints or to request a related revision

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A bad start: excerpts “leaked” in the Gazette a new Durham Report?

A more positive but mitigated reception during the launch:

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Favourable

Strong majority of Quebec and Canadian editorialists and columnists

Municipal instances and civil society organizations experiencing diversity

Federalist parties and some “sovereignist” parties (Bloc Québécois/Québec Solidaire)

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Unfavourable

Minority of Republican (Québec) or Multiculturalist (Canada) columnists

Majority of open lines, particularly facing some recommendations (crucifix, veil)

Political instances (ADQ/Hérouxville) at the origin of the crisis

Pauline Marois’ Parti Québecois(# at Boisclair’s previous position)

A recent increase in activity from the “Nationalist” camp (intellectuals et politicians) Caricature and instrumentalization of the report

(strong convictions and political interest)

A core issue: the place of the majority group’s identity

A public opinion that “buys” certain findings, while rejecting many propositions and recommendations (Survey from the Association for Canadian Studies)

The artificial and mediatic character of the “crisis” and the necessity for openness to others

Minorities should assimilate; Non-Christians threaten the Québec «culture»; no to the veil but yes to the crucifix

More positive attitudes from:o Non Francophoneso Montrealerso The youtho The elderly (impact of the hearings?)

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Tabling of the report but adoption of a series of actions reflecting the traditional strategic positioning of the Liberal Party

Very visible appeasement measures to satisfy the French-Canadian majority (ex. : crucifix, modification of the Charter, re: men/women equality)

o Objective: to court the Traditionalists and Republicans that are dominating the polls

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SHORT TERM

Concrete interventions aiming at the cultural communities with regards to non-contentious issues

o Socioeconomic integration

o Fight against discrimination and racism

Discrete initiatives in diversity training and instrumentation for public managers and employees

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Increasingly visible divisions within the Nationalist “movement”: Sincere believers in civic and inclusive nationalism, vs

those who are gradually abandoning this rhetoric

A significant influence in many milieus that need to manage diversity on a daily basis (reference frameworks, policies, training tools, etc.)

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MEDIUM TERM

Two hypotheses:

1)Possible resurfacing of the debate and a step back to the starting point

only the victory of the Republican position will be able to politically manage the dissatisfaction from the “Traditionalists”(A new “Bill 101” on laicity?)

or

2)Appeasement and rediscovery of the report and of its wisdom

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Necessary Conditions

Generational change at the Parti Québecois or rise of a new sovereignist party recreating the great “national-progressist” alliance

Significant integration of the new immigration, in particular Muslim, in public institutions

Disappearance of the question of reasonable accommodations from the radar of the media and related loss of public interest