Comments on: What’s wrong with banning the niqab?

By: Safi

Safi — Mon, 15 Nov 2010 11:13:07 +0000

Dr. Beverley Baines from Queen’s University (cross appointed to law and gender studies) wrote a challenge to Bill 94 on the basis upon which it is posited — that is, sex equality. Indeed, she argues, the matter can be adjudicated against using the very reasoning & mechanism by which it is employed. It’s rather brilliant and has much cross-over with your own analysis!

http://womenscourt.ca/2010/05/bill-94-quebec%E2%80%99s-niqab-ban-and-sex-equality/

By: Philip Duguay

Philip Duguay — Sun, 25 Apr 2010 21:26:46 +0000

I wish the Canadian media gave as serious a level of analysis to this issue as you have, Daniel. What’s next, banning toques with ear flaps and balaclavas? The ski-dooing people of Québec should be wary. What happens in other countries should not affect Canada. I don’t want a French tax regime, a French labour regime, or a French social system, in Québec, British Columbia or Nunavut. I want Canada to come up with its own solutions — and furthermore, I still do not understand exactly what the ‘problem’ is to begin with? I have lived in a few urban centres in Canada, I have interacted with a lot with Muslim Canadians, and I just do not understand what pressing social burden is placed on Canadians by a woman choosing to wear a niqab. This whole situation is a side-issue, a diversion created by the press and the government during a time when the environment, our energy supplies, our health care and education systems need some serious attention. Well done, Daniel.

By: I. Hall

I. Hall — Thu, 15 Apr 2010 21:03:34 +0000

I agree with the analysis here. Except that, for the precise reasons you suggested, I doubt this will pass the rational connection stage.

But I think the government might also try to argue that since the law requires that an accommodation be denied only if it “involves an adaptation of [the face covering ban] and reasons of security, communication or identification warrant it.”

That would be a sort of built-in Section 1 test. Of course, the provision might still be a violation of Section 15(1) since it appears to target Muslim women in particular. Failing that, many individual instances of it being applied might be struck down as violations of Section 2(b), without the provision itself being struck down. The courts might instruct that the provision be read in a way compatible with the Charter and then give guidance on that.

By: Lillburne

Lillburne — Thu, 15 Apr 2010 14:15:16 +0000

Although I agree with the assessments of the prior commentators as to the excellent analysis of the article, I feel that you have oversimplified the issue. The hard case is not whether Quebec has the right to generally ban the Niqab, which as you have pointed out, it certainly does not, but on what limitations the provincial government can place on those who are wearing them. For example, would someone who wears the Niqab be entitled to drive a car, if the Niqab demonstrably impairs her vision (quite a big if), or how far would the Quebec government have to go to accomadate Niqab wearers when providing them with governmanet services. Would the Quebec government have to provide an on-call woman nurse and doctor to deal with those who woman who refused to see a male nurse or doctor? As an American law student I was wondering how Canada would deal with this connundrum.

By: Avichail

Avichail — Thu, 15 Apr 2010 03:16:55 +0000

Very well written article. I would just like to add that another danger of Bill 94 is that it might not just stop with the niqab. It risks creating a trend in Quebec society that would lead the government to pass more laws in the future limiting religious symbols in public life, not only for a small minority of Muslims women, but for all people in Quebec who visibly express themselves in religious or cultural garb.

By: Andrea

Andrea — Wed, 14 Apr 2010 09:31:21 +0000

I agree; excellent analysis.

By: Padraic

Padraic — Tue, 13 Apr 2010 15:32:32 +0000

Great piece, provides some of the thorough analysis that is badly needed. I would add that if medical treatment is going to be withheld from women wearing the niqab, section 7 is probably triggered as well.

By: SR

SR — Tue, 13 Apr 2010 12:28:04 +0000

Excellent analysis.