L

1
LACCOMMODEMENT RAISONNABLE DANS LES INSTITUTIONS
PUBLIQUESLE RAPPORT BOUCHARD-TAYLOR
PROPOSE-T-ILUNE VOIE RÉALISTE ?

• Marie Mc AndrewCanada Research Chair on
  Educationand Ethnic RelationsChair in Ethnic
  Relations University of Montreal
• Metropolis Armchair DiscussionOttawa, 27 juin
  2008

2
PLAN DE LA PRÉSENTATION

• The reasonable accommodation crisis in Quebec
• The context
• The saga
• The Commission and its work
• A critical look at the Report
• The Strengths
• The Weaknesses
• Future prospects
• Reactions
• Potential impact

3
LA CRISE DES ACCOMMODEMENTS RAISONNABLES AU
QUÉBEC
4
LE CONTEXTE

• 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)

5

• 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

6

• 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

7
La saga

• A trigger the Supreme Courts 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

8

• 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

9

• 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
  dHérouxville)

10
LA COMMISSION ET SES TRAVAUX

• 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

11

• 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

12

• 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

13

• 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

14
UN REGARD CRITIQUESUR LE RAPPORT
15
LES FORCES

• 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

16

• 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

17

• 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

18

• 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

19

• 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

20

• 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

21

• 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

22
LES FAIBLESSES

• 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

23

• 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 view
• Not very accommodating to the preoccupations of
  the Republicans and Traditionalists

24

• 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

25
LA PROSPECTIVE
26
LES RÉACTIONS

• A bad start excerpts leaked in the Gazette? a
  new Durham Report?
• A more positive but mitigated reception during
  the launch

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)
27
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 Boisclairs 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 groups
  identity

28

• 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
• Non Francophones
• Montrealers
• The youth
• The elderly (impact of the hearings?)

29
QUEL IMPACT ?
SHORT TERM

• 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)
• Objective to court the Traditionalists and
  Republicans that are dominating the polls

30

• Concrete interventions aiming at the cultural
  communities with regards to non-contentious
  issues
• Socioeconomic integration
• Fight against discrimination and racism
• Discrete initiatives in diversity training and
  instrumentation for public managers and employees

31

• 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.)

32
MEDIUM TERM

• Two hypotheses
• 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
• Appeasement and rediscovery of the report and of
  its wisdom

33
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