LACCOMMODEMENT RAISONNABLE DANS LES INSTITUTIONS PUBLIQUES: LE RAPPORT BOUCHARDTAYLOR PROPOSETIL UNE

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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

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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

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LA CRISE DES ACCOMMODEMENTS RAISONNABLES AU
QUÉBEC
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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)

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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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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

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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
  dHérouxville)

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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

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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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UN REGARD CRITIQUESUR LE RAPPORT
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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

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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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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

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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 view
• 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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LA PROSPECTIVE
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LES RÉACTIONS

• 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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• 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

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• 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?)

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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

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• 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

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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
• 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

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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