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Public Letter

Bill 94, or how to deprive women of their rights

Open Letter to Québec’s Minister of Education, Bernard Drainville  

We, the undersigned, feminist organizations with diverse mandates, strongly denounce the prohibition on wearing religious symbols in the education system proposed by the Minister of Education, Bernard Drainville, in Bill 94. This new law would expand the scope of discriminatory measures introduced by Law 21, which already bans school directors, vice-directors, and teachers in the public education system from wearing visible religious symbols. Going forward, this ban would extend to students, parents who volunteer at schools, educational staff and most workers contracted by schools, even while the constitutionality of Law 21 is actively being challenged before the Supreme Court of Canada. 

The government claims to act in the name of gender equality to justify its bill. However, we strongly oppose the bill precisely because we defend the rights of all women to equality, security, autonomy and work. For women and girls practicing diverse religions, their rights will be undermined once again, just like they were with the adoption of Law 21. Even the Superior Court of Québec has recognized the disproportionate effect of Law 21 on Muslim women. 

Law 21, enacted in 2019, has had multiple negative impacts, both direct and indirect. Muslim Québécois women who wear a hijab or niqab are among those most impacted, particularly in the education sector, but all Muslim women have felt the effects of this discriminatory law. As many women have reported, the ban on wearing religious symbols has had disastrous consequences on their professional lives, limiting their career choices and undermining their economic security. This is compounded by an increase in psychological and physical violence against them. These women, who are often racialized, report experiencing more harassment in the workplace, in public and on social media.  They live in a state of hypervigilance as they develop strategies to cope with the exclusion, discrimination and hatred legitimized by this law. 

All these repercussions have led Muslim women to feel alienated from public life and excluded from Québec society. According to a Metropolis study, 64% of Muslim women are less willing to participate in civic society and public life since the adoption of Law 21. Instead of promoting inclusion and social harmony—the stated objectives of our elected officials—this law has had exactly the opposite effect. 

Knowing all these consequences, rather than reassessing Law 21, Minister Drainville is redoubling his efforts by introducing Bill 94. He is proposing to extend this discrimination to women who wear the hijab and work in after-school programs, cafeterias, as educational counsellors, psychologists or parent volunteers—all roles that are essential to public education. How far will this government go? Where do these women still have the right to exist, to work, and to flourish? 

Furthermore, the Ligue des droits et libertés has warned us that Bill 94 will use the notwithstanding clause to override 38 sections of the Quebec Charter of Human Rights and Freedoms, including the right to equality. As feminist groups, we reject such a selective vision of equality, which denies equality rights to certain categories of women. The feminism we defend is a feminism that upholds autonomy, respect, and dignity. It is one that is intersectional, anti-racist, and based on solidarity. 

Our message is clear: Minister Drainville’s Bill 94 extends the scope of discriminatory measures that disproportionately impact women, and in so doing, bypasses the Charter, a legal tool that has historically enabled women to improve their living conditions and the respect of their rights. It is highly contradictory to claim that this bill is motivated by gender equality. In this respect, we denounce the fact that feminist groups critical of Law 21 and Bill 94 were not invited to speak to the parliamentary committee studying the proposed legislation. 

Muslim women choose to wear the hijab for many reasons, and strongly adhere to the values of gender equality. We, feminist groups, support their autonomy and reject any order to wear or remove the hijab. In the name of equality, we call on Minister Drainville to withdraw Bill 94 and repeal Law 21, to engage in genuine dialogue with Muslim and feminist organizations, and to guarantee access to school without religious conditions. 

Signed by:

Audrey Gosselin Pellerin, feminist political organizer 
Réseau des Tables régionales de groupes de femmes du Québec (RTRGFQ) 

Sara Arsenault, Policy Lead 
Fédération des femmes du Québec (FFQ) 

Stephan Reichhold, Executive Director 
Table de concertation des organismes au service des personnes réfugiées et immigrantes (TCRI)  

With 17 other signatory groups:  

Fédération des maisons d’hébergement pour femmes 
L’R des centres de femmes du Québec 
Conseil d’intervention pour l’accès des femmes au travail (CIAFT) 
L’Observatoire pour la justice migrante 
DTMF – Association pour les droits des travailleur•ses de maison et de ferme 
Réseau québécois d’action pour la santé des femmes (RQASF) 
Regroupement Naissances Respectées 
Canadian Council of Muslim Women / Le conseil canadien des femmes musulmanes 
YWCA 
Fédération du Québec pour le planning des naissances (FQPN) 
Ending Sexual Violence Association of Canada / L’Association canadienne contre la violence sexuelle 
DAWN Canada 
Co-Savoir 
Regroupement québécois des CALACS 
Women’s Legal Education & Action Fund / Fonds d’action et d’éducation juridique pour les femmes (LEAF-FAEJ) 
Association québécoise des organismes de coopération internationale (AQOCI) 
Relais-femmes 

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National Office
180 Dundas Street West, Suite 1420
Toronto, ON M5G 1Z8
[email protected]
Phone: 416.595.7170
Fax: 416.595.7191

Charitable Registration Number: 10821 9916 RR0001

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