'I feel excluded' first witness says as Quebec's religious symbols ban goes on trial

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Montreal

'I feel excluded' first witness says as Quebec's religious symbols ban goes on trial

A test began Monday of the constitutionality of Quebec's secularism law, with the lead plaintiff in the case testifying the law derailed her teaching career and has made her feel excluded from Quebec society.

Groups argue secularism law unfairly bars Muslim women from public sector jobs, such as teaching and law

Demonstrators stand outside the courthouse on the first day of the constitutional challenge to Bill 21 before the Quebec Superior Court in Montreal. 'I was told that my husband won't let me work. I did not know that my husband is François Legault,' reads the sign above. (Ivanoh Demers/Radio-Canada)

A test began Monday of the constitutionality of Quebec's secularism law, with the lead plaintiff in the case testifying the law derailed her teaching career and has made her feel excluded from Quebec society.

Ichrak Nourel Hak, a Muslim woman who graduated this fall from Université de Montréal's education program, launched a legal challenge against the law hours after it was passed last year.

Since then, several other individuals and groups have launched their own challenges against the law, which bars public teachers, government lawyers, police officers and other civil servants from wearing religious symbols at work.

All those challenges — four in total — will be heard at the same time.

Each group has its own arsenal of arguments they will draw from to convince Quebec Superior Court Justice Marc André Blanchard the law violates aspects of the Canadian Constitution, including fundamental equality rights embedded in the country's legal history.

The biggest obstacle standing in their way is the law's use of the notwithstanding clause, which prevents the plaintiffs from appealing to the sections of the Canadian Charter of Rights and Freedoms that protect freedom of religion and prohibit discrimination based on gender or race.

Opponents of Bill 21 say the notwithstanding clause does not cover Section 28 of the charter, which states that rights and freedoms are 'guaranteed equally to male and female persons.' (Ivanoh Demers/Radio-Canada)
 

Many already expect the case to end up before the Supreme Court of Canada. 

Hak, wearing a black hijab, was the first person to take the stand in the case, called as a witness by the civil rights groups backing her lawsuit, the National Council of Canadian Muslims (NCCM) and the Canadian Civil Liberties Association (CCLA).

She was asked how she felt when she first learned about the legislation. "I feel excluded from Quebec society," she said. "I am a Muslim woman, but I am also a Quebec citizen."

Hak was forced to find a teaching job at a private school in Quebec, though her initial desire was to work in the public system. She said it was "inconceivable" for her to consider removing her hijab.

A lawyer for one of the groups defending the law, Mouvement laïque québécois, said the fact that Haq found a job at a private school demonstrates its discriminatory effects have been exaggerated.

"That proves the law doesn't prohibit her from teaching," Guillaume Rousseau said told reporters following her testimony.  

Bill 21 not compatible with human rights, groups say

At a news conference outside the courthouse Monday morning, Noa Mendelsohn Aviv of the CCLA said the "cruel and callous" impact of the law is destroying the future of many Quebecers.

"Human rights belong to all people in the world. Bill 21 is not neutral and it is not compatible with human rights. Bill 21 does not push religion out of government bodies, it pushes people out."

WATCH | Muslim rights group calls Bill 21 'shameful':

It's 'shameful' Bill 21 exists and that a Sikh teacher, Amrit Kaur, had to leave the province due to the law, says National Council of Canadian Muslims CEO Mustafa Farooq.   1:04

Other speakers explained how the law has had real-word consequences, exemplified in the case of Amrit Kaur, a teacher and vice-president of the Quebec chapter of the World Sikh Organization of Canada.

Last year, Kaur moved to B.C. for a teaching job so she can work while wearing her turban. She is expected to testify at the hearing Monday afternoon.

Mandeep Kaur, who also wears a turban and is a member of the World Sikh Organization, said since the law passed, she and her family have been harassed in public.

"The turban signifies equality between men and women, justice, peace, love," she said. "If there's a problem with those values, I ask myself what kind of society we want to live in."

With files from Kamila Hinkson

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