Niqab vs. Quebec: Negotiating Minority Rights within Quebec Identity

Abstract

Quebec recently proposed legislation (Bill 94) that would require all individuals to reveal their face when seeking a government service. The proposed legislation particularly targets Muslim women who don the niqab. Underlying the present debate is an artificial dichotomy -a tension between a society's interest in defining a common sense of citizenship and minority claims that seem inconsistent with the will of the majority. A Charter challenge -even if successful -would not fully address this underlying tension. In this paper, I argue that the heart of the present controversy relates to the need for a clear conception of Quebec identity. By considering the historical, social, ethnic, geographic and intrinsic significance of the French language, I argue that the French language, not secularism, is the key element of Quebec identity and facilitates a common sense of citizenship in Quebec. If a minority claim is capable of fitting within this conception of Quebec identity, then it poses no threat to Quebec citizenship, and thus, there should be no reason to exclude the claim -in this case the claim to wear the niqab when seeking a government servicefrom Quebec society.

Meanings of the Hijab: Views of Canadian Muslim women

“…However the broader Canadian emphasis on immigrant cultural retention and human rights facilitated the subsequent overturn of this ruling (Wayland, ). Despite this initial reversal, Quebec has had repeated controversies pertaining to Islamic headscarves over the years, which has led to the introductions of Bill 94 and the Quebec Charter of Values (Choudhury, ; Quebec, ). The Charter, for example, includes specific prohibition of face coverings when receiving public services and, therefore, directly applies to Muslim women who wear niqabs (Quebec).…”

“…In Canada, much of the research on the topic has focused on the legal and political issues that have arisen surrounding the headscarf (e.g., Zine, ; Choudhury, ). Some work has also looked at Muslim Canadian women's experiences from their own perspectives (e.g., Ruby, ; Zine, ).…”

Unveiling the myth of the Muslim woman: a postcolonial critique

“…The Quebec government fully supported the expulsions and in March, 2010, tabled Bill 94 (Choudhury, 2012). The proposed bill requires that the face be visible during a person's interaction with government employees including education, health, social services and daycare.…”

“…The proposed bill requires that the face be visible during a person's interaction with government employees including education, health, social services and daycare. In essence, the Bill targets women wearing the niqab (religious face veil) who are employed by the government or are seeking governmental service (Quebec, 2010;Choudhury, 2012). As debates related to Bill 94 continue, concerns are expressed about the impact of the ban on Muslim women's access to civic participation and public service.…”

“…In early 2010 in the Province of Quebec, Naema Ahmed, an Egyptian-born pharmacist, was twice expelled from French language instruction classes for refusing to show her face in front of her male instructor. The Quebec Government fully supported the expulsions and in March, 2010, tabled Bill 94 (Choudhury, 2012). The proposed bill requires that the face be visible during a person's interaction with government employees including education, health, social services and daycare.…”