Multiculturalism and the Quebec Charter of Values

The recent events surrounding the tabling of the so called “Quebec Charter of Values” by the Parti Quebecois has gotten me reflecting upon the great tensions which can be seen between the forces of secularity and multiculturalism in Canada. This short essay will attempt to dissect the history of secularism and multiculturalism within Canada and illustrate the deep roots which they have within the Canadian framework.

 In Canadian jurisprudence, it can be confidently said that the greatest tool for the preservation of liberties is the Charter of Rights and Freedoms. The Charter creates the fundamental legal groundwork for the safeguard of individual rights as well as protection from the excesses of the state. Interestingly, the preamble to the Charter states that there is recognition that Canada is founded upon principles which recognize “the supremacy of God and the rule of law”. Thus, it can be contended that the fathers of Confederation envisioned a country in which there would be recognition of religion and the presence of a divine being. This view is rejected by many who state that the constitution (as well as all other legal documents)   organic and must be read in a broad and progressive manner so as to adapt it to the changing times. Proponents of this view ascribe to a doctrine of constitutional interpretation entitled the “living tree doctrine”.  However, I describe myself to be an originalist, meaning that I believe that the constitution ought to be interpreted according to the original meaning or intent of the drafters. Thus, I do believe that the fathers of |Confederation did not intend for a secular state that urged for the reduction of organized religion from the public sphere. However, we have come to accept that that in order for total inclusion to be demonstrated, the state cannot be seen to privilege one religion over another. Our government officials are expected to remain absolutely neutral from a faith standpoint when acting in their capacity as legislators and benefactors of public goodwill.

The question then becomes: “Does the “Quebec Charter of Values” promote secularity that is appropriate within the multicultural setting that is Canada? Thomas Jefferson was once quoted to have said: ““religious institutions that use government power in support of themselves” In Jefferson’s mind, the secular state is inherently exclusive. In fact, the Quebec government has proposed an insidious view of secularity that embraces the ideology that the secular state is supposed to reject. As it is currently framed, secularity in Canada is deeply tied to multiculturalism. A cultural mosaic can only exist in a state that refuses to privilege one religion over another.

In order to fully complete this analysis, there must be a discussion of the importance of multiculturalism to the Canadian experiment. Often, it is thought that multiculturalism is a sort of government policy that has no official standing or recognition in law. However, section 27 of the Charter of Rights and Freedoms states that the Charter must always be interpreted by the government and judicial figures “in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians”. In essence, this means that there can be no law enacted in the country that has an ameliorative aim or target that goes contrary to the spirit of multiculturalism. The purpose of Canadian multiculturalism is not to create a country in which a host of different cultures live and thrive together equally. Rather, the multicultural state simply recognizes that no culture is inherently inferior to another. As far as it can, the multicultural framework is one that tries to allow other cultures to preserve their traditions (including their religious traditions) in a Western nation.

In summary, the founding of Canada in 1867 was not one that was wrought in discussions over multiculturalism or secularity. Rather, it can be construed through law and history that the aim of the founders was to create a union in which all individuals can be guaranteed to receive their full measure of happiness. Over time, we have come to recognize that multiculturalism is essential to the fulfillment of the Canadian project envision by the founders. The Quebec Charter of Values is in direct contradiction to the lofty secular values it aims to rectify. Rather, true secularity is one which allows all to preserve the ideals which make their particular culture special and endearing to them.

Be Thankful!

                Often, I like to take time off and reflect on some of the things that I am lucky for and ought to show gratitude for possessing. A statistic that I find incredibly poignant is one which states that over seventy five percent of the population of the world survives on less than two dollars a day. When I thin about my spending patterns, I realize that the chocolate bar I had as a snack was more valuable than the entire diet of a child overseas somewhere. In the Holy Quran, we are reminded that “if you are thankful, you will be increased..”.  Unfortunately, it is easy to forget to take a moment to be thankful and understand the incredible blessings that enrich your daily life.

                A close friend of mine recently lost his mother. As I attempted to console him, I remembered the tremendous woman that my own mother is. I am thankful for having her in my life as the greatest motivator to change for the better and achieve my lofty goals. I am eternally grateful to my father for providing me with stability and exemplifying the qualities of a superb role model.

                As I walk down the streets of downtown Ottawa, I am confronted by many homeless and financially destitute people who yearn for opportunity and success in life. While I pass by errantly, I remember that I am grateful to have a home; to be secure of poverty and to live in relative affluence and excess. If not for the mercy and blessing of the Almighty upon me, I could have easily have been sitting downtown with a coffee cup in front of me begging for money and food.

                I am grateful to be surrounded by a tremendous group of friends who enabled me with the ability to evolve myself to be a better person. It is often said that the group of friends a person carries is reflective of their inner character. I am blessed with a circle of friends who are better than me and empower me with a desire to reach for sky and to always fulfill my goals.

                Most importantly, I am grateful to Allah, the Lord of the Worlds. I owe so much to God. No one else could have taken me from the person who I used to be less than three years ago to whom I have become now. I am grateful to him for allowing me to be born into Islam and teaching me the magnificent story of the blessed Prophet Muhammed (PBUH). I am indebted to Allah that He has given me prayer as a means to communicate directly with Him. I am grateful to Allah that He has provided me with sustenance and a means of survival that is known only by Him. Finally, I am extremely grateful that He has created me amongst the most blessed of creation. As He says: “Indeed We have honoured the children of Adam..”. No matter what I do, I will never repay Him for the innumerable gifts He has bestowed upon me. All I can do is hope that I live up to the covenant that I have  given Him that I will serve Him well.

Scripture Triggered Thoughts

            In this posting I would like to allow my mind to wander slightly and jump from reflection to reflection. As a believer, we often find it very hard to understand why someone would deny the existence of the Almighty. As I was reviewing the Quran today, I passed upon a passage which states that: Indeed We created you, so why will you not witness the truth?” Immediately, I felt a strange feeling within me and so I moved to rewind the clip so I could hear the verse one more time. Afterwards, I began to wonder why I had been so struck by this verse. After all, my divine creation was not a new concept to me. This was an idea that had been engrained in me by my parents from my early childhood. Rather, I was struck at the simplicity of the message of Allah and the logic it uses to try to stimulate the mind into comprehension. I owe so much to God simply because He provided for me in my life. My life is enriched with blessings and opportunities that are scarce for so many of my fellow humans.

            Secondly, I just would like to touch on something which I heard that hit my heart. A hobby of mine is to listen to recordings of taraweeh prayers which take place in Mecca every Ramadan. As the prayers come to a close, the Imam often will make a short supplication which is recited out loud for the faithful to listen to. One of the supplications which the Imam made was: “Oh Allah, we thank you for Your grand blessings, as You have revealed to us the best of books and sent to us the best of prophets”. After hearing this, I began to remember the incredible opportunities which have been placed in my life. I have been born into Islam and have not had to spend years in darkness and self-oppression in order to find my meaning. I have been blessed with a tremendous pair of parents who have instilled in me a sense of social justice and equality. I have been given extremely talented teachers who have worked tirelessly in helping me learn Quran. Allah blessed me in allowing me to belong to a Muslim community which has allowed me to develop and hone my skills.

I owe so much to you Allah. Ultimately, I regret many things in my life. Things I've seen, things I've done and said. However, I've never regretted anything done for Allah. The friendships forged for Him, the struggles done for Him and the lessons learned for Him. Alhamdullilah, all the good in my life is from Him alone. Only the misgivings and errors have been from myself.

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On Syrian and Intervention

                As we witness the traumatic events unfolding in Syria, we begin to wonder why the world seemingly is observing the commission of genocide passively.  As humans, we feel a sense of sympathy towards the oppressed as well as a strong feeling of anger towards the murderous regime intent on silencing a revolution through violent means. The purpose of this short reflection will be to dwell on the concept of international intervention as well as the hypocrisy that governs this principle.

                In 2003, President George W. Bush declared war on Iraq and began a military offensive against the nation because of suspicions that the government of Iraq possessed weapons of mass destruction which could be utilized against the Iraqi people as well as the American homeland. However, as time passed and no such weapons were recovered, it became evident that the purpose of the invasion was not as pristine and pure as was presented to us. Rather, it can be contended that there existed an ulterior motive that was fueled by the resources and commodities that were found in Iraq (primarily oil). In 2011, the United States and allies in the NATO organization participated in an aerial campaign intended to protect Libyan civilians from the murderous regime of Moamar Gadhafi. This was a tremendously successful campaign as it resulted in the eventual displacement of the dictator as well as facilitated the survival of the Libyan revolution. From a constitutional perspective, the legality of the American action in Libya can be contested and debated. However, it cannot be disputed that lives were certainly saved from a regime focused on the eradication of a popular revolution.

                With respect to the Syrian situation, we can observe many parallels to the aforementioned occurrences. President Bashar Al-Assad is culpable for the murder of many innocent Syrians. The murdered Syrians did not commit any crime, rather they yearned for the ability to chart their own course and control the direction of their nation. In an effort to stymie this resistance, Assad has resorted to the mass murder of his people. If we were to follow the examples illustrated above, we would have international intervention in order to ensure that mass atrocities cannot be perpetrated by Assad. In international law, there is a doctrine called the “responsibility to protect”. This particular doctrine states that the international community is responsible for the protection of civilians from mass atrocities if the government of the nation in question cannot fulfill that mandate. The government of Syria is committing mass atrocities against their people and the international community is legally responsible for the protection of the society.

                I’d like to close with a short reflection on our status as a Muslim community. All too often, we find ourselves attacking American foreign policy for consistent invasions and aggressions of Muslim lands. While these critiques may have merit, it is interesting that as Muslims we are also getting upset at the United States for not intervening in the Syrian conflict. It would be brilliant if we (Muslims) would be able to develop sophistication and strength in our own respective nations so that we would be able to manage situations that take place in our homes without looking for outsider intervention. The Arab league is a defunct organization which often holds lame duck sessions which facilitate and turn a blind eye to corruption. As Lincoln once said regarding the state of America after the civil war: “A house divided against itself cannot stand”. Let us unite our metaphorical house and cause change on this planet.

“I for one, will work with anyone, don’t care what colour you are, as long as you want to change the miserable condition that exists on this earth” – Malcolm X

Musings on Boston

                As a law student, the events which have transpired surrounding the arrest of the accused Boston bomber Dzhokhar Tsarnaev and the subsequent societal reaction has intrigued me. In writing this post, I want to comment on the legal dimension of this case and the ideas which I have pertaining to that.

                In law, there is an assumption that any individual is presumed to be innocent of the charges laid against them until rendered guilty in a court of law. This is evidenced by the 5^th amendment in the United States Constitution as well as section 11 of the Canadian Charter of Rights and Freedoms. Throughout my legal education, the presumption of innocence has been stressed upon immensely because it offers an accused individual the ability to clear their name against state allegations. Looking at the mainstream media, one cannot be blamed for thinking that Tsarnaev has already been found guilty of the crimes which he is alleged to have committed. As a society, we must refrain from mentally convicting someone before they have been afforded due process and had their day in court.

                Another issue which has been raised is that fact that the suspect will not be read his Miranda rights prior to being questioning by the authorities. While there exists no concept of Miranda rights in Canada, American legal jurisprudence requires that an accused is informed of certain rights before they are questioned. These rights include the right of the accused to remain silent, the right of the accused to retain legal representation and the fact that anything said by the suspect will be used against them in criminal proceedings. These rights are codified in the 5^th amendment of the American constitution and protect an individual from self-incrimination.  The only exception to the Miranda provisions is if there is reasonable concern for public safety because an individual may opt to remain silent. In this case, I do not see any reasonable reason to fear for the safety of the public. The suspect has been apprehended and there does not seem to be any reason to worry that there are additional lives at stake. Thus, I believe that the government is overstepping the boundaries drafted in our Constitution

                Finally, there is talk of Tsarnaev being tried as an enemy combatant. The legal term “enemy combatant” receives its legal derivation from The Law of Wars. In essence, making a person an enemy combatant strips them of the majority of their rights including the right to retain legal counsel and the right to remain silent. However, this talk ought to be treated as speculation of politicians who are totally ignorant of the law. There is no feasible way for an American citizen who committed a domestic crime in an American city to be tried under the Law of Wars. There is no alleged involvement of a state in which the United States is at war with nor is there any evidence of terrorism related affiliations. This case ought to be treated in the same manner as any other murder case in dealt with in our courts.

                To conclude, I reflect upon the legacy and impact of the American constitution. While many people may have issues with the government of America and the foreign policy it espouses, the United States constitution is a grand document which calls to high legal ideals. It is incredibly protective of civil liberties and incredibly intolerant towards government aggressions against citizens. These high ideals should not be brushed aside for expedience sake. Our founding fathers who were faced with perils that we could scarcely imagine; drafted a charter to assure the rule of law and the rights of man. This charter was strengthened by the sacrifices of generations. The continued disregard for it by the government ought to be taken as worrying. While no one may have sympathy for Tsarnaev, staying silent in the face of them will only allow the government to become bolder with their abuse of civil liberties. Remember, one day it could be you…..