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.
