Bill 21: What Will the Government do to Protect the Rights of Minorities? Will the Use of the “Notwithstanding” Clause be Challenged?

On December 16, 2021 Senator Omidvar asked Senator Gold, the Government Representative in the Senate, what the government will do to protect the rights of minorities no matter where they live.

Hon. Ratna Omidvar: Honourable senators, my question is for the representative of the government in the Senate, Senator Gold.

Senator Gold, the Senate and the Government of Canada has an obligation to protect minorities across Canada. Yesterday, we heard from our colleague Senator Ataullahjan about the impact of Bill 21 in Quebec on one particular teacher, Fatemeh Anvari, who was removed from her teaching job because she wears a hijab.

As we all know, Quebec has invoked the “notwithstanding” clause on Bill 21. At the time the Charter was negotiated, then minister of justice Jean Chrétien said in the other place that the intention of the “notwithstanding” clause was only to be used to correct absurd situations.

Senator Gold, this is not an absurd situation. As we see, it has a real-life impact on individuals. What is the Government of Canada going to do to protect the rights of minorities no matter where they live, and what is the government planning to do to challenge this potential overreach of the use of the “notwithstanding” clause?

Hon. Marc Gold (Government Representative in the Senate): Thank you for your question. My personal views on this bill are well known to this chamber. I spoke to this in a Senator’s Statement some years ago, but in my capacity as Government Representative, I’ll answer your question.

Prime Minister Trudeau, alone amongst leaders of federal and provincial parties, has stated on many occasions that he reserves all rights to intervene at the appropriate time in the litigation that’s currently under way in the courts of Quebec. The Government of Canada has also made it clear that it disagrees fundamentally with the provisions of Bill 21 that deny someone the right to work just because of what they wear. The Government of Canada remains committed to following the litigation closely and will take whatever decisions are deemed appropriate at the appropriate time.

Senator Omidvar: Senator Gold, I’m going to quote you from your statement that you delivered in May 2019. You said:

. . . as senators, we are not the agents or representatives of our provincial governments. We were also not appointed to simply channel the opinions of the public, even if the public takes a strong stand. . . . we have the responsibility to act in the national interest, and it is in the national interest that we defend the rights of religious minorities when they are targeted by discriminatory legislation.

Senator Gold, are you repeating these words to your cabinet colleagues in government?

Senator Gold: Thank you for quoting me in this chamber. As I said in my response to your first question, I stand by what I said in my personal capacity as a senator, as a citizen, as a Canadian and as a Jew. As Government Representative, I can only repeat that the government will take the steps it deems necessary at the time that it deems appropriate and necessary.

As for my conversations with my cabinet colleagues, you will please understand that I’m not at liberty to disclose those.