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ACCOMMODATION AND DIFFERENCES
Seeking Common Ground:
Quebecers Speak Out
CONSULTATION DOCUMENT
dialogue
makes a differenceReproduction in whole or in part of this document is authorized provided that the source is acknowledged. Legal deposit – Bibliothèque et Archives nationales du Québec, 2007 ISBN 978-2-550-50420-7 © Gouvernement du Québec Printed on Rolland Enviro100 Print paper containing 100% post-consumer fibre, certified EcoLogo, processed chlorine free and manufactured using biogas energy. 100 %
TABLE OF CONTENTS SUMMARY OF THE CONSULTATION DOCUMENT ........................................ V INTRODUCTION .......................................................................................................... 1 PART I THE COMMISSION....................................................................................................... 3 A. MANDATE..................................................................................................................... 3 B. PROBLEM IDENTIFICATION ................................................................................... 4 C. THE COMMISSION’S OBJECTIVES ........................................................................ 6 D. PUBLIC CONSULTATION .......................................................................................... 6 E. TERMINOLOGY........................................................................................................... 7 PART II OVERVIEW OF THE CONTEXT................................................................................ 9 A. QUÉBEC’S DEMOGRAPHIC PROFILE ................................................................... 9 1. Fertility....................................................................................................................... 9 2. Ageing of the population and immigration..................................................... 9 3. Ethnocultural diversification................................................................................. 10 4. Immigrants............................................................................................................... 10 5. Francization ............................................................................................................. 11 Conclusion.................................................................................................................... 11 B. RELATIONS BETWEEN CITIZENS: PRINCIPLES AND BASIC TEXTS.............................................................................. 11 1. Preamble: liberal democracy in Québec .......................................................... 12 2. French as the common public language ........................................................ 13 3. Québec’s integration policy................................................................................. 14 Conclusion.................................................................................................................... 15
PART III THE FOUR DIMENSIONS OF INTERETHNIC RELATIONS AND HARMONIZATION PRACTICES ......................................... 17 A. VALUES AND RIGHTS................................................................................................ 18 1. Overview .................................................................................................................. 18 2. Questions................................................................................................................. 18 B. CULTURAL DIVERSITY............................................................................................... 19 1. Overview .................................................................................................................. 20 2. Questions.................................................................................................................22 C. COLLECTIVE INTEGRATION .................................................................................... 22 1. Overview .................................................................................................................. 22 2. Questions.................................................................................................................24 D. SECULARISM ............................................................................................................... 25 1. Overview .................................................................................................................. 25 2. Questions................................................................................................................. 26 E. HARMONIZATION PRACTICES ............................................................................... 27 1. Overview .................................................................................................................. 27 2. Questions................................................................................................................. 30 F. SIMULATION ............................................................................................................... 33 CONCLUSION ................................................................................................................. 35 APPENDICES................................................................................................................... 37 APPENDIX I EXCERPT FROM QUÉBEC GOVERNMENT ORDER IN COUNCIL ....................... 39 APPENDIX II GLOSSARY.......................................................................................................................... 41
SUMMARY
OF THE CONSULTATION
DOCUMENT
OVERVIEW GRASPING THE PROBLEM of public intervention stemming from
AT ITS SOURCE the ideal of the most harmonious pos-
On February 8, 2007, Québec Premier Jean Charest sible management of our life together.
announced the establishment of the Consultation The Commission’s mandate, as It will be important to bear in mind
Commission on Accommodation Practices Related to defined, could be broached in two this distinction throughout the
Cultural Differences in response to public discontent ways, in a broad sense or in a nar- Commission’s consultations. On the
concerning reasonable accommodation. The Order rower sense. The narrower sense same topic, we will also adopt the
in Council establishing the Commission stipulates would consist in confining the concept of intercultural harmonization
that it has a mandate to (a) take stock of accommo- Commission’s deliberations to the to indicate the entire array of
dation practices in Québec; (b) analyse the attendant strictly legal dimension of reasonable reasonable accommodation and con-
issues bearing in mind the experience of other accommodation. This notion, which certed adjustment practices.
societies; (c) conduct an extensive consultation on stems from labour-related jurispru-
this topic; and (d) formulate recommendations to the dence, refers to a form of arrangement The second approach to the
government to ensure that accommodation practices or relaxation aimed at combating the Commission’s mandate would be to
conform to Québec’s values as a pluralistic, discrimination that a seemingly neutral perceive the debate on reasonable
democratic, egalitarian society. norm can bring about in its effect, usu- accommodation as the symptom of a
ally an infringement of an individual’s more basic problem concerning the
right to equality. In general language, sociocultural integration model that
the meaning of the concept has gone has prevailed in Québec since the
beyond this legal definition and 1970s. This perspective calls for a
encompasses all forms of arrange- review of interculturalism, immigra-
ments allowed by managers in public tion, secularism and the theme of
or private institutions in respect of stu- Québec identity. The Commission has
dents, patients, customers, employees, decided to follow the second course
and so on. The second body of prac- with a view to grasping the problem at
tices, which we will call “concerted its source and examining it from every
adjustments,” differs essentially from angle, while taking into consideration
reasonable accommodation in the the sometimes alarmist media cover-
strict sense inasmuch as it seeks to age of the situation.
avoid recourse to the courts in favour
VA CHALLENGE FACING DIVERSITY AND SOCIAL and cultural retrenchment. For this
WESTERN NATIONS COHESION reason, occupational integration is
very important for all immigrant
Questioning and problems related to the manage- In Québec, members of the French- Quebecers, who are often recruited
ment of intercultural relations are not affecting speaking population have expressed in light of their skills and high level
Québec alone but are apparent in the Western the fear that cultural diversity might of education.
nations and beyond. Many nations are today facing undermine social cohesion. This fear
the reaction of established identities that are being probably stems from the anxiety that RENEWED DEBATE
destabilized by tenacious diversity. Such nations must their cultural and linguistic survival ON SECULARISM
also shape a pluralistic awareness that gradually took in the North American context has
root in the second half of the 20th century. Most always aroused. To what extent is fear Discontent over reasonable accommo-
Western nations are facing the same challenge, that about social cohesion founded? dation has revived debate on secu-
of reviewing the major codes governing life together Before we answer this question, it is larism (laïcité) in Québec society.
to accommodate ethnocultural differences while useful to note that Québec society The notion of secularism is complex
respecting rights. None of these societies can claim to in the past was not as homogeneous and can be understood in several
have found a quick fix. It is incumbent upon each one as we sometimes like to think. The ways, which directly affect the
of them to elaborate a solution or model that suits it, consensuses that prevailed were often rules governing togetherness. When
in keeping with its history, institutions and values and imposed in an authoritarian manner. defined as the principle of separation
the constraints that it is facing. At present, consensuses are estab- between church and State, secularism
lished differently and more freely. can sometimes be linked to the neu-
Democratic, pluralistic societies favour trality of the State in respect of various
the expression of differences and religions or world views and some-
public debate. times to the more or less complete
elimination of the religious life from
INTEGRATION the public sphere. In other words, we
may wish to defend “open” secularism
We must not underestimate the or “integral” secularism. Unlike debate
pitfalls, inequalities or discrimination that occurred in the 1960s, which
often faced by some newcomers and sought to redefine powers and the
long-established members of the division of responsibility between the
cultural communities in Québec. State and the Catholic Church, the cur-
Obstacles such as poverty and exclu- rent debate is taking place in a unique
sion are factors of social marginaliza- context of pluridenominationality.
tion and, occasionally, radicalization
VIAN OPPORTUNITY TO BE SEIZED AN INVITATION The Consultation Commission on
Accommodation Practices Related to
Quebecers are once again facing the obligation of We invite interested individuals and Cultural Difference has the duty to
seeking common ground, as they have done in organizations to submit briefs and ascertain the nature and source of the
preceding decades. Like other Western nations, meet with Commission members to conflict that is dividing Québec society
Québec must find a way to draw together different discuss the question. To sustain public in order to imagine the means of
cultures sharing the same space and that rely on the reflection, the consultation document reconciliation. This initiative can only
same institutions. This context of intercultural friction prepared by the Commission contains be carried out with the full participa-
is experienced by many as a crisis, but it can also be demographic data on Québec, indi- tion of Quebecers, which is why the
broached from a positive angle insofar as it affords us cates the texts and underlying princi- impending public consultation is
an opportunity to review and, if need be, redefine the ples that define Québec democracy so important. We urge interested
ties that unite us. (Charter of Human Rights and individuals and groups to make
Freedoms, Charter of the French themselves heard.
It is in this spirit that the Commission is conducting its language, and so on), takes stock of
deliberations by focusing on three concrete ethnocultural diversity and Québec’s
objectives. Specifically, it is seeking to (a) clarify the integration policy, and focuses on the
existing situation; (b) provide a reference framework nature of reasonable accommodation
to facilitate decision-making among the managers of and concerted adjustments. The
public and private institutions; and (c) share its document also includes a series of
reflections and formulate recommendations questions pertaining to different facets
concerning the future of interethnic relations and the of the debate and a simulation exer-
method of integration that Québec society adopts. To cise for readers, who can inform the
achieve these aims, the first step consists in the Commission of the harmonization
Commission’s listening to Quebecers. To this end, it practices that they deem to reflect
has created a Website on which individuals may Quebecers’ shared values and their
express themselves (www.accommodements.qc.ca) own opinions (“If you had to
and, starting in September 2007, it will conduct an decide…”).
extensive public consultation throughout Québec.
VIIINTRODUCTION
Under our mandate, starting in September we will To structure the impending discus- consultation on this topic; and
conduct public consultations throughout Québec. sions, Part III of the consultation docu- (d) formulate recommendations to the
This consultation document is intended for individu- ment reviews the question from the government to ensure that accommo-
als, groups, organizations or institutions that wish to standpoint of the four key dimensions dation practices conform to Québec’s
be heard by the Commission by submitting a brief or of accommodation or harmonization values as a pluralistic, democratic,
simply by testifying before it. To this end, Part I pro- practices,* i.e. values and rights, cul- egalitarian society (see Appendix I).
vides useful information on our interpretation of our tural diversity, collective integration
mandate and the objectives we are pursuing, the (especially of newcomers), and secu- The government’s decision stemmed
Commission’s activity plan, the organization of the larism.* It also presents an overview of from expressions of discontent in
consultation and other information. Part II presents reasonable accommodation* as such, recent years, especially over the past
information and indicates considerations likely to including a brief outline of its ramifica- months, concerning what is rightly or
enlighten reflection by Quebecers, focusing mainly tions and methods of application. A wrongly called reasonable accommo-
on Québec’s demographic situation, ethnocultural series of questions is formulated in dation.* What was in question were
statistics*1 and basic legal and legislative references. respect of each of these themes, to initiatives or measures taken to ensure
which the authors of briefs are invited fuller respect for the right to equality
to respond. The consultation docu- and, in the case of minority religious
ment concludes with a simulation practices, freedom of religion. Legally
exercise in which the public is invited speaking, reasonable accommodation
THE COMMISSION’S MANDATE originates in jurisprudence. Although it
to participate and which might
a) take stock of accommodation practices
prove as intellectually stimulating as is rarely formally spelled out in legisla-
in Québec;
b) analyse the attendant issues bearing in it is instructive. tion, accommodation is deemed to be
mind the experience of other societies; included in the right to equality that
c) conduct an extensive consultation; Québec Premier Jean Charest the charters recognize. It is a mecha-
d) formulate recommendations to announced the establishment of nism that the Supreme Court of
the government the Consultation Commission on Canada, which drew inspiration from a
Accommodation Practices Related to concept already recognized in the
Cultural Differences on February 8, United States, sanctioned in 1985 in
2007. The Order in Council estab- order to combat indirect discrimina-
lishing the Commission stipulates that tion,* which, following the application
it has a mandate to (a) take stock of of an institutional norm* such as a
accommodation practices in Québec; statute, rule, regulation, contract,
(b) analyse the attendant issues bear- administrative decision or customary
ing in mind the experience of other practice, infringes a citizen’s right to
societies; (c) conduct an extensive equality or freedom of religion.
1. Terms marked with an asterisk (*) are defined in the glossary (see Appendix II).The scope of reasonable accommodation, in a legal A number of cases of accommodation Moreover, it should be noted that the
sense, is very broad, ranging from public institutions in the broadest sense or incidents discontent mentioned earlier is largely
(the school system, the health care network, linked to cultural differences widely associated with Quebecers of French-
detention centres, government service organizations) covered by the media have fuelled Canadian origin, which is why they are
to private organizations (commercial or industrial the controversy. Some examples that sometimes quoted in this document.
establishments, community agencies, and so on). As come to mind are the erub* and However, it would be a mistake to
a rule, accommodation measures are intended to the sukkah* in Outremont, prayer conclude that the phenomenon
protect individuals such as the members of minority rooms at the École de technologie extends to all such Quebecers,
groups likely to be wronged by the application of supérieure, the carrying of a kirpan* in many of whom, it must be empha-
norms* prescribed by an institution or organization. a school in the Commission scolaire sized, fully approve the accommo-
Marguerite-Bourgeoys in Montréal, the dation practices found in our
It should also be noted that, in general language, the frosted windows of the YMCA on institutions.
concept of accommodation has gone beyond this avenue du Parc in Montréal, the sugar-
strictly legal framework to encompass all forms of house in Mont-Saint-Grégoire in the The consultation to be launched next
voluntary arrangements willingly allowed by the Montérégie region, ablutions per- September will allow us to re-examine
managers of public or private institutions in respect formed in sinks in various establish- all of these questions in order to shed
of students, patients, customers, employees, and so ments, or the announcement made light on the recent controversy and the
on. It can also be used, in general language, in last March by the Chief Electoral tension that has arisen here and there.
respect of agreements or attempts to reach Officer of Québec that Muslim voters
agreement in the private sector.2 wearing the niqab* or the burka*
would be allowed to vote without
having to expose their faces to
identify themselves.
2
2. See point E in Part III for a more detailed discussion of the question.A
MANDATE
PART I
THE COMMISSION
We could have confined our deliberations solely to Briefly, had we adopted a narrow inter- We have also set two limits to our
an examination of reasonable accommodation as pretation of our mandate, we would mandate. The first one concerns the
such by endeavouring to ascertain in what way it have focused, by and large, on (a) the English-speaking minority. This com-
represents for some Quebecers a source of anxiety ins and outs of reasonable accommo- munity, which is obviously part of what
but quickly realized that this problem masks another, dation as a legal mechanism and (b) is called the host society, is fully
much more basic one. It is true that some protests the conception of a frame of reference experiencing Québec’s ethnocultural
targeted only one kind of accommodation linked to accompanied by guidelines governing diversity* and is thus closely concerned
certain religious practices, but what numerous critics accommodation practices. A broad by the Commission’s mandate. Such
appear to call into question, at least indirectly, is the interpretation encouraged us to being the case, to avoid any ambiguity,
sociocultural integration* model adopted in Québec extend our reflection beyond accom- we wish to specify that, even if our
in the 1970s. This perspective compels us to re- modation in the strictly legal sense in deliberations led us to re-examine
examine interculturalism,* relations with the cultural order to also analyse the basic ques- Québec society’s integration model, the
communities, immigration, secularism* and the tions underlying accommodation, i.e. English-speaking minority’s particular
theme of Québec’s identity as part of the French- the relationships between cultures and status in Québec need not be called
speaking countries and communities of the world. In the nature of togetherness. We have into question. Rights and prerogatives,
a word, it is, in particular, the management of adopted the latter perspective. e.g. the right to public services in
diversity, especially religious diversity, that appears the English language guaranteed by
above all to pose a problem. We therefore felt it was We can justify our choice another way. the Canadian Constitution must be
necessary to interpret our mandate in a broad Reasonable accommodation, in keep- respected. Furthermore, the National
perspective, perfectly aware of the enormous ing with the spirit of the law and the Assembly has already recognized that
difficulties the task implies. charters, seeks to counter the “there exists a Québec English-
discrimination that an individual speaking community that enjoys long-
experiences and each case is handled established rights.”3
individually. Recent events have
REASONABLE ACCOMMODATION shown that accommodation or
IS A LEGAL NOTION harmonization practices have a much
This notion stems from labour-related broader scope. They go beyond the
jurisprudence and refers to a form of individual and assume a collective
relaxation aimed at combating the dimension. We must take into
discrimination caused by the strict account this significant shift in the
application of a norm some of whose elaboration of our approach.
effects can infringe an individual’s right
to equality.
3
3. Preamble of the Act respecting the exercise of the fundamental rights and prerogatives
of the Québec people and the Québec State (R.S.Q., c. E-20.2) adopted in December
2000 by the National Assembly.PROBLEM IDENTIFICATION
B
Similarly, we are not contemplating reconsidering in The preliminary studies and meetings The controversy over accommodation
any way whatsoever the political and legal status of that we have conducted in recent has led several Quebecers of French-
the aboriginal peoples. Once again, the Québec weeks5 have convinced us that reflec- Canadian origin to believe that the eth-
National Assembly has recognized the existence of tion must take place in a broad nic minorities are taking for granted
the 11 nations living within Québec’s borders and perspective that allows us to grasp all the host society’s values and institu-
their specific rights.4 Section 35 of the Constitution facets of the current controversy. At tions. Their reaction may be perceived
Act, 1982 also recognizes the existing aboriginal and this stage in our deliberations it is as a protest on behalf of the culture of
treaty rights of these peoples. The relationship certainly too early to attempt an accu- a founding people established for four
between the aboriginal peoples and Québec is a rate diagnosis. For example, we must centuries in this territory and worried
nation-to-nation relationship. Such being the case, carefully acknowledge the role played about its heritage. It may also be
given that accommodation practices stem very by occasionally alarmist media perceived as the reaction of a French-
broadly from the right to equality, it might have coverage little concerned with the facts speaking community, which, while
seemed logical to include in our field of study the sit- before we can ascertain the scope and it forms a majority in Québec, is
uation of the aboriginal communities, but we were meaning of public reaction.6 However, nonetheless a minority on the
compelled to decide otherwise. The topic falls several significant points are already continent, i.e. roughly 2% of the
outside the purview of our mandate, even very fairly clear. The opinions expressed in population of North America, which
broadly interpreted. Without in any way calling into recent months bring back to the fore explains a persistent feeling of fragility
question the rights that are at the heart of aboriginal the question of secularism (laïcité). among some Quebecers.
claims and despite the discrimination to which they There appears to be considerable
have always been subject, we believe that they do uncertainty, indeed, a malaise in
not fall within the ambit of our mandate. Québec society, concerning our
relationship with religion.* At the same
time, Quebecers of French-Canadian
origin strongly support the rights
GRASPING THE PROBLEM stipulated in the Québec and Canadian
AT ITS SOURCE charters, but they also continue to be
Aside from its legal aspects, the deeply attached to their identity,
problem of reasonable accommodation traditions and heritage. If the legal and
encourages us to re-examine different identity dimensions have coalesced
facets of our sociocultural integration
fairly harmoniously in recent decades,
model, i.e. interculturalism, immigra-
tion, secularism and the Québec identity.
some friction now seems apparent.
4. March 20, 1985 resolution of the Québec National Assembly on
recognition of the rights of the aboriginal peoples and May 30, 1989
resolution on the recognition of the Malecite Nation.
4 5. These meetings with focus groups* assembled experts, the representatives of organizations, professionals working in public institutions, and individual Quebecers of
various backgrounds and origins. We were also able to put to good use the initial findings of the research we sponsored. In addition, we received numerous e-mails
from individuals after the announcement on February 8, 2007 of the Commission’s establishment.
6. Perhaps the most striking example in this regard is the manner in which the incident at the Mont-Saint-Grégoire sugarhouse was handled in March 2007. Our
investigation reveals that the facts were distorted, which sustained the strong reaction to it. In fact, the incident was rather trifling.Other factors have, very obviously, come into play, It is important to remember that In a word, Quebecers are once again
which we will examine in our final report, but it problems of this nature are not facing the obligation of seeking
appears that we are witnessing in Québec a reaction unique to our society. To the con- common ground, as they did starting
whose scope has yet to be determined against an trary, they are apparent throughout with the Quiet Revolution and during
integration model that some people believe is too the Western nations and beyond. The subsequent decades with the estab-
permissive toward certain members of the ethnic most striking cases include England, lishment of state control over the
minorities, who are quickly placed in the same cate- Holland, Denmark, Norway, France, school system, the Charter of Human
gory as all of the communities concerned. This Germany, Belgium, Austria, Australia, Rights and Freedoms, Bill 101, and
movement, it should be said in passing, is perhaps the United States and, to a lesser intercultural policy. Like other Western
accompanied in certain segments of the population extent, English-speaking Canada. nations, Québec must find a way to
by a credibility gap in respect of their elites. All of this These nations are contending with a draw together different cultures
is occurring at a time when, for various reasons, reaction by old identities that are being sharing the same space and that
many Quebecers are experiencing a period of uncer- destabilized by ethnocultural diversity rely on the same institutions.
tainty and questioning. This mood is undoubtedly that demands to be acknowledged. All Unsurprisingly, some Quebecers
not unrelated, in particular, to various signs of socio- in all, we must emphasize, most perceive this context of intercultural
cultural fragmentation (in identities and ideologies, Western nations are grappling with the friction as a crisis, especially in a
between generations, between the regions and same challenge, that of reviewing society such as ours where, as we
Montréal, and so on), to the surge of mass culture the major codes governing life noted earlier, the majority culture in
and growing economic insecurity linked to economic together to accommodate ethno- Québec is itself a minority culture on
globalization, including company migration. cultural differences while respect- the North American continent.
ing rights. Let us add that none of
these societies can claim to have On the other hand, this uncertainty
found a quick fix. It is incumbent upon can also be broached from a positive
A CHALLENGE each one of them to elaborate a solu- angle insofar as it affords us an
FOR WESTERN NATIONS tion or model that suits it, in keeping opportunity to review and, if need
Almost all Western nations are facing the with its history, institutions and values be, redefine the ties that unite us.
same challenge, that of reviewing the and the constraints that it is facing. It is up to us, i.e. all Quebecers, to dis-
major codes governing life together to play trust, moderation and mutual
accommodate ethnocultural differences respect, imagination and daring.
while respecting rights.
5OBJECTIVES
C
THE COMMISSION’S
D
PUBLIC
CONSULTATION
The Commission’s practical objectives reflect this vast Under our mandate, we are meeting democracy, as we have already done
horizon and are threefold. First, we wish to clarify the with numerous experts and conduct- on different occasions in the past. We
situation. What exactly are accommodation practices? ing research to fully understand the must all seek the same objective: to
What has spawned such practices? What kinds of nature of accommodation practices conceive of a fair, original model of
problems are they intended to solve? What is their and accurately take stock of them. collective life of which we are proud.
future in our society? Second, in much more concrete Such being the case, and above all at
terms, we are seeking to situate the entire array of this stage of our deliberations, we are This is a daunting but very noble
accommodation practices in a coherent reference listening to the public. For this reason, responsibility, one that is incumbent
framework from which the managers of public and we have created a Website to enable upon each and every one of us. It is
private institutions might draw inspiration in their all Quebecers to express themselves in important to remember, indeed, that
decision-making. To this end, one of our priorities is French or in English on the topics that the conclusions we reach will attract
to dissipate the disinformation and confusion we are proposing or any other aspect the attention of a very broad public, far
surrounding this topic in order to restore its proper of accommodation practices. It is also beyond our borders. As we have
proportions. The consultation and discussions that in this spirit that we will visit Québec’s noted, the question of ethnocultural
we will carry out throughout Québec starting next regions and principal cities between diversity concerns all democratic
September will be very valuable in this respect. In a September and December 2007 to hear nations. We have an opportunity to
broader perspective, we hope to engage in reflection Quebecers’ reflections and suggestions. put our mark on a very important
and formulate recommendations on the future of debate.
interethnic relations and Québec society’s method of This public consultation is of the
integration. However, it is very obvious that these utmost importance. We expect it to We encourage interested individuals
three objectives can only be achieved at the give rise to frank, open discussions and organizations to submit briefs and
conclusion of a genuine dialogue with the public. that are tempered by reason and to attend the public hearings to discuss
civility. In broaching head-on and in them. During the public hearings, we
depth the questions that concern our also want to hear testimony from
society, we also hope that this consul- individuals who, although they have
tation will reveal extensive positive not drafted a brief, would like to briefly
THE COMMISSION’S
experience throughout Québec of testify about their relevant experience or
CONCRETE OBJECTIVES
a) clarify the existing situation; intercultural differences. We are share their opinion on a particular point.
b) provide a reference framework convinced that we can make this oper-
for the managers of institutions; ation a major demonstration of
c) formulate recommendations
concerning the integration model.
AN INVITATION
Quebecers can express themselves on the
Commission’s Website and by submitting
briefs. Starting in September, the
Commission will conduct a sweeping
consultation throughout Québec.
6E
TERMINOLOGY
To facilitate our discussions on accommodation The first is the citizen (or citizen coop- cooperation leads, to the mutual satis-
practices and the attendant themes, it would be eration) sphere. It is in the nature of a faction of the parties, to an arrange-
advisable to rely where possible on a common democratic, pluralistic society to want ment that we will call concerted
vocabulary. In this spirit, we are proposing the follow- to eliminate all forms of discrimina- adjustment.*
ing concepts pertaining to accommodation or tion, including that stemming from
arrangements related to cultural differences.7 cultural differences, which it normally The second sphere is the legal
succeeds in doing through compro- sphere. The law imposes on all
In all instances, accommodation is based on the prin- mise, reconciliation and negotiation. managers in the public and private
ciple of negotiation, whether or not it is formal, This task targets both the public and domains a formal obligation of accom-
between two parties, usually an individual and an private domains, especially State modation. As we have seen, legal
organization, the first of which claims to be the victim institutions, in which occurs almost language resorts to the concept of
of discrimination. Such negotiation seeks to strike a daily cooperation between managers reasonable accommodation to
balance between each party’s rights without and users such as patients, customers, refer to relaxation measures or
imposing an undue burden on the party target- students, or employees who, when arrangements aimed at countering
ed by the complaint. Beyond this general formula- they believe that the effect of a norm* direct or indirect discrimination* linked
tion, it must be emphasized that accommodation infringes on their rights, request that to certain personal differences
practices or arrangements fall under two largely the method of application of the protected by law. We should also point
overlapping spheres that we must avoid confusing. norm* be modified. Indeed, experi- out that the courts may impose certain
ence has shown that in any demo- arrangements, e.g. in the case of the
cratic, pluralistic society, cooperation kirpan* or the sukkah.* In most
is, in a manner of speaking, inherent in instances, attempts to achieve con-
the citizen sphere. certed adjustment having failed, the
parties resort to the courts. However,
The main characteristic of such coop- generally speaking, the arrangements
eration is that it is normally under- are much more often obtained in the
taken privately and informally (it does citizen sphere than in the legal sphere.
not cause intervention by institutional As Part III reveals, the field of
third parties such as the courts or the concerted adjustments is also much
Commission des droits de la personne broader than that of reasonable
et des droits de la jeunesse). In the accommodation stemming from the
course of this exercise, managers can legal sphere. Indeed, we might say
sometimes resort to consultants or that, sociologically speaking,
community leaders whose varied concerted adjustment* not only
CONCERTED ADJUSTMENT contributions may include informal goes beyond but also precedes
Concerted adjustment is usually granted mediation. If everything goes smoothly, reasonable accommodation.
by the manager of a public or private
institution following amicable agreement
or negotiation with users or employees.
7
7. Point E in Part III examines the question in greater detail.When attempts at adjustment fail, which is rare, Moreover, we will speak of harmo- • Similarly, we will take into account
according to the information that we have assembled nization measures* or practices to the observations of the United
until now, a complainant may turn to the legal indicate the array of arrangements or Nations, which disapproves of the
system. The first step in this process is the forms of relaxation, whether they are expression “visible minority”
Commission des droits de la personne et des droits negotiated privately or imposed by because of its biological reference.
de la jeunesse, an administrative body that receives legal means. • The term “xenophobia” (hostility
and examines complaints concerning discrimination to foreigners) is incorrectly used
and requests for reasonable accommodation. The Below are some additional remarks to refer to feelings and
Commission obtains the parties’ observations and concerning terminology. expressions of hostility toward
may propose to them mediation or a remedial members of long-established
measure. If the latter is rejected by the party to whom • We will avoid using the term ethnic minorities in Québec. Such
the discrimination is attributed, the case may proceed “tolerance” as a synonym for individuals are clearly not for-
through legal channels, usually by means of recourse openness toward the other or eigners but longstanding fellow
to the Tribunal des droits de la personne. It should respect for differences. Indeed, citizens. In this instance, we sug-
also be noted that nothing prevents an individual we believe that, in certain gest instead the term hetero-
who believes that he8 is the victim of discrimination contexts, the word may have a phobia* to indicate fear, a
from directly bringing the matter before a regular law somewhat haughty connotation malaise or an aversion to what is
court, either the Court of Québec or the Superior that implicitly confirms the superi- different rather than foreign.
Court, depending on each court’s jurisdiction. ority of one cultural trait or • Islam* (the religion of Muslims)
element over another. must not be confused with
Islamism* (currents, often radical
or fundamentalist,* that combine
REASONABLE ACCOMMODATION
the religious and the political).9
AND CONCERTED ADJUSTMENTS
INTERCULTURAL
MUST NOT BE CONFUSED
While reasonable accommodation lies HARMONIZATION PRACTICES
within the legal sphere, concerted Such practices encompass all
adjustments are inherent in the citizen forms of relaxation or arrange-
sphere. They are based on the ideal of ments in favour of an individual
the most harmonious management or a minority group threatened
possible of living together and are with discrimination. Reasonable
achieved outside the courts. accommodation and concerted
adjustments are two forms of
intercultural harmonization.
8
8. In the interests of stylistic simplicity, the masculine form of pronouns is used and indicates without
discrimination both women and men.
9. In addition to the definitions found in the body of the consultation document, Appendix II contains a
general glossary.QUÉBEC’S
DEMOGRAPHIC PROFILE
A PART II
OVERVIEW OF THE CONTEXT
Part II of the consultation document is strictly factual Portugal, Italy or Greece, although it also importance of immigration is not
and descriptive. It is intended to provide general exceeds that of several other countries.13 entirely new in our history as, since at
information on Québec’s population10 and the basic least the 1960s, Québec has ranked
norms that govern living together in our society. We 2. AGEING OF THE among the top 10 host countries of
believe that Quebecers who draft briefs may find this POPULATION AND immigrants* among the OECD
contextualization useful. IMMIGRATION countries.16
1. FERTILITY One important piece of information However, what is new at present is that
concerns the ageing of the popula- Québec is retaining greater numbers
Québec’s population is on the order of 7.6 million, tion: the 65 or over age group of newcomers. In January 2000, the
nearly half (47%) of it concentrated in the Montréal accounted for 5% of Québec’s popula- retention rate stood at 77% for immi-
area. The overall population continues to rise, but tion in 1941 and 13% in 2001. It will be grants admitted between 1989 and
because of the low fertility rate (1.5),11 net migra- on the order of 30% by 2050.14 Even if 1998, as against 80% in 2007 for
tion12 is becoming increasingly important as a growth current immigration and fertility rates immigrants admitted between 1996
factor: it accounts for over 60% of annual growth in are maintained, the total population and 2005. Similar data were produced
Québec and in Canada, as against 51% in the indus- will start to decline after 2031, which in the early 1980s but they are scarce-
trialized nations overall. Such being the case, means that immigration will remain for ly used because of methodological
Québec’s fertility rate is the same as that in most a long time a basic given in Québec’s problems. They nonetheless allow us
Western societies. Compared with Europe, for demographic dynamic. It may even to conclude that the retention rate is
example, it is slightly higher than the rate observed in need to increase since, starting in significantly higher now than it was in
countries such as Germany, Switzerland, Spain, 2020, immigration alone will ensure the past.
population growth.15 However, the
10. Population data and changes in such data are drawn from Statistics
Canada Census data. Information on immigration is drawn from the
database on landed immigrants of the ministère de l’Immigration et
des Communautés culturelles du Québec, processed by demographer DEMOGRAPHIC DATA
Victor Piché, an honorary professor at the Université de Montréal.
Other sources will be explicitly indicated, if need be. Québec’s population stands at 7.6 million,
nearly half of it concentrated in the
11. This is the total fertility rate, i.e. the average number of children born to
a woman, which is one of the most widely used measurements to com- Montréal area. Some 88% of immigrants
pare the reproductive rates of populations. The minimum population in Québec live there, where they account
replacement rate is deemed to be 2.1 (Institut de la statistique du for 19% of the population (9.9% of the
Québec, Données sociodémographiques en bref, Vol. 8, No. 2,
population of Québec).
February 2004, 8 pages, page 2).
12. Net migration includes total international migration (arrivals and depar-
tures) and interprovincial migration (arrivals and departures). It is the
international balance of migration that explains the importance of net
migration in annual population growth, since the interprovincial bal-
ance of migration has been negative since 1963, except for 2003
(Institut de la statistique du Québec, Migrations internationales et
interprovinciales, Québec, 1961-2006, 2007. Id., La situation démo-
graphique au Québec, bilan 2006, 88 pages, Chapter 2, pages 39-46
[updated December 7, 2006]). 9
13. Ibid., Chapter 5, page 73.
14. Ibid., Chapter 2, page 45.
15. Institut de la statistique du Québec, Perspectives démographiques, Québec et régions, 2001-2051, 2003.
16. United Nations, Trends in Total Migrant Stock, 1960-2000, 2003 Revision, Population Division, Department of Economic and Social Affairs, 2004.3. ETHNOCULTURAL Ethnocultural diversity is also a 4. IMMIGRANTS
DIVERSIFICATION structural given in Québec’s popu-
lation, one that must always be dealt It should be noted that in 2001 im-
What is also new is the more diversified nature of with. Moreover, we know that it is migrants accounted for 9.9% of
immigration, which is apparent in the ethnic profile massively concentrated on Montréal Québec’s population, as against 6.6%
of the population: Quebecers of other than French or Island.17 Such being the case, the in 1871 and 8.8% in 1931. This propor-
English origin accounted for 2.2% of the overall proportion of Quebecers whose tion is relatively low when compared
population in 1901, 10.4% in 1971 and 22.2% in 1991. mother tongue is French is fairly stable with the proportion in Canada
Data on ethnic origin are no longer comparable after (81.4% in 1986 and 80.9% in 2001).18 (18.4%), Ontario (26.8%), British
1991 but, according to certain estimates, the The proportion of Quebecers of Columbia (26.1%) or Alberta (14.9%),
proportion for 2007 will be on the order of 25%. At French (or French-Canadian) ethnic but is similar to that of the developed
the same time, the countries of origin of immigrants origin has thus declined (it is on the nations and slightly higher than that of
are much more diversified and now encompass all of order of 70% in 2007), although this the European countries.19 Moreover,
the continents. Religious affiliation also reflects decrease has been offset by the arrival most of the immigrants
cultural diversification: it is estimated that over of immigrants* whose mother tongue established in Québec (88%) are
200 religions are now represented in Québec. is French (in particular from North concentrated in the Greater
Among the main religions, Islam* has grown the African countries). Similarly, according Montréal area.20 They account for
fastest, from 0.7% of the Québec population in 1991 to the 2001 Census, nine Quebecers 19% of the population in this region
to 1.4% in 2001, when Muslims accounted for 11.1% out of 10 said they belonged to a and 27.6% of the population of
of immigrants. “Christian” religious denomination Montréal Island. These percentages
and more than four out of five (80%) seem high but are largely surpassed by
said they were Catholic. the Greater Toronto Area (44%) and
A COMPARISON Greater Vancouver (38%). The propor-
The proportion of immigrants residing in tion of immigrants is very uneven in
the Greater Montréal area (19%) or on the Montréal boroughs, ranging from
Montréal Island (27.6%) is fairly low 12% in Lachine, Mercier-Hochelaga-
compared with other major Canadian Maisonneuve and Île-Bizard–Sainte-
cities, e.g. immigrants make up 44% of Geneviève–Sainte-Anne-de-Bellevue
the population of Toronto and 38% of the to over 40% in Côte-des-Neiges–Notre-
population of Vancouver. However, the
Dame-de-Grâce or Villeray–Saint-
proportion of immigrants in Québec is
Michel–Parc-Extension, as against only
slightly higher than in the developed
nations overall. 2.9% in the agglomeration of Québec
City (2001 Census).
17. According to the 2001 Census, respondents who said they were of
“Canadian” or “French” origin accounted for 45% of the population on
Montréal Island and 82% of the suburban population.
10 18. The population whose mother tongue is other than French or English is growing; it increased from 6% in 1986 to 10% in 2001. This upturn has occurred partly at
the expense of the population whose mother tongue is English, which decreased from 8.95% to 7.8% during the same period. The other category that declined is
individuals who declared more than one mother tongue. It should also be noted that mother tongue and ethnic origin or country of origin are two distinct indicators
that should not be confused.
19. United Nations, Trends in Total Migrant Stock, 1960-2000, 2003 Revision, Population Division, Department of Economic and Social Affairs, 2004.
20. This concentration is very high. The Greater Toronto Area, for example, accounts for only 37% of the immigrants established in Canada. Comparable percentages in
other cities: Paris (17.2%), London (39.6%), New York (14.3%) and Sydney (30.1%).B
RELATIONS
BETWEEN
CITIZENS:
PRINCIPLES AND
BASIC TEXTS
5. FRANCIZATION CONCLUSION One of Quebecers’ most frequently
mentioned concerns is the absence
From a linguistic standpoint, knowledge of French In short, certain key demographic (or perceived absence) of criteria that
and English-French bilingualism has increased parameters in French-speaking either allow for better management of
markedly in recent years. Between 1980 and 1984, Québec have not changed significant- harmonization practices related to
38% of newcomers knew French or were bilingual, a ly. In relation to the North American cultural differences, especially religious
proportion that reached 50% in the period continent, Quebecers form a minority ones, or better ensure the integration
2000-2004. Similarly, between 2001-2003 and culture. In Québec, they form a major- of newcomers. Québec has, all the
2004-2006, the average proportion of ity culture, which, despite fairly same, acquired institutions, norms and
newcomers who knew French stood at 49% reassuring signs, continues to guidelines that are components of
and 57%, respectively. It should also be noted that entertain a certain anxiety about its what can be called a common civic
knowledge of French is a factor in the retention of future, in particular against a backdrop framework or, in common parlance a
immigrants, which is to the advantage of the of globalization. Through natural “common public culture” that governs
French-speaking majority. In the allophone* movement alone (balance between living together. For the purpose of the
population (other than French-speaking, English- births and deaths), the population is impending consultation, it would be
speaking or aboriginal) established in Québec, the less and less able to ensure its growth useful to examine its nature and
proportion of individuals able to converse in French and the deficit is being offset through scope. What are the basic texts
totalled 47% in 1971 and 74% in 2001. immigrants, many of whom are not underlying our citizenship and the
French-speaking. To these data must guidelines that they provide?
be added a political dimension,
inasmuch as Québec’s demographic
weight in Canada overall is declining
DEMOGRAPHIC DECLINE steadily (36.5% of the population of
Québec’s fertility rate is similar to that Canada in 1851, 28.9% in 1951 and
in most Western nations and immigration 23.5% in 2006). On the other hand,
is thus essential for population growth, we must emphasize that key
which in turn means broader indicators of francization are
ethnocultural diversity.
rising and that French-speaking
Québec displays considerable
vitality.
111. PREAMBLE: LIBERAL The Québec democratic regime is also the basic rights of all citizens. Québec
DEMOCRACY* IN QUÉBEC liberal, since it protects rights and displayed this willingness in 1975 by
freedoms from possible abuse by the adopting the Charter of Human Rights
We should first note that Québec’s political system is majority. No one would wish, and Freedoms. Canada did the same
both democratic and liberal. It is democratic inas- for example, for a government, even by incorporating a Canadian charter of
much as political power is vested, in the last analysis, a duly elected one, to flout the rights and freedoms into the
in the hands of the people, which delegates such basic rights of a group of citizens in Constitution Act, 1982. These charters
power to representatives who exercise it on their the name of the majority’s interests. It come in the wake of the United
behalf for a given period of time. Our democracy is is precisely to ensure additional Nations Universal Declaration of
thus representative,* but is also liberal in that indivi- protection of the rights and freedoms Human Rights adopted in 1948.
dual rights and freedoms are deemed to be funda- guaranteed to all citizens that such
mental and are confirmed and protected by the State. rights and freedoms are enshrined It is not germane to examine here in
in a charter, which lays down detail the Canadian and Québec char-
We often lose sight of the extent to which the legiti- limitations on government action ters. Let us simply note that they both
macy of our political system rests on the com- and provides a framework for relations enumerate an array of rights and free-
plementarity between these two factors, i.e. its between citizens. doms that citizens may exercise, e.g.
democratic and liberal nature. This system is the right to life and equality, freedom
democratic since, as we have said, the people are These two characteristics, democracy of conscience and religion, freedom of
sovereign. All citizens are the ultimate holders of polit- and liberalism,* are equally basic and expression and association, and politi-
ical power and are deemed to be equal. Everyone it is their complementarity that cal rights and legal guarantees. It
may in principle participate in political debate and legitimizes our political system. It is should also be noted that, unlike the
exercise the right to vote. Since citizens often disagree important for these two principles of Canadian charter, the Québec charter
on political questions and vote for different parties, political legitimacy to be kept in bal- recognizes economic and social rights,
majority rule rightly prevails in a democracy. ance to ensure respect for the equality such as the right to attend public
and freedom of citizens. schools. All citizens must be able to
exercise in full equality all of these
Strictly speaking, a society need not rights and freedoms, since they are
QUÉBEC’S POLITICAL SYSTEM have adopted a charter of human deemed to be equal in dignity. The
Québec is a liberal democracy. rights and freedoms to be liberal, as preamble of the Québec charter states
Representatives of the population are defined earlier. However, the adoption that “all human beings are equal in
elected and the government of the of such a charter unquestionably worth and dignity, and are entitled to
majority undertakes to respect the basic reflects a firm commitment to defend equal protection of the law.”
rights and freedoms of all citizens.
12In this spirit, the Québec charter stipulates, 2. FRENCH AS THE as the common public language, in a
in particular, that: COMMON PUBLIC spirit of respect for the linguistic
LANGUAGE minorities in its territory:
• “Every human being has a right to life, and to
personal security, inviolability and freedom.” In Québec, French is the official • “The National Assembly intends
(section 1) language.21 The Charter of the French to pursue this objective in a spirit
• “Every person is the possessor of the fundamen- language (Bill 101), adopted in 1977, of fairness and open-mindedness,
tal freedoms, including freedom of conscience, stipulates that “French [is] the respectful of the institutions of the
freedom of religion, freedom of opinion, freedom language of Government and the Law English-speaking community of
of expression, freedom of peaceful assembly and as well as the normal and everyday Québec, and respectful of the
freedom of association.” (section 3) language of work, instruction, commu- ethnic minorities, whose valuable
• “Every person has a right to full and equal nication, commerce and business.”22 contribution to the development of
recognition and exercise of his human rights and Québec’s language policy therefore Québec it readily acknowledges.”
freedoms, without distinction, exclusion or seeks to promote French as the
preference based on race, colour, sex, pregnan- common public language. However, • “The National Assembly of
cy, sexual orientation, civil status, age except as Bill 101 does not cover the language Québec recognizes the right of
provided by law, religion, political convictions, that individuals use in the home or in the Amerindians and the Inuit of
language, ethnic or national origin, social their private lives. Québec, the first inhabitants of
condition, a handicap or the use of any means this land, to preserve and develop
to palliate a handicap.” (section 10) In keeping with Québec society’s their original language and cul-
liberal nature, the government has ture.”
Let us add that, taken individually, these rights and committed itself to promoting French Preamble to the Charter
freedoms are not absolute. They must be exercised of the French language
with respect for the rights of others and the collective
interest. “[T]he rights and freedoms of the human
person are inseparable from the rights and freedoms
of others and from the common well-being.” FRENCH AS THE
(preamble to the Charter) COMMON PUBLIC LANGUAGE
French is the official language of Québec.
Québec and Canada are committed to promoting Québec’s language policy seeks to
and defending basic human rights. Even the promo- promote French as the normal, usual
tion of cultural diversity cannot call into question this language of instruction, communication,
commitment. commerce and business, in a spirit
of respect for the linguistic minorities
in its territory.
THE CHARTER OF HUMAN RIGHTS
AND FREEDOMS
The Québec Charter stipulates the rights
and freedoms that all citizens may
exercise, e.g. the right to life and equality, 13
freedom of conscience and religion, 21. Chapter 1, Charter of the French language.
freedom of expression and association, 22. Preamble, Charter of the French language.
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