‘Quebec’s Value Charter Cannot Be Explained Through America’s Constitution’ – Neil Macdonald
CBC journalist Neil Macdonald makes a few points clear for his fellow Americans in his recent analysis on the news Web site.
Mr Macdonald starts the analysis by addressing his "dear American neighbours". He wrote that he was often asked about the recent controversies in his country by them. Canada is not really accustomed to that sort of attention, he said. One of the key controversies has been the Value Charter in Quebec.
The Charter of Value in the province proposes to ban "ostentatious" religious clothing and symbols which include turbans and hijabs. The ban will be applicable to anyone who gives or receives public services. Mr Macdonald wrote that it might be difficult for Americans to understand why a democratic country like Canada might impose such an "unconstitutional" ban.
Mr Macdonald explains the huge misunderstanding in his CBC article published on Sept 16. He clarifies that Canada's Constitution is quite different from the American Counterpart. While the American constitution unequivocally guarantees free practice of religion and freedom of expression, the Canadian Constitution allows the same with some exceptions.
The major difference here is that governments are allowed to ignore the Constitution in certain cases. There is a "notwithstanding clause" in the Canadian Constitution. This clause is responsible for allowing provinces to exempt any law suggested in the Constitution. Quebec is one of the provinces that have done exactly the same, Mr Macdonald explains.
The Constitution of Canada remains as a "voluntary guide,", according to Mr Macdonald. He refers to the former Prime Minister Brian Mulroney who once said that the Constitution in the country was not worth the paper it had been written on.
The Gemini Award winner finds striking similarities between Quebec and a couple of U.S. states, Oklahoma and Arizona. Mr Macdonald thinks that neither the nationalist Parti Québécois in Quebec nor the Republicans in those American states are popular among new immigrants and ethnic groups.
Similar movements were seen in Oklahoma 3 years back when a legal amendment was planned to confront the Islamic law called Shariah. The amendment was, however, speedily declared unconstitutional by federal judges. Mr Macdonald believes that the nationalists in Quebec, just like the Republicans, are doing this to rally their Christian bases which have been eroding for quite some time.
Read the original article here.