Quebec court rejects injunction against ban on school prayer rooms News
Patrice_Audet, CC0, via Wikimedia Commons
Quebec court rejects injunction against ban on school prayer rooms

A Quebec Superior Court justice Wednesday denied a request for an emergency injunction against a ban on prayer rooms in schools that was instituted by the provincial government last month.

In a joint challenge, the Canadian Civil Liberties Association (CCLA) and the National Council of Canadian Muslims (NCCM) argued on behalf of a Muslim student that the ban unconstitutionally limits students’ civil rights and religious freedoms. Justice Granosik, however, reasoned that because regular classes have ended for the summer, and because the challenge was not launched immediately when the ban was announced, there is no clear and urgent reason to suspend the rule before a full trial.

He did, however, note that there are “serious questions” about the ban’s constitutionality.

“There is a head-on collision regarding the use of public space,” Granosik reasoned, “between the prohibition of overt prayer and religious practice and the secular status of this space; it is a given that the infringement of religious freedom continues.”

While Quebec Education Minister Bernard Drainville stated that students could still pray “silently” and “discreetly,” others have pointed out that Muslim prayer requires physical action, and so cannot be accommodated under the ban. CCLA Director of Equality Programs Harini Sivalingam argued that because prayer rooms are only used by a “handful” of students, the Quebec government is “trying to solve a problem that doesn’t really exist.”

After the ruling, Sivalingam stated that “Despite this disappointing outcome, the court indicated that the prohibition on visible prayers in schools results in irreparable harm to religious students in Quebec.”

“We will continue to stand up for the rights and freedoms of Quebec students.”

The prayer room ban reflects Quebec’s official policy of state secularism, or laïcité. Proponents assert that the policy of laïcité protects democratic and Quebecois values, but others argue it has resulted in laws which restrict religious freedoms and discriminate against religious and ethnic minorities.

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