Quebec judge upholds government’s ban on prayer rooms in schools

The ban on prayer rooms in Quebec schools was upheld by the Superior Court on Wednesday morning.

A civil liberties group and a Muslim advocacy organization Tuesday requested that a Quebec Superior Court justice suspend the province’s decree, which prohibits schools from creating a dedicated space for students to pray in public schools.

Although the judge conceded that it is a “serious” issue that will eventually have to be argued in court, Judge Lukasz Granosik said there’s no urgency to suspend the decree because the school year is coming to an end.

Lawyers for the Canadian Civil Liberties Association (CCLA) and the National Council of Canadian Muslims (NCCM) told a Montreal court Tuesday that the ban would cause irreparable harm if it is not suspended while a court challenge is heard on their case’s merits.

“While this is not the decision we had hoped for, we are not going to stop until the constitutional rights of our children are protected,” said NCCM CEO Stephen Brown Wednesday. “Our legal team is reviewing the judge’s decision and we will decide on our next steps soon.”

Muslim advocacy group asks Quebec court to suspend school prayer ban

The NCCM and the CCLA filed a joint legal challenge against Quebec Education Minister Bernard Drainville’s directive, claiming it violated the freedoms of Muslim students who wanted to be able to perform their prayers at school.

The minister has said students would still be permitted to pray silently and discretely, but the groups say doing so isn’t an option for Muslims.

“Having a ban on prayer fundamentally limits the rights not only of Quebec children, but also places children in a place where they’re being surveilled and policed for their identities,” said Brown outside the Montreal courthouse Tuesday. “This has really negative impacts on children. They feel like they have to hide when they go to school. They’re worried about being punished for being who they are.”

The case was brought on behalf of a 16-year-old Muslim student at a Montreal-area high school.

Lawyers for the groups argued in court the student plaintiff at the centre of their challenge says the experience of not having a space to pray has been stressful, that they feel degraded, excluded from society and feel the government is trying to remove their Muslim faith.

“Despite this disappointing outcome, the court has indicated that this ban on prayers in schools results in significant harm to religious students in Quebec,” said Harini Sivalingam, the director of equality programs at the CCLA. “We will continue to defend the rights and freedoms of students in Quebec.”

Eric Cantin, a lawyer for the provincial government, argued that even though the directive creates a constraint, it doesn’t prevent students from exercising their rights. They say the decree is in place to keep schools as neutral as possible.