The first step in a constitutional challenge of Outremont’s ticketing of minibuses used to transport chassidic children on Purim has been taken in Montreal Municipal Court.
The bus rental company and its drivers operating the prohibited vehicles were fined the last two years. They and the schools that hired them argue that the borough bylaw has a discriminatory effect on the chassidic community. They are represented by two lawyers associated with CRARR (Centre for Research-Action on Race Relations), a non-profit organization combating discrimination.
They are asking that the tickets – two in 2014 and seven in 2015 – be dismissed. They will submit a motion that the application of the bylaw (but not the bylaw itself) contravenes the equality clause of the Canadian Charter of Rights and Freedoms, as well as Quebec’s rights charter, among other sections.
The case was to have been heard on Dec. 3, but was postponed to Feb. 22. Prosecutor Hugo Lalonde asked for more time to prepare his case, which defence lawyers Aymar Missakila and Laurent Koné agreed to as long as a judgment can be rendered in time for the next Purim, March 23-24.
Challenging the bylaw’s “discriminatory effects”
Justice Martine Leclerc also granted intervenor status to two chassidic parties, the Belz School and the Yam Hatalmud Foundation, represented by May Chiu of Ouellet Nadon. Both are among the chassidic groups that rented from the defendants.
“The bylaw may have a neutral, non-discriminatory intent, but its enforcement by borough security officers and the Montreal Police Service clearly creates discriminatory consequences for the bus company and drivers who serve chassidic children, families and school and, ultimately, the chassidic community as a whole,” said Missakila.
The Purim custom among Chassidim is for children to go from house to house around the neighbourhoods spreading cheer and collecting charitable donations. About 15 minibuses are used to transport them.
“We are not challenging the constitutionality of the bylaw but its discriminatory effects,” Missakila said.
Purim revelry has long been a source of discord between the Chassidim and some other Outremont residents. There was a nasty confrontation in 2012 between Coun. Céline Forget and chassidic youths when she took photos of their activities.
In 2003, the borough adopted Bylaw 1171, which prohibits the circulation of buses on residential streets, except during “special events.” However, the first ticket connected to Purim was only issued in 2013. It was not contested.
The community thinks Purim celebrations should receive an exemption.
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There is confusion over what vehicles exactly are banned. The bylaw refers to vehicles with more than two back wheels, but the lawyers point out all minibuses now have four back wheels, which are considered safer.
Minibuses typically have 21 seats, while vans, which the borough has suggested the community use, seat 10 to 12.
“That would mean a third more expense and a third more traffic, and vans are not as safe,” said Abraham Hecht, representing the intervenors.
Besides their size, minibuses are preferable because the children get on and off from one door, unlike a van which has sliding doors on either side, he pointed out.
The fines are an average of $245 each, but Chiu stressed this is not just about the money.
“This bylaw, and other equally restrictive regulations adopted in recent months, creates a chilling effect on the Jewish community of Outremont,” she said. “My clients are very concerned about the borough using this and other bylaws to penalize, restrict the freedoms of and compromise the vitality of the chassidic community.”
Although Outremont has repeatedly denied it is not discriminating, the community believes the borough has been “overzealous” in its application of the bylaw when it comes to the Chassidim.
Hecht noted that there were eight police cars on the road last Purim tracking down the offending minibuses.
