The phrase “reasonable accommodation” has been in the news lately.
“Reasonable accommodation” is a legal concept designed to eliminate discrimination and achieve equality by respecting and taking into account the sensitivities of various minorities, including religious and cultural groups.
The issue recently came to the fore in the province of Quebec as a result of various minority assertions, including some from members of Montreal’s chassidic community.
Over the past 25 years, the concept of accommodation has arisen in a number of cases. In the Multani case, the Supreme Court of Canada recognized, in 2006, that school board officials in Quebec must permit Sikhs to wear their kirpans (ceremonial daggers) to school as part of their religious obligations.
This decision ignited the debate on reasonable accommodation in Quebec. The debate was exacerbated by the attitudes of certain politicians, including Action Democratique leader Mario Dumont, and was strongly fuelled by the press. Reasonable accommodation dominated Quebec’s public discourse for months.
In response, the government of Quebec created the Bouchard-Taylor Commission, formally known as the Consultation Commission on Accommodation Practices related to Cultural Differences. This commission was mandated to study and make recommendations concerning the application of reasonable accommodation in addressing minority issues.
The Bouchard-Taylor Commission held public hearings, reviewed more than 900 briefs and conducted four province-wide forums. The various town hall meetings provided venues for the occasional rant by individuals who expressed intolerant, prejudicial attitudes. The issues were also debated on phone-in radio shows and other forums, at which people expressed less-than-accepting attitudes toward minorities. In addition, the town of Herouxville and its biased code of conduct for newcomers – that included banning the covering of faces – attracted considerable national and international attention.
The commission issued its report in May. It contains a series of rather benign and generally acceptable recommendations, some of which attracted immediate public attention. For example, the report recommended the removal of the crucifix in the Quebec legislature, a recommendation already rejected by the Quebec government.
The Bouchard-Taylor report recognized that Quebec, a multicultural mosaic, is not a racist society and acknowledged that respect and accommodation of minorities is the norm to be incorporated into Quebec life and society. However, there is a growing view that Quebec ought not to embody traditional multiculturalism as we know it, but rather should opt for the notion of “interculturalism,” in which the various diverse components of Quebec society would establish a special bond and relationship with the mainstream French reality that defines Quebec life.
In a sense, interculturalism is a rejection of traditional multiculturalism in favour of a duality consisting of mainstream French Quebec together with the diversity that defines modern Quebec demographically. Interculturalism encourages the use of French “as the common language of intercultural relations” and “cultivates a pluralistic orientation.” It encourages the notions of both interaction and integration.
Interestingly, the report included a small section on anti-Semitism and the Jewish community in Quebec. The commission’s work was commended in a press release issued by the Quebec region of Canadian Jewish Congress. It was also generally applauded in newspaper editorials and commentaries.
What is the significance of the Bouchard-Taylor report? What benefits will flow from the $3.7 million report?
For the most part, the Bouchard-Taylor report will be minimal in its impact and its work will likely fade from the public eye. Predictably, the recommendations will be placed on the back burner of Quebec politics. Rather, it is likely that our courts and anti-discrimination tribunals will continue to render decisions that will advance the notion of reasonable accommodation in order to protect the needs and aspirations of the diverse minority segments of society. In that way, the march toward a truly multicultural society – whether it is described as traditional “multiculturalism” or as Quebec “interculturalism” – will continue to be fostered, if not by governments, then likely by the courts.
Reasonable accommodation, as a legal and moral norm, will continue to re-define Quebec and Canadian society, reflecting the demographics of modern diversity. It is a norm that will predictably benefit Jewish and other minorities and will lead to a less insular and more accepting Canada.