Why Québéc Cannot and Should not Ban the Niqab

By: Law is Cool · March 31, 2010 · Filed Under Administrative Law, Civil Rights, Constitutional Law, Criminal Law, Politics, Pop Culture · 22 Comments 

An article jointly written by David Shulman and Lawrence Gridin

Three women wearing niqabLast week the government of Québéc announced that it would restrict female Muslims from covering their faces with the niqab.  This article is about the fundamental freedoms that we enjoy as Canadians and human beings, and the power of the government to encroach upon those freedoms.

The legislation proposed in Québéc will prevent a woman wearing a niqab from being able to access public services, including consulting doctors at a hospital or attending classes at university. It also prevents all government employees from wearing a niqab, including those employees who have no contact with the public. More details can be found here.

Prime Minister Harper and Liberal Leader Michael Ignatieff have announced that they support the ban, and a large (if not overwhelming) majority of Canadians agree with them.

A Primer on Freedom

Let’s begin our discussion with a review of the Ann Coulter affair, which bears some analogues to the Québéc niqab issue.

We cannot think of another person whom we personally disagree with more on virtually every dimension than Ms. Coutler. We have difficulty thinking of anyone else who spews out as much vile hate, ignorance and prejudice as Ms. Coulter. We’re bothered by the fact that there is any demand — outside of perhaps morbid curiosity — for her wares at all.

Here are three pieces, taken from Ms. Coulter’s repertoire, that support our opinion:

“They’re [Democrats] always accusing us of repressing their speech. I say let’s do it. Let’s repress them. Frankly, I’m not a big fan of the First Amendment.”

University of Florida speech, October 20, 2005.

“I have to say I’m all for public flogging. One type of criminal that a public humiliation might work particularly well with are the juvenile delinquents, a lot of whom consider it a badge of honor to be sent to juvenile detention. And it might not be such a cool thing in the ‘hood’ to be flogged publicly.”

- MSNBC, March 22, 1997.

“I think [women] should be armed but should not vote…women have no capacity to understand how money is earned. They have a lot of ideas on how to spend it…it’s always more money on education, more money on child care, more money on day care.”

Politically Incorrect, February 26, 2001.

Despite our profound disagreement with her views, we would fight vigorously to protect Ms. Coulter’s right to express them. The right to freedom of expression is guaranteed by our Charter of Rights and Freedoms.  We would proudly defend her right to freedom of expression in any court with every ounce of our ability and integrity, just as vigorously as we would defend our own right to criticize and disagree with her views.

Why?

Read more

Hatred Towards Jews and Muslims Linked

By: Omar Ha-Redeye · January 22, 2010 · Filed Under Civil Rights · 4 Comments 
A person who hates Jews is more likely to hate Muslims as well, and vice versa.  And people who go to a weekly religious service are less likely to hate a Muslim.

These findings come from Gallup poll results published this morning in a report, Religious Perceptions in America: With an In-Depth Analysis of U.S. Attitudes Toward Muslims and Islam.

Michelle Boorstein of the Washington Post said,

… the Gallup poll was prompted partly by Obama’s outreach to Muslim-majority societies and a desire to understand more about what shapes Americans’ views on Islam.

In a note accompanying the poll results, Gallup makes the argument that Americans’ prejudice against Muslims is at least partly fueled by misinformed beliefs. For example, people who believe Muslims worldwide oppose equal rights for men and women tend to be much more likely to report prejudice against Muslims.

The report states,

…feeling “a great deal” or extreme prejudice toward Muslims is not borne out of the absence of any information about Muslims, but rather arises from being exposed to negative media coverage of Islam and its followers.

This misinformation, especially through portrayals in the media, have a particular significance in the role of radicalization, as indicated in my published letter in the Globe yesterday.  Daniel Simard and I also put together a paper related to this, Media Narratives in Times of Turmoil: Depictions of Minorities in Canada Post 9/11.

Boorstein also points to a Pew Forum poll showing that Muslims experience far more discrimination than any other group, by a wide margin.

The Gallop Poll found that 53% of Americans admitted to having negative views towards Islam, and 43% acknowledged some prejudice towards Muslims.

The report also states,

Variables Associated With Self-Reported Prejudice
Links Between Anti-Jewish and Anti-Muslim Prejudice
The variable most strongly linked to self-reported prejudice toward Muslims is self-reported prejudice toward Jews. Respondents who say they feel “a great deal” of prejudice — or extreme prejudice — toward Jews are about 32 times as likely to report feeling “a great deal” of prejudice toward Muslims. While Jewish-Muslim relations sometimes suffer because of the turbulence of the Israeli Palestinian conflict, among other reasons, these findings point to an area of potential cooperation for the two communities in addressing a common concern of prejudice toward each group. Previous Gallup research indicates that, compared with other religious groups in the U.S., Muslim Americans and Jewish Americans are most similar in terms of political ideology, education, and political party identification.

The findings should spurn greater cooperation between the Muslim and Jewish communities to work together in overcoming hatred and bigotry.

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