The major events that have marked the recent history of our school system, namely, the 1997 amendments to the Constitution Act, 1867 and the creation, in 1998, of Québec’s linguistic school boards, led us naturally to continue the debate launched by the Estates General on Education in 1996 regarding the place of religion in schools. Additional incentive to take up this debate collectively and, we hope, bring it to a close was provided by cultural and demographic changes, and by the organizational problems involved in denominational schooling.

The Task Force is submitting its conclusions in the form of a brief series of recommendations intended to serve as a basis for public discussion. These recommendations clearly represent a break with the tradition that has prevailed in Québec for more than a century. They amount to a proposal that, in the future, our education system be unequivocally based on respect for the right to equality and respect for freedom of conscience and religion. In 1975, the National Assembly enthroned the right to equality and freedom of conscience and religion in the Charter of Human Rights and Freedoms. Like the National Assembly, we believe that this right and this freedom, with the other fundamental rights guaranteed in the Québec Charter, are the “foundation of justice and peace.” We have come to the conclusion, that to provide for the full exercise of these rights, Québec must replace its current denominational school system by a secular school system and consequently redefine the place of religion in schools.

This redefinition implies secularization in the broad sense of the term. Within the framework of schools based on common values shared by all citizens, it allows for the study of religions from a cultural perspective as well as secular world views. It acknowledges the spiritual dimension and therefore allows schools to offer common religious and spiritual support services, if they so desire. It also allows schools, as part of their role in the community and taking into account their priorities, to make their facilities available outside school hours to the various religious groups that wish to provide religious services at their own expense to members of their faith.

We have taken great care to ground our recommendations on the most rational arguments possible. Our purpose in holding the consultations, conducting the studies and discussions, and submitting the recommendations we have the honour of presenting in this report was to provide the Minister of Education, the Government of Québec, the members of the National Assembly and all of those who choose to take part in the debate with ample background to fuel their participation in this debate.

Recommendations:

1. We recommend that the Government of Québec and the National Assembly confirm the primacy of the right to equality and freedom of conscience and religion guaranteed in the Québec Charter of Human Rights and Freedoms and the Canadian Charter of Rights and Freedoms and, consequently, that they repeal or not renew the current notwithstanding clauses in education legislation which override the application of the Charters.
2. We recommend that legislation be enacted to establish a secular system of public schools dispensing preschool, elementary and secondary education.
3. We recommend that the current denominational statuses held by public schools be revoked.
4. We recommend that the Education Act be amended to stipulate that the values and beliefs of religious groups cannot be used as criteria to set up a public school for the purposes of a specific project.
5. We recommend that the basic school regulations for elementary and secondary education provide for the study of religions from a cultural perspective in place of Catholic or Protestant religious instruction, and that the study of religions be compulsory for all students.¹
6. We recommend that programs for the study of religions from a cultural perspective be developed and implemented in keeping with the guidelines and framework proposed by the Commission des programmes d’études of the Ministère de l’Éducation, and with the relevant provisions of the Education Act.
7. We recommend that the Ministère de l’Éducation encourage flexible measures for teacher in-service training for the study of religions from a cultural perspective and allocate the necessary financial resources for such measures.
8. We recommend that the Education Act authorize schools to provide common religious and spiritual support services for students of all faiths and that these services be publicly funded.
9. We recommend that the Government define the general objectives of religious and spiritual support services in the basic school regulations just as it defines those of other student services; that the local school governing boards draw up programs of activities in keeping with these general objectives; that the school boards set the criteria for hiring religious support specialists in keeping with these same objectives and without discrimination.
10. We recommend that the Education Act stipulate that the local school governing boards may, outside school hours, provide facilities to religious groups that wish to dispense religious instruction or offer services at their own expense to members of their faith attending the school; and that the Act stipulate that the governing boards must exercise this power without discrimination, taking into account any priorities they may legitimately set with respect to the use of school premises.
11. We recommend that the provisions of the Act respecting the Conseil supérieur de l’éducation pertaining to the Catholic Committee and the Protestant Committee be repealed, that the provisions of the Act respecting the ministère de l’Éducation pertaining to the associate deputy ministers for the Catholic and Protestant faiths also be repealed and, consequently, that the appropriate changes be made to the organizational structure of the Ministère de l’Éducation.
12. We recommend that section 41 of the Québec Charter of Human Rights and Freedoms be amended to recognize, as stated in article 18(4) of the International Covenant on Civil and Political Rights, “the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.”
13. We recommend that any other applicable legislative and regulatory provisions be amended in keeping with these recommendations.
14. We recommend that, should these recommendations be adopted, they be implemented gradually, as follows:

General Provisions

a) Repeal of the notwithstanding clauses in education legislation which override the application of the Charters of Rights²

b) Amendment of section 41 of the Québec Charter of Human Rights and Freedoms

c) Revocation, by law, of the current denominational status of public schools

d) Abolition, by law, of the Catholic Committee, the Protestant Committee and the associate deputy minister positions for the Catholic and Protestant faiths

e) Adoption of any other applicable legislative, regulatory and administrative provisions, including terms and conditions of implementation and the timetable for change

Provisions Relating to the Study of Religions from a Cultural Perspective

f) Start of the implementation process for the appropriate programs of study

g) Assignment of a mandate to the Comité d’orientation et de formation du personnel enseignant with respect to the initial training of future teachers and the in-service training of practising teachers regarding the study of religions

h) Simultaneous implementation of plans for the initial training and professional development of teachers Provisions Relating to Common Religious and Spiritual Support Services

i) Definition, in the basic school regulations, of the objectives for common religious and spiritual support services

j) Implementation of an initial and in-service training program for the staff concerned

k) Introduction of common religious and spiritual support services

1. As explained in Chapter 9, we are assuming that moral education will continue to be part of the elementary and secondary school curriculum and that the attendant learning objectives will continue to be compulsory for all students. The model for organizing and dispensing moral education should be harmonized with that adopted for the study of religions from a cultural perspective.

2. The Task Force felt that recommending the most appropriate time for repealing these provisions was not within its competence, especially if its recommendations are to be implemented gradually. However, in spite of the fact that legislation is presumed valid until definitively struck down, it may be juridically unwise not to renew the notwithstanding clauses adopted under the Canadian Charter of Rights and Freedoms as long as the debate to follow the publication of this report is still in progress and the current provisions on the place of religion in schools are still in force. The Task Force is aware that the rules established in the decisions of the Supreme Court of Canada require the legislator to indicate the nature of the provisions the legislator wishes to override.