
If you truly believe that in Canada we have freedom of thought and religion, you have not heard this sad story. Recently for the Family Matters, the HMWN radio program which I host, I interviewed Suzanne Lavallee. She and her husband, Daniel Jutras, filed a court action against the school board which runs the school their children attend in Drummondville, Quebec. The reason: they wanted the board to exempt their children from taking the required Ethics and Religion Culture (ERC) course currently mandated by the Ministry of Education in Quebec.
At first they believed, as Canadians and Catholics that the school board would simply be reasonable and grant them their request because the newly mandated course was contrary to their right to freedom of religion under the Quebec Charter of Rights. What happened next shocked them. Suzanne and Daniel had to confront not just the school board, but the Ministry of Education as well. The procedure was costly and in the end neither the board nor the Ministry would allow them an exemption. This also applies to well over 2,000 other Quebec children in a similar situation. Furthermore, both the lower courts, on September 2009, and the Court of Appeal, on February 24, 2010, have refused to hear the case. The lawyers for the family then had no choice. In the pursuit of justice, they were forced to take the case to the Supreme Court of Canada. This has meant a great deal of time, sacrifice and expense for the family.
When I asked Suzanne why they had decided to go to the courts, her response was that it was not their original goal. When they first asked for an exemption, one child was in high school and the other one was attending elementary school. After the first refusal, they appealed but to no avail, because the exemption was once again denied. They pled their cause in front of the school board commissioner and personally explained their grievances concerning the mandated course. What follows are some of my interview questions and her responses. (You can listen to the entire archived program:
Do We Still Have Religious Freedom?)
Here’s what Suzanne told me about their hearing: “Our lawyer was there also to represent our cause, to explain very well the details with a power point presentation so they would know what were our grievances against this course….Then we were also refused… All the people in Quebec who asked for an exemption were also refused. They all received the same refusal letter…. So seeing that we were refused our legitimate rights, that our grievances and motives were ignored, the ECR course was thereby imposed on our children. So my husband and I decided there to remove physically our children from that course and motivate (excuse) each absence… so that was the final move we did because we were not being respected and so we decided to go and pick up our children for every ECR class… Right now there is a coalition, the Coalition for Freedom in Education and also a lot of families are supporting us. A lot of families also went and pick up their children…removed their children physically from this class over the past two years…. Of course it’s not very easy for the parents to do so because they are working and to go and pick up the children for a 50 minute time period and bringing them back in time for the next period is very demanding, so yes, more people would have done it if they could but it’s not possible for everyone to do so”
When I asked her why did she think the lower court refused to hear this case? She said, “I’ll be very personal in my opinion now. I now realize it’s very political and when you’re going head to head with the government; it’s very difficult. We often compare our case to David and Goliath… And what the judge in the court of appeal in Quebec said is that the case is now theoretical…. but what is very sad is that they make this statement on a LIE…. Because the lawyers of the government said that my youngest son was already being exempted from this class since he’s attending a private school…which is NOT TRUE, and we told the judge it’s not true… I just go and pick him up to remove him from this class…but there’s no exemption and they knew this, but still in the judgment they said it doesn’t apply anymore because he’s being exempted and the oldest one, he’s going to college and there’s no class of ERC in college….so I was very sad…..
How do you think your situation may be affected by the recent Loyola High School decision? “The issues are very similar: relativism…the neutral posture of the teacher when he’s teaching about ethical matters, issues which we don’t like…the class is not neutral as they say… (Are the same issues that Loyola won their decision about recently); it has a syllabus of multiculturalism, pluralism, relativism as they call it…it’s not neutral, it’s not good for me! I don’t approve of this philosophy…..
How can people help you fight this battle? “People can make a donation but also to talk about this issue…the more people know about it…it’s a very important one, its DEMOCRACY… Some people wouldn’t agree with my point of view, that’s fine OK, but you should understand that democracy touches everyone, and if we lose it, you will be losers too! Because some people find this class exceptional but I think they don’t know all about it because what it promotes looks very nice, you know, but anyway it is a democracy battle.. Everyone should agree on that! SO LET’S TALK ABOUT IT… it’s a very expensive battle.”
On June 10, 2010, Suzanne received the Archbishop Exener Award at the CCRL 25th anniversary dinner for leadership in community activism. Here’s what she said about getting the recognition, “I was surprised and delighted with this award. My candidature was given without me knowing so I was not expecting this honor. This prize has encouraged and motivated me to continue because you must know many people are not aware of our cause and motives about this legal procedure and they judge me and offer their opinion without even knowing the specifics and we have been called narrow-minded and stipulate that we want to keep our children hidden away so they don’t learn about other cultures but that’s not us….on the contrary we love everyone and we gather with the immigrants and we help them when they are in need and we are involved with them… I feel like I deserve the award with all the people who worked for this cause. I want to share it with all the people that are involved.”
How has this legal challenge affected you and your family? “A lot of people don’t know and are very surprised when I tell them. First it has been very demanding for me because I have to study about it and there is less time for my family but also the interrogations are very hard, very stressful, especially for my teenager at the time… He had to be interrogated two times, twice, for the same purpose. We said no no. They said, YES, YES… and the second time it was not nice… The lawyer was very intimidating; arrogant…he made my teenager look very bad so it was very disappointing for my teenager. So in court when it was time for him to testify again because they would insist for him to testify again to prove his sincere faith, he lost consciousness (fainted). That was too much for him because he is private…and he would do it but it was not easy at all. So it was hard for me so I understand for him what it was like…”
How is your son now? “He is OK because he finds the cause to be very, very important but you know he would be asked very personal questions for that kind of issue…. We thought it was abusive…really… and probably done to discourage us."
During the interview Suzanne made it clear that what the provincial government is doing is undemocratic and intimidating. They maintain that the rquired course is “neutral” when in fact there is nothing neutral about it. How can you claim that all faiths, including atheism, are equal and then proceed to argue that your position is “neutral”? And this is the case put forward by the Quebec government and the Ministry claiming to be democratic. To say that no school, no child, no parent and no student can be exempted from the ERC course is nothing short of a dictatorial agenda, both in words and action.
In view of Suzanne's case, all Canadian citizens, not only those in Quebec, who care about democratic principles, will suffer the consequences if the Supreme Court fails to correct the injustice being done with the mandated ERC course. It’s an injustice to Catholic families, to those who believe in religious freedom and in freedom of speech. All Canadian citizens who want to protect their religious rights and the democratic liberty to express those rights both privately and publically should be concerned about this case. All Catholics who want to make sure that Catholic institutions can maintain their identity by teaching the Catholic faith, need to support Suzanne and her family so that they get a favorable and just decision from the Supreme Court of Canada.