The Supreme Court of Canada (SCoC) ruled that Sikhs were required to wear hard hats even though it was a restriction of their religious freedoms. (The seminal case on this is Canadian National Railway Co. v. Bhinder from 1985.) The Court applied a 3 part test to see if the employees religious freedoms could rightly be infringed. This test is where I think the Quebec law will eventually fall. Unfortunately that means that some provincial worker will need to be fired for wearing the Hijab, and she will also have to have enough money to raise a legal complaint (justice ain't cheep in Canada).
The test for a bone fide occupational requirement (BFOR), has 3 steps the rule must pass before its considered a justifiable infringement on religious freedoms: (adapted from the above mentioned hardhat case.)
Now looking to the “burka ban” lets go over the test.
• Step 1: Was the rule about hard hats or respiratory protection adopted for a purpose that is rationally connected to the job (safety)?
• Step 2: Was the rule adopted in an honest and good faith belief that the standard is necessary for the fulfillment of that legitimate purpose (safety)?
• Step 3: Was the standard reasonably necessary to accomplish that legitimate purpose? Can the employer accommodate individual employees without imposing undue hardship upon the employer?
Keep in mind RCMP officers can wear the hijab, its going to be really hard for Quebec to argue that a kiosk worker cant do her job wearing the same thing.
*"we have other laws saying you cant be naked in public, how is this different?"
This is actually the argument Quebec is using to put the law into place. The mistake is that they are equating non-religious with anti-religious. The government needs to pass laws that apply to all citizens, it cannot promote or discriminate based on religious beliefs. Thats a Non-Religious stance. But by refusing to allow its workers to adhere to their religious beliefs while at work they are taking an Anti-religious stance. The claim that seeing a government worker wearing a religious item will make the average citizen falsely believe that the government is an agent of that religion is deeply condescending.
NOTE: Its been pointed out to me that I have used "Burka", and "Hijab" interchangeably and they are in fact different. The RCMP currently only allow the Hijab which does not cover the face.
I fell the rest of the argument still stands, if you correct my other uses of Hijab to the Burka I was thinking of. (Thanks Reese)