The shortage of teachers aggravated by Law 21

Nadia is relieved. In a few weeks, her daughter will finally have a teacher. The fact is that, since the second week of school, dozens of substitutes have succeeded one another in her child's first-year class. “Every day, it was a new person, whose name my daughter could not even remember. Once, there was even a change in the middle of the day,” says the mother.

Obviously, this has repercussions. “Academically, they are not making much progress, and my daughter also watches a lot of movies at school...

In short, entire periods of time are lost. And when I want to help her with her homework, I see that there is no continuity from teacher to teacher,” she continues.The mom talks about teachers, but it's not always qualified staff who come to help out in class. “I don't blame the school; they're sorry and everyone is doing their best. Moreover, they have just announced to us that we will finally have a dedicated teacher at the beginning of October.”

However, this teacher will leave another class to take up this new position. Nadia is sorry that such a situation occurred after a particularly difficult lockdown for her family. “Let's say we needed a return to a certain normality and stability. We're going to hope it happens soon,” she whispers.

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A trial heavy with consequences... and emotions

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Meanwhile, motivated and freshly graduated young teachers cannot enter the profession because they fall under the new Law 21, which prevents public service employees in positions of authority from wearing religious symbols. How many teachers are thus kept out of schools? The CAQ government sought to find out, but the school boards for the most part refused to count, citing the fact that this was a discriminatory action in itself. Counting students and graduates, it is nevertheless possible to estimate the number of persons concerned in the field of education at a few hundred.

Nour Farhat is a lawyer. These days, she is preparing for an important trial that will undoubtedly occupy an important place in the media space in November. She will in fact challenge Bill 21 in the Superior Court on behalf of the Autonomous Federation of Education (FAE) and its 45,000 teachers.

“To be able to act directly in a case where your personal rights are violated is incredible. It allows me to regain some control over what happened to me,” says the veiled lawyer, who dreamed of being a Crown prosecutor. A truly astronomical case will be presented, pitting four plaintiffs against the government. A dozen interveners, for and against the law, will also take part in the trial. From a legal point of view, the position of the FAE is clear: the law is unconstitutional. This is even if the derogation clause was used for its adoption.

This clause allows a government to pass legislation that violates certain elements of the Canadian Charter of Rights and Freedoms, such as religious freedom.

“We say that clause 33 [derogation clause] must be interpreted in light of the evolution of Canadian and international case law,” says Me Farhat. Another argument will relate to Article 6 of the Charter, relating to freedom of movement and establishment. Thus, according to the Charter, a Canadian citizen should be able to move and settle freely on the territory, without constraint.

“However, if, for example, a teacher covered by Bill 21 decides to go to Ontario for a year and then comes back to Quebec, she will no longer be allowed to teach. Concretely, this represents a constraint that imprisons people, that prevents them from moving freely,” explains Me Farhat. As for article 6, unlike that on freedom of religion, recourse to the derogation clause cannot be ruled out. All of this is much more than a legal debate. Nour Farhat has already been able to read heartbreaking stories of teachers governed by Bill 21.

“We are also going to demonstrate the existence of physical effects linked to discrimination. We are talking about mental health, of course, but this law has downright negative physiological effects on those who are under this stress.” Ms. Farhat's clientele is also made up of teachers already in place, and therefore protected by the “grandfather clause” (or acquired rights clause).

“These are people who can stay in office, but who cannot evolve, advance, move. They are prisoners and often feel humiliated in front of their colleagues. That's two classes of teachers.”

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Long-term consequences

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Ichrak Nourel Hak is one of the other plaintiffs in this case. Recently graduated in teaching, she now gives language support courses, hoping to one day access a class. In a context of shortage, she finds the situation doubly distressing and wants the government to reconsider its position.

“If he doesn't do it for these people, who care about the education and well-being of students, let him at least do it for the students themselves, who deserve a quality education. The next generation deserves to be fulfilled and to have access to the best resources,” says the young teacher.

While we do not know the exact number of teachers affected, we also do not know the impact that such legislation will have on future cohorts. Moreover, for Me Derek Ross, executive director of the Alliance of Christians in Law, an organization of some 600 lawyers and law students in Canada, the numbers do not matter. The symbolism is much heavier.

“At the end of the day, it shouldn't be about numbers. For a single person targeted, it is worth pursuing legal remedies to the end,” judges Ms. Ross. Recall that the Alliance of Christians in Law was active from the first hearings surrounding the adoption of the legislation.

“A law like this may have effects on future students and their career choices, but also on their vision of identity and their place in society”, fears the lawyer. According to him, Law 21 reinforces negative associations in the face of religion. And he says that, if the legal challenge goes all the way to the Supreme Court, the repercussions on the ground will be felt at least for the next four years.

Fatima Ahmad is a new teacher graduate. Falling under Law 21, she considered the possibility of accepting a teaching position in Europe, before deciding to pursue further studies here, while doing private tutoring with high school students. It confirms that they are worried about the future.

“Young Muslim girls aged 15 and 16 tell me that they are already ruling out certain career options for fear of not being able to access them. For young people, discrimination is becoming the norm,” reports the teacher.

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“I'm giving up”

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But not everyone has the energy or the mental space to fight. Safirah*, a Muslim teacher specializing in English as a second language, is barely aware that a major legal battle is under way. Exhausted, she stopped following this file. “I feel a bit guilty, but it's my reality. I am so tired...”

When Bill 21 came into force, Safirah was teaching in a public school in Montreal. But as she was under contract, it could not be renewed. “The worst thing was that I had offered to remove the veil in class, in front of the children” — a compromise that she did not like, but that she was willing to make.

However, the law states that the religious symbol must also be removed during meetings and meetings with parents. “I thought that was absurd. The reasoning is based on the question of the position of authority. Taking off my religious sign in front of the children should have been enough,” she laments.

She is now considering teaching remotely for an Ontario school, a possibility that has just been submitted to her and that she is quietly exploring. She uses the verb “explore” because she is no longer sure of anything.

“Honestly, I'm going to take some time to think. I am going to spend time with my child. Maybe I'll go back to school, or start my small business. I have the luxury of not being a single parent with heavy financial responsibilities. I know that others are not so lucky...” recognizes Safirah.

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Operation Students looking for a teacher

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The shortage of teachers is not new, but the COVID-19 pandemic has certainly made the problem worse. While some teachers have decided to retire early, others are at risk and need to work remotely. Right now, the situation is so critical that schools are hiring unqualified staff to take care of classes.

Sometimes even by depriving students with special needs of services. For example, the Montreal School Services Center (CSSDM) is considering using remedial teachers to teach full-time in classes, thus depriving children with learning difficulties of the individual support necessary for their success.

To make up for the lack, the government has also put in place a special measure to encourage retired teachers to come back and lend a hand.

They will be able to earn up to $412 per day, compared to the usual maximum of $212, without penalty on their pension benefits.The stakeholders interviewed during the preparation of this article are unanimous: barely begun, this school year is already very exhausting.