Councillors and Mayor Jean Tramblay (centre) recite prayer before a Saguenay city council meeting. The Supreme Court this week ruled they must stop the practice
Photo Credit: via Radio-Canada

Supreme Court rules against city Council prayers

For as long as can be remembered, the city council in the town of Saguenay Quebec, has begun its meetings with a brief prayer, a relatively common occurrence across in cities and towns across Canada.

Eight year’s ago, atheist Alain Simoneau lodged a complaint against the City,  and with a secular rights organization began a long legal battle against the city and its controversial mayor, Jean Tremblay.

In 2008 the city changed the opening prayer to something it deemed more neutral and council business was delayed two minutes following the prayer to allow any citizens a bit of time to return to the room following the prayer

The case went to the provincial Human Rights Tribunal in the mainly French-speaking province where Mayor Trembly however continued to argue that the prayers respect Quebec’s Catholic heritage.

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At a press conference Thursday morning, outspoken Mayor Jean Tremblay says he will abide by the Supreme Court decision but says he disagrees with it. “Secularity is not atheism. Everyone agrees with neutrality, but being neutral doesn’t mean rejecting religion” © Radio-Canada

He lost that decision in 2011 when the Tribunal ruled the prayers must stop, and religious symbols in the council chamber must be removed.

He then raised funds through the city website to fight the Tribunal decision.

The Quebec Court of Appeal sided with the city in a 2013 decision saying the prayer did not impose any religious values on citizens, did not violate the city’s neutrality, and any infringement on Simoneau’s moral values was minimal.

However that was appealed and the case was accepted by the Supreme Court which ruled in a unanimous decision this week, the practice has to stop, although it limited its decision to the prayer recital and not the issue of religious symbols in the Chamber (eg a Crucifix)

In its ruling, the Supreme Court said Canadian society has evolved and given rise to a “concept of neutrality according to which the state must not interfere in religion and beliefs.”

“The state must instead remain neutral in this regard,”  it wrote.  It also says the City of Saguenay and Tremblay must pay Simoneau $30,000 in damages

 Supreme Court ruling (pdf)

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The Mayor of the nation’s capital, Ottawa Mayor Jim Watson  says they will replace the prayer with a moment of silence — even though he said the prayer councillors have been reciting for years was non-denominational.

“I always thought that our prayer was very respectful of all religions and cultures. But the court has ruled and we’ll take the ruling seriously. The alternative I believe would make some sense is to offer, as we did today, a moment of personal reflection and people can pray themselves personally and privately,” Watson said.

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The prayer that begins Regina City Council meetings is informal, but it’s a prayer nonetheless, Mayor Michael Fougere says. © Aldo Columpsi/CBC

In the border city of Windsor in the south western tip of Ontario, Mayor Windsor Mayor Drew Dilkens says the city will abide the ruling and not hold a prayer at Monday’s council meeting.  He expressed disappointment that the decades old tradition given by a local priest from different denominations will come to an end.

“It’s something that we must abide by and live by and every municipality in Canada will be in the same boat as we are,” Dilkens said. “It’s what the highest court in the land has told us to do and we’re going to follow that accordingly.”

In surrounding Essex County, Warden Tom Bain also confirmed there will not be an opening prayer at Wednesday’s county council meeting.

In Regina, Saskatchewan Mayor Michael Fougere says that in his 17 years on council no-one had objected to the prayer. He says Regina’s prayer is “informal” but “it’s a prayer nonetheless,” and so the council will respect the Supreme Court ruling and will suspend the practice.

Cities and towns across the country have also indicated that the practice…often only one line asking God to guide their decisions, will be ended.

Partial list of various similar cases.

  • 1999-citizen H Freitag complaint in Penatanguishene Ontario objects to Lord’s Prayer before council meetings. Rejected, then overturned on appeal. Council adopted a non-denominational recitation and a moment’s silence
  • 2001- citizen D Payette complaint against City of Laval, Quebec. 2004- rejected. 2006 Human Rights Tribunal overturns and Laval must stop prayer
  • 2004-citizen R Allen vs County of Renfrew Ontario: objects to non-denominational prayer recital (replaced Lord’s Prayer in 2000)- Complaint rejected
  • 2009-citizen L Hebert complaint against Trois Rivieres, City stops practice in 2010
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