Supreme Court of Canada will hear legal challenge on Quebec secularism law

The Supreme Court of Canada has announced that it will hear a court challenge against Quebec’s controversial secularism law, Bill 21. The law, which was passed in 2019, prohibits certain public workers in positions of authority from wearing religious symbols while performing their duties. This includes individuals such as judges, police officers, prison guards, and teachers.

Quebec’s Justice Minister, Simon Jolin-Barrette, and the Minister responsible for secularism, Jean-François Roberge, have stated that Quebec will defend the law “until the end.” They believe that it is essential for Quebec to be able to make its own choices that align with the province’s history, social values, and national aspirations.

The federal government has expressed its intention to intervene in the case and argue against Bill 21 in front of the Supreme Court. However, Jolin-Barrette and Roberge have criticized this intervention as disrespectful and an affront to Quebec’s autonomy.

Bill 21 was passed by Quebec’s National Assembly in 2019, invoking the Constitution’s notwithstanding clause to protect it from legal challenges. Despite this, the law has faced challenges in both the Quebec Superior Court and the Quebec Court of Appeal. While some aspects of the law have been upheld, such as the ban not being applied to members of the National Assembly, other challenges have yet to succeed.

The English Montreal School Board (EMSB) is one of the parties that have requested the Supreme Court to address the issue. Several other groups and individuals, including the Fédération autonome de l’enseignement (FAE) and the Canadian Civil Liberties Association (CCLA), have also asked for the court’s intervention.

The involvement of the CCLA led Supreme Court Justice Mahmud Jamal to recuse himself from the case, as he was previously associated with the organization. The Legault government remains firm in its defense of the law, receiving support from groups like the Mouvement laïque québécois (MLQ).

Parties challenging the law have welcomed the Supreme Court’s decision to hear the appeal. The Canadian Muslim Forum (CMF) and the World Sikh Organization (WSO) of Canada have both issued statements in support of the decision, emphasizing the importance of human rights and freedoms in Canada.

The Federation of teachers’ unions, the FAE, expressed satisfaction with the court’s decision to hear the appeal, highlighting their support for secular schools but opposition to the part of the law that restricts the hiring or promotion of teachers who wear religious symbols.

Overall, the Supreme Court’s decision to hear the appeal on Bill 21 has sparked optimism among those who have been impacted by the law. The outcome of this case will have significant implications for the future of human rights and freedoms in Canada, and many are eagerly awaiting the court’s decision.