Quebec's Bill 21 reaches supreme court

Quebec’s secularism bill reached the Supreme Court this week. The highest court spent four days hearing from dozens of groups about the legality of the Quebec government’s use of the notwithstanding clause. The court could take several months to reach a decision. 

The bill was introduced by the provincial government in 2019. To prevent court challenges, the CAQ passed the law using the Charter’s notwithstanding clause. The use of the clause allows for provinces to override much of the Charter of Rights and Freedoms. 

Bill 21 prevents public-sector workers in positions of authority from wearing religious symbols. These workers include teachers, police officers, judges and prosecutors. Those opposed to the bill see it as a restriction on Canada’s freedom of religion. 

Appellants have challenged the use of Bill 21 in lower courts. Those attempts were shot down, as the courts ruled in favour of the notwithstanding clause. 

The English Montreal School Board (EMSB) is one of the appellants. President and Chairman of the EMSB, Joe Ortona, in an interview with CJLO, said: “Our position is that the bill is discriminatory.” 

He added that their legal standpoint highlights that their rights are being violated.

“We maintain that it's unconstitutional because it violates the English Montreal School Board. In fact, it violates the English school boards’ right to manage and control their school system.”

The EMSB has not been able to hire anyone who wears religious symbols since the enactment of the law. 

The World Sikh Organization of Canada is also contesting the bill in court. The organization faces the challenge of explaining to Sikh children what careers they can go into.

“What we're telling them basically is that they have to either choose between their faith and their career aspirations,” said Angad Singh, the Quebec Regional President for the World Sikh Organization of Canada. “We wonder if this is really the message Canada wants to send to the young people of today.” 

McGill University legal scholar Pearl Eliadis explains that when it comes to the notwithstanding clause, Quebec does have a right to bypass the charter. 

“It’s a majority government elected by the people of this province, and they're invoking the notwithstanding clause,” said Eliadis. “The reason they can do it is because they can.” 

Correction: The audio story says the Supreme Court hearing will last over a week. The hearing lasted four days from March 23rd to March 26th.