The Supreme Court of Canada has agreed to hear a court challenge to Quebec’s controversial secularism law, known as Bill 21.
The request for a stay of appeal was granted Thursday morning without explanation, as is customary for courts.
Among other things, Bill 21 prohibits certain public servants in positions of authority, such as judges, police officers, correctional officers, and teachers, from wearing religious symbols while performing their duties.
Quebec Justice Minister Simon Jolin-Barrette and Secularism Minister Jean-François Roberge issued a joint statement saying Quebec will uphold the law “to the end.”
“It is fundamental and critically important that Quebec be able to make its own choices, choices that reflect our history, our unique social values and our national aspirations,” the statement said. Ta.
The federal government has intervened in the case and said it will argue against Bill 21 in the Supreme Court.
Jolin-Barrette and Roberge said Thursday that any intervention by the federal government is disrespectful and an affront to Quebec’s autonomy.
The Quebec National Assembly passed the Secularism Bill on June 16, 2019, during the first mandate of the Coalition Avenir Québec (CAQ) government. To protect the law from the courts, Quebec lawmakers invoked the constitution’s “notwithstanding” clause, which must be renewed every five years. Last updated in 2024.
Nevertheless, the law has been challenged, first in the Quebec Superior Court and then in the Quebec Court of Appeal. However, the challengers have not yet succeeded.
At best, both courts ruled that the ban on wearing religious symbols does not apply to members of Congress.
The Quebec Superior Court sided with the English school board, which argued that the action violated linguistic rights. The Court of Appeals reversed this decision in February 2024.
The English Montreal School Board (EMSB) is one of the parties that asked the Supreme Court to address the issue. The EMSB said Wednesday it would not comment on the issue until the Supreme Court rules.
Several other groups and individuals had also asked the Supreme Court to intervene. Prefectural Autonomous Federation (FAE), Federation of Teachers Unions, and Canadian Civil Liberties Association (CCLA).
CCLA’s involvement led to the voluntary resignation of Supreme Court Justice Mahmoud Jamal, who was the association’s president when it filed a challenge to the state secularism law in June 2019 in the Superior Court. Jamal was appointed to the Supreme Court of Canada in 2021. .
The Legault Government remains resolute in upholding the law written five years ago and has the support of organizations such as: movement like quebecois (MLQ), a local secularist group.
Parties challenging the law praised the Supreme Court’s decision.
The country’s Supreme Court has announced that it will hear a challenge to Law 21, passed in 2019, which prohibits certain public servants in positions of authority from wearing religious symbols while performing their duties.
Boushera Cherubi, a Montreal teacher who wears a hijab and is one of the plaintiffs in the legal challenge to the law, said she felt some hope after hearing that the Supreme Court would hear arguments against the law. Ta.
“This just proves that the Bill 21 debate is important not only to religious minorities but also to the general public,” she said. “I feel even more hopeful when I think about my freedom to get promoted, for example. I’m really relieved and I’m really excited.”
EMSB Chairman Joe Ortona said in an interview that the Supreme Court’s decision to hear the appeal shows “at least there is merit to our constitutional claims.”
“This law is contrary to our values as a society,” he said. “This is contrary to the Charter of Quebec and Canada, and our hope is that the courts will recognize that and ultimately strike down the law.”
The Canadian Muslim Forum (CMF) and Canada’s World Sikh Organization (WSO) released a statement welcoming the decision.
“While we recognize that the road ahead remains long and difficult, this decision offers a glimmer of hope to those who have endured the painful effects of the law,” the CMF said in a statement. Ta.
WSO highlighted the involvement of Amrit Kaur, a turbaned active Sikh educator. Kaul, who left Quebec to pursue her career with the WSO, is among those challenging the law.
“The stakes could not be higher, and the outcome of this case will have a significant impact on the future of human rights and freedoms in Canada,” WSO President Denmark Singh said in a statement.
The FAE, the trade union representing around 66,000 teachers, said in a statement it was satisfied the court had heard the appeal. The union said it supports secular schools but opposes parts of the law that prohibit hiring or promoting teachers who wear religious symbols.
Canada’s Official Languages Commissioner Raymond Théberge also supported the court’s decision, arguing that it affects the right of Quebec’s English-speaking minority to manage and control institutions and education.
“I am pleased to hear that the Supreme Court of Canada has granted our application for a stay of appeal in the case. Laws that respect national peace “This bill has had support from several political parties,” he said, adding, “This bill has an undeniable impact on Quebec’s minority schools.”
