US EditionBill 21: Supreme Court Wraps up Hearings over Quebec Secularism Law
The Supreme Court examined if Quebec’s Bill 21 violates Charter rights and the limits of the notwithstanding clause in a hearing involving 61 parties and extensive constitutional debate.
- On Thursday, the Supreme Court of Canada concluded a four-day hearing on the constitutionality of Quebec's Bill 21 and the notwithstanding clause's scope.
- Enacted in 2019, Bill 21 prohibits public sector workers in Quebec from wearing religious symbols, using the notwithstanding clause to render it immune from Canadian Charter of Rights and Freedoms scrutiny.
- More than two dozen intervenors, including the Canadian Council of Muslim Women, presented arguments on the law's impact. Sahar Talebi stated Muslim women face "increased prejudice, harassment and hate crimes."
- Chief Justice Richard Wagner and Justice Malcolm Rowe led questioning throughout the week, exploring whether courts could issue judicial declarations signaling rights violations despite notwithstanding clause protection.
- The Supreme Court will issue its judgment in coming months, with the ruling expected to delineate government powers to ignore rights and shape how the Charter operates long-term.
12 Articles
12 Articles
Lorne Gunter: Feds' attack on notwithstanding clause an attack on Canadian federation
It’s too bad federal government lawyers were at the Supreme Court this week arguing against Quebec’s use of the Constitution’s notwithstanding clause in conjunction with that province’s controversial 2019 law, Bill 21. Also known as the secularism law, Bill 21 forbids the wearing of religious symbols at work by any public servant including teachers, nurses, police officers, even clerks.
Judges did not hesitate to comment on the arguments during the grand trial of the Law on the Secularity of the State.
ANALYSIS | 6 key moments from the Supreme Court challenge of Quebec's secularism law
Four days of hearings in the Supreme Court challenge to Quebec’s secularism law, Bill 21, are over. While the hearings dealt mostly with complex legal questions, there were some moments that revealed the intensity and passionate nature of the debates.
The Toronto Star
Supreme Court justice says decision on challenge of Quebec’s secularism law won’t be based on ‘extreme’ scenarios
Those who challenged Bill 21 in the four-day court hearing say it violates religious freedoms and other important rights. A ruling is expected months from now.
The fate of Law 21 and the derogation clause is in the hands of the Supreme Court, which has heard the case in the last four days.
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