The Supreme Courtroom of Canada has agreed to listen to a court docket problem in opposition to Quebec’s controversial secularism legislation, often known as Invoice 21.
The request for depart to enchantment was granted with none rationalization, as is the court docket’s customized.
Amongst different issues, Invoice 21 prohibits sure public employees in positions of authority, comparable to judges, law enforcement officials, jail guards and lecturers, from sporting non secular symbols whereas performing their duties.
Simon Jolin-Barrette, Quebec’s justice minister, and Jean-François Roberge, the minister chargeable for secularism, issued a joint assertion saying Quebec would defend the legislation “till the top.”
“It’s primordial, even important, for Quebec to have the ability to make its personal selections, selections that correspond to our historical past, to our distinct social values and the aspirations of our nation,” the assertion stated.
The federal authorities has stated it might intervene within the case and make arguments in opposition to Invoice 21 in entrance of the Supreme Courtroom.
Jolin-Barette and Roberge stated Thursday that any federal intervention could be disrespectful and an affront to Quebec’s autonomy.
Quebec’s Nationwide Meeting handed the secularism invoice into legislation on June 16, 2019, through the first mandate of the Coalition Avenir Québec (CAQ) authorities. To guard the legislation from the courts, Quebec legislators invoked the Structure’s however clause, a provision that should be renewed each 5 years. It was final renewed in 2024.
The legislation has been challenged nonetheless, first within the Quebec Superior Courtroom after which within the Quebec Courtroom of Attraction. However, the challengers have but to succeed.
At most, the 2 courts dominated that the ban on sporting non secular symbols couldn’t be utilized to members of the Nationwide Meeting.
The Quebec Superior Courtroom sided with the English-language faculty boards, which argued that the act infringed on their linguistic rights. The Courtroom of Attraction overturned this resolution in February 2024.
The English Montreal College Board (EMSB) is among the many events which have requested the Supreme Courtroom tackle this situation. On Wednesday, the EMSB stated it might not touch upon the difficulty till the Supreme Courtroom provides its resolution.
A number of different teams and people had additionally requested the Supreme Courtroom to intervene, together with the Fédération autonome de l’enseignement (FAE), a federation of lecturers’ unions, and the Canadian Civil Liberties Affiliation (CCLA).
The involvement of the CCLA led Supreme Courtroom Justice Mahmud Jamal to recuse himself, as he was president of the affiliation when it filed a problem to the State Secularism Act earlier than Superior Courtroom in June 2019. Jamal was nominated to the Supreme Courtroom of Canada in 2021.
The Legault authorities stays steadfast in defending the legislation as written 5 years in the past and has the assist of teams such because the Mouvement laïque québécois (MLQ), a provincial secularism group.
Events difficult the legislation celebrated the Supreme Courtroom’s resolution.
The nation’s prime court docket has introduced it should hear a court docket problem in opposition to Invoice 21, the legislation handed in 2019 that prohibits sure public employees in positions of authority from sporting non secular symbols whereas performing their duties.
Bouchera Chelbi, a trainer in Montreal who wears a hijab and is a plaintiff in one of many authorized challenges in opposition to the legislation, stated she gained a little bit of hope when she heard the Supreme Courtroom would hear arguments in opposition to the legislation.
“It solely proves that debating Invoice 21 is essential not solely to non secular minorities however the public usually,” she stated. “It provides me extra hope to consider my freedom to get a promotion, for instance … I am actually relieved and I am actually excited.”
Joe Ortona, the chair of the EMSB, stated in an interview that the Supreme Courtroom’s resolution to listen to the enchantment indicators that there’s “at the very least advantage to our constitutional arguments.”
“The legislation runs opposite to our values as a society,” he stated. “It is opposite to the Quebec and Canadian charters. And our hope is that the courts will acknowledge that and finally strike down the legislation.”
Each the Canadian Muslim Discussion board (CMF) and the World Sikh Group (WSO) of Canada issued statements welcoming the choice.
“Whereas recognizing that the trail forward continues to be lengthy and difficult,” the CMF’s assertion stated, “this resolution gives a glimmer of hope for individuals who have been enduring the painful impacts of the legislation.
The WSO highlighted the involvement of Amrit Kaur, a practising Sikh educator who wears a turban. The WSO and Kaur, who left Quebec to pursue her career, are amongst these interesting the legislation.
“The stakes couldn’t be increased,” WSO President Danish Singh stated in a press release, “and the end result of this case may have profound implications for the way forward for human rights and freedoms in Canada.”
The FAE, a union that represents about 66,000 lecturers, stated in a press release that it was happy that the court docket was listening to the enchantment. The union stated it helps secular faculties, however opposes the a part of the legislation that bars hiring or selling lecturers who put on non secular symbols.
The Commissioner of Official Languages of Canada, Raymond Théberge, additionally got here out in assist of the court docket’s resolution, arguing that it impacts Quebec’s English-speaking minority’s proper to handle and management their amenities and instruction.
“I am happy to listen to that the Supreme Courtroom of Canada is granting the purposes for depart to enchantment concerning the Act respecting the laicity of the State from a number of events,” he stated. “This invoice has plain results on minority faculties in Quebec.”
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