Supreme Court of Canada to Review Challenge Against Quebec’s Secularism Law

The Supreme Court of Canada has announced it will hear a significant challenge to Quebec’s secularism law, Bill 21, which was enacted in 2019, Jurist News reported. This law prohibits certain public sector employees in positions of authority from wearing religious symbols while on duty. Central to the case are Sections 2(a) and 15 of the Canadian Charter of Rights and Freedoms, which guarantee freedom of religion and equality rights, respectively.

Bill 21 has been defended by the Quebec government as a measure to ensure the religious neutrality of the state. However, critics argue that it disproportionately affects religious minorities. The law was passed using the notwithstanding clause under Section 33 of the Charter, allowing the government to temporarily override certain rights for five years, with the option for indefinite renewal.

The attorney general of Quebec, Simon Jolin-Barrette, affirmed the government’s commitment to defending the law, while advocates for civil liberties express concerns about potential violations of rights without judicial oversight. The World Sikh Organization welcomed the Supreme Court’s decision to hear the appeal, emphasizing the implications for protections of religious minorities.

The outcome of this case could significantly influence how both federal and provincial governments utilize the notwithstanding clause moving forward. This could potentially affect the Muslim Community and their religious freedoms.

In Quebec, a ban on public prayer rooms in schools was implemented by Education Minister Bernard Drainville in April 2023, after reports of some schools allowing such gatherings. A Quebec Superior Court ruling later upheld this ban in June 2023, denying a request to suspend it.