Canada’s top court to hear challenge to controversial Quebec secularism law
GuardianJan 22
Canada's Supreme Court to Hear Quebec Religious Symbol Ban Case
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Above: The Canadian Supreme Court in Ottawa. Image copyright: Richard Lautens/Contributor/Toronto Star via Getty Images
The Facts
Canada's Supreme Court announced on Thursday it will hear a challenge to Quebec's Bill 21, a 2019 law that prohibits public sector workers in positions of authority from wearing religious symbols while performing their duties.
The law affects various public workers, including teachers, judges, police officers, and prison guards, requiring them to remove religious symbols such as hijabs, turbans, kippahs, and crosses while at work. Quebec has used the Constitution's notwithstanding clause to shield the legislation from legal challenges.
Quebec's government successfully defended the law against two previous court challenges, including a February 2024 Quebec Court of Appeal decision that upheld the legislation and overturned an exemption for English-language schools.
The Spin
Narrative A
It doesn't matter how many plaintiffs challenge this law or what the courts rule, Quebec has the right to make its own decisions and will defend this law for perpetuity. The law is moderate and popular among the people of Quebec. There's no reason why it shouldn't stand.
Narrative B
It's important that the Supreme Court has agreed to hear this case because it gives hope that this law — which violates Canadians' civil rights and freedoms and disproportionately affects religious minorities — will be overridden. This unconstitutional law shouldn't withstand a challenge to the notwithstanding clause.
