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Quebec’s Bill 21: Canadian Supreme Court will hear challenge over secularism law

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Supreme Court of Canada will hear legal challenge to Quebec’s secularism law
WATCH: Canada's highest court will hear a court challenge to Quebec's controversial secularism law, known as Bill 21. The Supreme Court of Canada published its decision on Thursday, giving groups one last chance to get the law struck down. Global's Franca Mignacca reports – Jan 23, 2025

The Supreme Court of Canada will go ahead and hear a challenge to Quebec’s controversial secularism law.

The decision came down on Thursday from the country’s top court and will allow the final legal battle between the Quebec government and civil rights and community groups that argue that the bill is discriminatory and unconstitutional.

Known as Bill 21, the legislation prohibits public sector workers such as teachers or police officers from wearing religious symbols while on the job.

In 2024, the Quebec Court of Appeal upheld the law that was brought to the country’s top court by groups like the National Council of Canadian Muslims, the Canadian Civil Liberties Association and the English Montreal School Board.

‘A level of credibility that wasn’t there before’

In reaction to the court’s decision, a joint statement from Secularism Minister Jean-François Roberge and Attorney General Simon Jolin-Barrette said, “One thing is certain, the Quebec government will fight to the end to defend the law.”

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“Quebecers have chosen secularism; a collective and legitimate choice that represents the culmination of decades of debate,” it continued. “It is crucial, even vital, for Quebec to be able to make its own choices — choices that align with our history, our distinct social values, and the aspirations of our nation.”

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Federal Justice Minister Arif Virani emphasized the importance of the case at the Supreme Court, saying, “It’s not just a provincial conversation but a national question. We have to be involved as the government of Canada, because the hearing and decision will have implications on the rights and charters of the provinces — on equality, expression and religion — that will influence and impact all Canadians.”

Amrit Kaur, a practicing Sikh teacher who left the province for British Columbia after the law was passed, told Global she felt reassured after hearing the court’s decision.

She said the Supreme Court’s role in the conversation will bring a level of credibility to it that wasn’t there before.

Stephen Brown, CEO of the National Council of Canadian Muslims, called the legislation a populist law designed to capitalize on popular feelings of angst surrounding religious minorities, particularly women in hijab.

“It’s a law that divides society, a law that was passed with the express purpose of taking away the rights of select groups of unpopular minorities.”

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Bill 21 was passed in 2019 during the Coalition Avenir Québec (CAQ) government’s first mandate.

It pre-emptively invoked the notwithstanding clause of the Canadian Charter of Rights and Freedoms to protect the legislation from court challenges over violations of fundamental rights.

–With files from The Canadian Press

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