Advertisement

Canadian Bar Association calls on Quebec to drop notwithstanding clause from Bill 21

The Canadian Bar Association has come out against Quebec's pre-emptive use of the notwithstanding clause to shield its controversial secularism bill from court challenge. Getty Images

The Canadian Bar Association has come out against Quebec’s pre-emptive use of the notwithstanding clause to shield its controversial secularism bill from court challenge.

READ MORE: ‘Quebec will always be open’: Immigration minister defends religious symbols bill

The president of the association’s Quebec branch, Audrey Boctor, said Thursday that the Quebec government is depriving citizens of the ability to make an enlightened decision about legislation that limits the rights of religious minorities.

WATCH BELOW: West Island communities voice opposition to Quebec’s religious symbols bill

Click to play video: 'West Island communities voice opposition to Quebec’s religious symbols bill'
West Island communities voice opposition to Quebec’s religious symbols bill

Bill 21, introduced last Thursday, would prohibit public sector workers deemed to be in positions of authority, including school teachers and police officers, from wearing religious symbols on the job.

Story continues below advertisement

READ MORE: Quebec religious symbols bill would affect students planning to be teachers, police officers

Get the day's top news, political, economic, and current affairs headlines, delivered to your inbox once a day.

Get daily National news

Get the day's top news, political, economic, and current affairs headlines, delivered to your inbox once a day.
By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy.

The inclusion of the notwithstanding clause blocks citizens’ from challenging the bill over violations of fundamental rights protected by the federal and provincial charters.

Premier François Legault has said his government invoked the clause to avoid legal challenges that would cause lengthy delays in the law’s implementation.

WATCH BELOW: Montreal Mayor Valérie Plante weighs in on Quebec’s proposed religious symbols ban

Click to play video: 'Montreal Mayor Valérie Plante weighs in on Quebec’s proposed religious symbols ban'
Montreal Mayor Valérie Plante weighs in on Quebec’s proposed religious symbols ban

Boctor says Legault’s comments suggest the court process is useless or illegitimate.

READ MORE: Quebec’s plan to reduce immigration levels misguided, won’t help newcomers: study

She adds that while the use of the notwithstanding clause blocks obvious court challenges, it would be wrong to assume the bill won’t end up before the courts.

Story continues below advertisement

WATCH BELOW: Quebec government tables controversial religious symbols bill

Click to play video: 'Quebec government tables controversial religious symbols bill'
Quebec government tables controversial religious symbols bill

Boctor says legal scholars have already raised a number of grounds on which it could be challenged.

READ MORE: Will Montreal defy Quebec’s secularism bill?

A spokesman for Bill 21 sponsor, Immigration, Diversity and Inclusiveness Minister Simon Jolin-Barrette, was not immediately available for comment.

WATCH BELOW: Quebec premier ‘very proud’ of religious symbols bill

Click to play video: 'Quebec Premier ‘very proud’ of religious symbols bill'
Quebec Premier ‘very proud’ of religious symbols bill

Sponsored content

AdChoices