The Supreme Court of Canada has decided to take a closer look at Quebec’s divisive 2019 law that bans public officials in authority from wearing religious symbols in the course of their duties.
This case, officially titled English Montreal School Board, et al. v. Attorney General of Quebec, et al., was accepted for review last Thursday.
The court’s announcement did not provide specific reasons for hearing the appeal, but it did mention that Justice Mahmud Jamal recused himself from the case.
Government Response
In light of this development, Quebec’s Justice Minister Simon Jolin-Barrette, alongside Minister for Secularism Jean-François Roberge, made it clear that they plan to mount a strong defense for the law.
Both ministers underscored the importance of allowing Quebec to make choices that resonate with its distinct history and social values.
Meanwhile, the federal government of Canada has signaled its intention to intervene in the ongoing legal dispute surrounding this legislation, known as Bill 21.
Passed by Quebec’s National Assembly in 2019, the law mandates that certain public officials—such as police officers and teachers—must refrain from wearing religious symbols while carrying out their roles.
The law’s validity was upheld in the past year, despite ongoing challenges.
Legal Challenges and Implications
Since its inception, Bill 21 has encountered a range of legal challenges, none of which have successfully overturned the law as of yet.
While a ruling from the Quebec Superior Court initially favored English-language school boards by citing violations of their linguistic rights, the Quebec Court of Appeal reversed this decision in February 2024.
During a recent event, Harini Sivalingam, the director of the Equality Program at the Canadian Civil Liberties Association—which opposes the legislation—voiced concerns about the law’s impact.
She argued that Bill 21 devalues the dignity and rights of public service employees and job seekers in Quebec.
Sivalingam described the legislation as discriminatory, particularly affecting certain religious minorities, including women from Muslim, Sikh, and Jewish backgrounds.
Context and Perspectives
Meanwhile, legal scholar Dwight Newman from the University of Saskatchewan shared insights in a recent op-ed for The Hub.
He noted that Quebec’s approach is deeply rooted in its unique relationship with state authority and religious institutions.
Newman explained that the province’s law arises from an ongoing conversation about religious freedom in connection to government roles.
He pointed out that Quebec’s position is not dramatically different from those of other liberal democracies in Europe that have faced similar historical issues, referencing the European Court of Human Rights’ acceptance of comparable approaches.
Source: Christianpost
