Quebec court upholds law restricting public officials from wearing religious symbols News
Jeangagnon, CC BY-SA 3.0, via Wikimedia Commons
Quebec court upholds law restricting public officials from wearing religious symbols

The Quebec Court of Appeal upheld Bill 21 on Thursday, the province’s secularism law, which restricts certain public officials from wearing religious symbols while performing their duties. This decision is the latest in a series of legal challenges and discussions surrounding the law since its introduction in June 2019.

The court’s ruling specifically addressed the law’s application to English-language schools, removing a previously granted exemption by the lower court, which allowed English schools to employ teachers wearing religious symbols. The court stated this did not infringe upon the rights of anglophone students to receive education in their minority language.

Moreover, the court upheld an exemption for members of the National Assembly from this ban, distinguishing between the roles of elected officials and those of other public servants subject to the law.

This legal battle began with the government’s appeal against the lower court’s decision in 2021, which upheld most aspects of the bill but introduced the exemption for English schools. The Quebec government, led by Premier François Legault, argued that the exemption created an unjust distinction between francophone and anglophone educational institutions.

Legault lauded the court’s decision as an affirmation of Quebec’s secular values. He further emphasized his administration’s plan to continue their invocation of the notwithstanding clause to protect the law against legal challenges. This clause allows provincial governments to override specific sections of the Canadian Charter of Rights and Freedoms in renewable intervals of five years.

Federal Justice Minister Arif Virani, in anticipation of potential legal challenges, issued the following written statement:

I expect the parties will seek leave to appeal to the Supreme Court of Canada. If leave is granted, it becomes, by definition, a national issue. Our government will be there to defend the Charter before the Supreme Court of Canada. This case touches on fundamental freedoms and rights and the interpretation and application of the Charter. We are firmly committed to engage in these important national discussions that have broad implications for all Canadians.

The Canadian Civil Liberties Association and the National Council of Canadian Muslims have announced their intention to escalate the case to the Supreme Court of Canada.

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