Lawyers for Quebec government tell Supreme Court that Bill 21 is legitimate
The Supreme Court is reviewing whether Quebec's 2019 secularism law, Bill 21, can be shielded by the notwithstanding clause amid challenges from multiple rights groups.
- On Monday, the Supreme Court of Canada began four days of hearings into Quebec's Bill 21, a 2019 secularism law banning public-sector workers from wearing religious symbols and overriding the Canadian Charter of Rights and Freedoms.
- The Coalition Avenir Québec government pre-emptively invoked the notwithstanding clause to shield the law from legal challenges, a novel approach that lower courts have upheld while questioning this unprecedented use.
- Challengers, including the English Montreal School Board, argued the law violates gender equality and linguistic minority rights that cannot be overridden by the notwithstanding clause.
- On Tuesday, Quebec government lawyer Isabelle Brunet told the seven-judge panel that the notwithstanding clause is a political compromise that precludes judicial review of the legislation.
- Legal experts warned the ruling could establish substantive limits on the clause, with lawyer Frédéric Bérard suggesting unchecked use could enable a future "mini-Trump" to override rights without constitutional checks.
41 Articles
41 Articles
The Government of Canada has challenged the provinces that are mordicus to the current derogatory clause, including Quebec, to say whether slavery could be protected by this tool, which allowed for the passage of the Laity of the State Act.
Legault government lawyers invite the country's highest court to respect the parliamentary sovereignty of the National Assembly.
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