Bill 21: Five things about the province's contentious secularism law
Quebec's secularism law, known as Bill 21, has faced numerous court challenges since it was adopted nearly five years ago, with the Quebec Court of Appeal the latest to weigh in. Here's a look at the law.
What is Bill 21?
Bill 21 was passed in June 2019 and confirmed the province's secular status. Formally called "An Act Respecting the Laicity of the State," it sets out four principles of Quebec secularism: separation of state and religion, the state's religious neutrality, the equality of all citizens and freedom of conscience and freedom of religion.
Among its most controversial measures is one forbidding state employees deemed to be in positions of power from wearing religious symbols at work.
Public servants, including teachers, police officers and judges, are forbidden from wearing religious symbols such as a hijab, turban or kippah while working. The legislation also requires people offering and receiving government services to have their face uncovered while doing so. The Quebec government has described the law as reasonable.
Who is affected by Bill 21?
The bill included a grandfather clause exempting those who were employed before the bill was tabled, as long as they don't change jobs, but new hires must abide by the rules. A Quebec Superior Court ruling in April 2021 struck down clauses pertaining to English-language school boards and a ban on provincial legislature members from wearing face coverings, but the law remains in effect until appeals are heard. That means English school boards have not been able to hire as they please.
The notwithstanding clause
The province pre-emptively used Section 33 of the Charter of Rights and Freedom, known as the notwithstanding clause, to shield the legislation from any court challenges over fundamental rights violations.
François Legault’s Coalition Avenir Québec government recently announced it plans to renew the use of the clause for another five years. The Charter stipulates that the notwithstanding clause is valid for five years, after which time a government would have to renew it.
Since first coming to power in 2018, Legault's government has invoked the notwithstanding clause twice -- to protect its secularism law and, later, its French language law reform, known as Bill 96.
Opposition to Bill 21
While the Quebec government has repeatedly called Bill 21 a moderate law that enjoys support from a majority of Quebecers, it has sparked outrage among religious minorities, both in Quebec and elsewhere in the country. Critics argue it targets racialized minorities who choose to practice their faith and prevents them from working in parts of the public sector without comprising their religious beliefs. Federal politicians have also been critical, and Ottawa has said it would intervene if the case makes its way to the Supreme Court of Canada.
Legal timeline
The law was challenged on several fronts despite the use of the notwithstanding clause. In April 2021, Quebec Superior Court Justice Marc-André Blanchard issued a 242-page decision that upheld most of the law while acknowledging it violates the rights of Muslim women and has a cruel and dehumanizing impact on those who wear religious symbols.
The Quebec government and groups that had challenged the law announced they would appeal, with the province arguing the court had gone too far and the groups saying it did not go far enough. Three judges from the province's Court of Appeal heard arguments in November 2022 from lawyers in eight related cases, and at the time they warned lawyers they would likely deliberate for some time.
Their decision Thursday upheld the law and overturned the exemption for English schools.
This report by The Canadian Press was first published Feb. 29, 2024.
CTVNews.ca Top Stories
'A beautiful soul': Funeral held for baby boy killed in wrong-way crash on Highway 401
A funeral was held on Wednesday for a three-month-old boy who died after being involved in a wrong-way crash on Highway 401 in Whitby last week.
'Sophisticated' cyberattacks detected on B.C. government networks, premier says
There has been a "sophisticated" cybersecurity breach detected on B.C. government networks, Premier David Eby confirmed Wednesday evening.
Police handcuff man trying to enter Drake's Toronto mansion
Toronto police say a man was taken into custody outside Drake's Bridle Path mansion Wednesday afternoon after he tried to gain access to the residence.
Biden says he will stop sending bombs and artillery shells to Israel if they launch major invasion of Rafah
U.S. President Joe Biden said for the first time Wednesday he would halt shipments of American weapons to Israel, which he acknowledged have been used to kill civilians in Gaza, if Prime Minister Benjamin Netanyahu orders a major invasion of the city of Rafah.
Rookie goalie Arturs Silovs to start for Canucks in Game 1 vs. Oilers
Rookie goalie Arturs Silovs will start in net for the Canucks as Vancouver kicks off a second-round series against the Edmonton Oilers Wednesday night.
Nijjar murder suspect says he had Canadian study permit in immigration firm's video
One of the Indian nationals accused of murdering British Columbia Sikh activist Hardeep Singh Nijjar says in a social media video that he received a Canadian study permit with the help of an Indian immigration consultancy.
Pfizer agrees to settle more than 10K lawsuits over Zantac cancer risk: Bloomberg News
Pfizer has agreed to settle more than 10,000 lawsuits about cancer risks related to the now discontinued heartburn drug Zantac, Bloomberg News reported on Wednesday, citing people familiar with the deal.
Quebec premier defends new museum on Quebecois nation after Indigenous criticism
Quebec Premier Francois Legault is defending his comments about a new history museum after he was accused by a prominent First Nations group of trying to erase their history.
U.S. presidential candidate RFK Jr. had a brain worm, has recovered, campaign says
Independent U.S. presidential candidate Robert F. Kennedy Jr. had a parasite in his brain more than a decade ago, but has fully recovered, his campaign said, after the New York Times reported about the ailment.