The bill declares the law will have effect ‘notwithstanding’ protections in the Canadian Charter of Rights and Freedoms
Quebec’s secularism bill reflects the wishes of the Quebecois nation, the government said after introducing legislation Thursday prohibiting many public sector workers from wearing religious symbols and blocking their ability to challenge the bill over rights violations.
The federal and Quebec charters protect the freedoms of conscience and religious expression and the right to equality. But they also include provisions allowing governments to pass laws overriding those rights. Jolin-Barrette said the notwithstanding clause has been used more than 100 times in Quebec, and the province is within its power under the Canadian Constitution to use it in this case.
The legislation includes what Premier Francois Legault on Thursday called a “compromise,” granting an acquired right to people wearing religious symbols who already work in public sector jobs targeted by the legislation. The government also introduced a motion calling for the withdrawal of the crucifix from the provincial legislature once Bill 21 is adopted.
However, because of the use of the notwithstanding clause, he sees no obvious avenues to challenge the law in the courts. Bill 21 includes specific wording for judges. Leckey said constitutional principles of judicial independence prevent the government from interfering with them “too directly.” The Conseil de la magistrature, which oversees the conduct of provincially appointed judges, will have the final say on how the rules apply to the judiciary.
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