The Supreme Court of Canada will determine if it will hear a challenge against Quebec's Bill 21, which bans religious symbols for public service workers. The case raises questions about the scope of the notwithstanding clause and its impact on fundamental rights.
The Supreme Court of Canada is set to make a momentous decision on Thursday regarding the power of governments to override fundamental rights enshrined in the Charter of Rights and Freedoms. At the heart of this deliberation is Quebec 's controversial Bill 21, enacted in 2019, which prohibits public service workers, including teachers and police officers, from wearing religious symbols while on duty.
This law, aimed at promoting secularism in Quebec, has sparked widespread debate and legal challenges.To shield Bill 21 from court scrutiny, Quebec Premier François Legault invoked Section 33 of the Charter, known as the notwithstanding clause, effectively overriding certain Charter provisions. This move has allowed the law to largely remain intact, despite numerous legal challenges. Six groups, including the World Sikh Organization of Canada, are petitioning the Supreme Court to review Bill 21 on various grounds, arguing that it infringes upon minority language educational rights and gender equality rights. They contend that the notwithstanding clause should not be a blank check for governments to disregard fundamental rights.Amrit Kaur, a 33-year-old Sikh high school teacher who wears a turban, exemplifies the impact of Bill 21. She left Quebec to teach in Vancouver after the law was passed, feeling excluded from the province's debate on secularism. Kaur believes that wearing a religious symbol in the classroom does not equate to proselytizing beliefs and argues that while the notwithstanding clause provides provinces with a degree of autonomy, it should not supersede human rights. The Supreme Court's decision on whether to hear the Bill 21 case will have significant implications for the balance between provincial autonomy and the protection of fundamental rights in Canada. It is a case that has garnered national attention and will likely shape the future of the notwithstanding clause's application
NOTWITHSTANDING CLAUSE BILL 21 QUEBEC SUPREME COURT OF CANADA CHARTER OF RIGHTS AND FREEDOMS RELIGIOUS SYMBOLS HUMAN RIGHTS
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