Law 21: The Quebec Court of Appeal will let the elections pass

It would therefore have elapsed approximately 17 months between the first instance decision on Bill 21, issued in April 2021 by the Superior Court of Quebec, and the start of public hearings before the Quebec Court of Appeal.

Several experts and stakeholders had affirmed that it would have been possible for the Court of Appeal to hear this case this spring or this summer.

According to information obtained by Radio-Canada, the hearings will take place from November 7 at the earliest.

This schedule allows the Court of Appeal of Quebec to avoid placing itself at the center of the political battle surrounding Bill 21, which risks being one of the main issues in the next Quebec elections.

The State Secularism Act notably prohibits the wearing of religious symbols by certain state employees when performing their duties, including police officers and Crown prosecutors, as well as teachers. public primary and secondary schools.

In his trial judgment, Superior Court Judge Marc-André Blanchard had upheld the Act respecting the secularism of the State in force in Quebec, but suspended certain articles affecting English-language school boards and elected members of the National Assembly. .

Electoral stake

The Coalition Avenir Québec is in favor of maintaining Bill 21 as proposed by its government and adopted in 2019 by the National Assembly, with the support of the Parti Québécois.

The Liberal Party of Quebec wants to allow the wearing of religious symbols by teachers in Quebec. Moreover, the QLP is against the renewal, after five years, of the notwithstanding clause which protects large parts of Bill 21 from challenge based on the Charter.

In the Liberal Party of Quebec, we voted against the law because we believe that it does not respect the rights and freedoms of all Quebecerssays its spokesperson Jeremy Ghio by email.

Québec solidaire is in favor of eliminating all barriers to employment.

For us, secularism should apply to institutions, not to individuals. Under a supportive government, no one would be denied access to employment because of their religious beliefsexplains Camila Rodriguez-Cea, press officer for Québec solidaire, also by email.

Legal battle

One of the issues at the heart of the legal battle surrounding Bill 21 is the use of the notwithstanding clause even before the law has been challenged in court.

According to the law professor at the University of Sherbrooke, Guillaume Rousseau, who advised the Legault government on Bill 21, the Supreme Court of Canada has already accepted the use of the derogation clause as soon as a law is adopted.

The only limit set by the Supreme Court is that this provision cannot be used retroactively, but it can be used preventively, asserts Guillaume Rousseau, referring to Ford c. Quebec (1988).

Guillaume Rousseau, law professor at the University of Sherbrooke (archives)

Photo: Radio Canada

The federal government has already announced its intention to join the challenge to Bill 21 if the case ever goes to the Supreme Court.

Ottawa says the notwithstanding clause should not shield a law from legal challenge, but rather should be enforced – where appropriate – after the law has been reviewed by the courts.

Our objections on the use of the derogation clause, it is on the use beforehandFederal Justice Minister David Lametti said last month.