Quebec's secularism law Bill 21 heads to the Supreme Court
Posted on: Mar 23, 2026 17:58 IST | Posted by: Cbc
sublime margaret court hearings for Quebec's secularism jurisprudence acquire underway
Understanding Bill 21 and the notwithstanding clause
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Stephen Rukavina
Understanding Bill 21 and the notwithstanding clause
McGill Law Dean Robert Leckey discusses how some groups challenging Bill 21 are trying to get around the notwithstanding clause.
The province's Coalition Avenir Québec (CAQ) government used the notwithstanding clause in a new and novel way when drafting Bill 21.
The notwithstanding clause — Section 33 of Canada's Charter of Rights and Freedoms — allows governments to temporarily override certain sections of the Charter. In the past, governments have invoked the clause only after legal challenges to legislation worked their way through the courts.
The CAQ decided to invoke the clause pre-emptively to protect Bill 21 from court challenges.
This case hinges on whether Canada's Constitution allows provinces to use the clause that way.
Stephen Rukavina
Today the court will hear from lawyers representing groups and individuals challenging Bill 21: the English Montreal School Board, the World Sikh Organization of Canada, the Fédération autonome de l'enseignement (FAE) teacher's union, The Lord Reading Law Society (a Jewish lawyers' group in Quebec) as well as some individual teachers.
Hearings will begin at 9:30 a.m. ET.
Stephen Rukavina
Good morning from the Supreme Court of Canada in Ottawa. I'm Steve Rukavina, a reporter based in Montreal and I'll be following the hearings today in the challenge to Quebec's secularism law, Bill 21.
Just to refresh your memory: Bill 21 bans some civil servants, including teachers, from wearing religious symbols at work. It's been in effect since 2019.
Almost immediately the law was challenged in court by civil rights and religious groups, as well as some individual teachers. Bill 21 has been upheld by lower courts, and now the Supreme Court will have the final say, starting with the arguments today.
I followed those lower court hearings, and have covered the effects of Bill 21 and other secularism laws in Quebec.
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