Groups seek leave to appeal Bill 21 ruling
MONTREAL • Civil liberties groups are seeking leave to appeal a recent Quebec superior Court decision that found it wasn’t necessary to temporarily suspend certain provisions of Quebec’s secularism law while a full challenge is mounted.
the national Council of Canadian muslims and Canadian Civil liberties association announced their intention tuesday on the steps of Quebec’s Court of appeal building in montreal.
last thursday, the Quebec superior Court ruled that Bill 21 would continue to apply in full until a challenge of the law could be heard on it merits — a process that could take months.
Justice michel yergeau ruled that the applicants had failed to demonstrate harm warranting a stay, but national Council of Canadian muslims’ executive director mustafa Farooq argues that people are being affected by the law now and it must be stopped.
Farooq says if allowed to appeal, the groups plan to highlight areas where they believe yergeau erred in his ruling.
at its core, Farooq said, the law divides and forces people to give up their identities, and if they refuse, they’re deemed unwelcome in segments of society.
the provincial law, which came into effect in June, bans some public sector workers, including teachers and police officers, from wearing religious symbols on the job.
and the law is having immediate impact. amrit Kaur, a representative for the World sikh Council in Quebec and a recent teaching graduate said she has had to look elsewhere for employment.
no date has been set before the province’s high court.
Bill 21 invokes the notwithstanding clause of the Canadian Constitution, which prevents citizens from challenging the law for violating fundamental rights and liberties protected by the Canadian Charter of rights and Freedoms.
arguing on behalf of the two organizations and an education student who wears a hijab, the lawyers who challenged the legislation said it encroaches on federal jurisdiction, is impermissibly vague and violates citizens’ rights to participate in democratic institutions.
yergeau said those arguments did not justify the stay, and he rejected claims the law itself was causing harm to muslim women or to other religious minorities.