Provincial government will appeal Quebec Superior Court decision of religious symbols ban

The province’s contentious secularism law, Bill 21, which forbids public sector workers like teachers, police officers and judges, from wearing religious symbols was partly struck down Tuesday by the Quebec Superior Court.

Justice Marc-andré Blanchard ruled that the law is mostly constitutional. However, under section 23 of the Charter of Rights and Freedoms, the law cannot be enforced in English school boards because it violates minority language education rights.

Blanchard also concluded that the law infringes on section 3 of the Charter, which “guarantees Canadian citizens the democratic right to vote in a general federal or provincial election and the right to be eligible for membership in the House of Commons or of a provincial legislative assembly.”

The language used in the secularism law would prohibit elected members of the National Assembly from wearing religious symbols and face coverings. Justice Minister Simon Jolin-barrette said every member should keep their face uncovered.

Bill 21, which was adopted in 2019, prohibits public sector workers from wearing symbols, like hijabs, kippas or turbans at work. The government protected the law using the notwithstanding clause. It was challenged immediately by the English Montreal School Board (EMSB).

Jolin-barrette has already stated that the government will be appealing Blanchard’s decision. During a press briefing, he told reporters that he did not agree with the judgement. Quebec needs to be united, Jolinbarrette explained, and this divides the province.

“It’s not about me, it’s about the state of Quebec,” he said to a reporter who asked him how he felt about losing to the EMSB. “There’s only one state here in Quebec, there’s only one law that applies for everybody, for the same thing, and that’s why we’re going on appeal.”

Jolin-barrette isn’t satisfied with Blanchard citing section 23 of the Charter as a reason for making English school boards exempt from the law. There’s no two Quebecs, there’s only one Quebec, he said, which the province plans to use as an argument in its appeal.

“It’s a clause that deals with language, it’s not a clause that deals with laicity, or secularism of the state, so we don’t agree with that,” said Jolinbarrette.

The Eastern Townships School Board (ETSB) praised Blanchard’s decision. ETSB Chairman Mike Murray told The Record that in today’s modern Quebec, there is no place for that kind of law. He added that it feels good to have minority language rights confirmed.

“Well, I can’t help but be delighted that it doesn’t apply to the English boards and at the same time I’m a little saddened that it still applies to such a large slice of Quebec society because it is blatantly discriminatory,” he said.

Murray admitted that in one of his “more selfish reflections,” he believes that in an era of teacher shortages, this will give English school boards a much larger recruitment pool. He added that it will work to their benefit, and to the benefit of the students.

But the government is insistent, he continued, and the law still applies to a significant portion of Quebec, including the French education system. He also isn’t surprised that Jolin-barrette confirmed the provincial government’s plan to appeal the Superior Court judgement.

“They already said that before, there was no doubt that they would appeal,” Murray said. “They can’t ever admit that they made a mistake.”