Quebec Appeal Court rules secularism law constitutional in rebuff to English schools
MONTREAL — The Quebec Court of Appeal ruled on Thursday that the province’s secularism law is constitutional and a lower court was wrong to exempt English school boards from the law, known as Bill 21.
In a unanimous decision, the province’s highest court upheld the law that prohibits public sector workers in positions of authority — including teachers, judges and police officers — from wearing religious symbols on the job.
The victory for the Quebec government hinged on its preemptive use of the Charter’s notwithstanding clause, which shields legislation from most court challenges over violations of fundamental rights. An April 2021 Quebec Superior Court ruling had left the law largely intact, despite what the judge described as “serious and negative” impacts on people who wear religious symbols.
“The court has confirmed Quebec’s right to make its own decisions,” Premier François Legault told reporters in Montreal. “Secularism is a collective choice that is part of our history, in continuity with the Quiet Revolution. Secularism is a principle that unites us as a nation in Quebec.”
Legault said the government will continue to use the notwithstanding clause for “as long as it is necessary for Canada to recognize the societal choice of the Quebec nation” adding that “it’s non-negotiable.” The government has tabled legislation to renew the application of the clause to Bill 21 for another five years.
The lower court had exempted English school boards from certain provisions of the law on the basis that minority language education rights — which aren’t covered by the Charter’s notwithstanding clause — weren’t respected. But the three-judge appeal panel rejected that analysis. The only aspect of Bill 21 that the Appeal Court found to be a violation of the Charter was its ban on face coverings for members of the provincial legislature, affirming the lower court’s finding.
The English Montreal School Board said it will review the decision before deciding on an appeal to the Supreme Court of Canada. “We’re obviously disappointed that this court did not judge in our favour,” said Joe Ortona, the board’s chairman.
The Quebec government has repeatedly argued that Bill 21 is moderate and supported by a majority of Quebecers, while opponents say it discriminates against racialized minorities who choose to practise their faith.
The Appeal Court found the lawmakers’ intent was clear, and there was no hidden agenda to discriminate. “At no point did anyone maintain that the purpose of the bill was to punish, penalize or stigmatize persons whose religious beliefs would be subject to constraints by reason of the affirmation of state laicity through the measures proposed here,” the ruling reads.