Court of Appeal rules secularism law constitutional
Toronto Star|March 01, 2024
Ruling states it was wrong to exempt English school boards from Bill 21
SIDHARTHA BANERJEE AND JACOB SEREBRIN

MONTREAL The Quebec Court of Appeal ruled 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 pre-emptive 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 Thursday. "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."

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