In a landmark Supreme Court of Canada hearing, Catholic bishops have asserted that Quebec does not possess the constitutional authority to prohibit government employees from wearing religious symbols at work. The arguments, presented on Thursday, mark a pivotal moment in the ongoing legal battle over Bill 21, Quebec's controversial secularism law.
Constitutional Clash Over Jurisdiction
Philip H. Horgan, legal counsel for the Canadian Conference of Catholic Bishops, contended that Canada's constitution is fundamentally "pluralist, neutral and pro-religion." He emphasized that any regulation of religion falls under federal jurisdiction, not provincial. Horgan pointed to historical precedents, noting that Quebec required parliamentary approval via a constitutional amendment in 1997 to replace religion-based schools, yet did not seek similar permission for Bill 21.
Judicial Scrutiny and Pushback
During the proceedings, Justice Malcolm Rowe challenged Horgan's characterization of the constitution as pro-religion, asking for specific provisions beyond the preamble's reference to "the supremacy of God." In response, Horgan cited two key examples: the Constitution Act's protection of denominational schools and federal law granting charitable status to religious organizations, which recognizes religion as a public good.
The Core of Bill 21
Bill 21, enacted in 2019, prohibits certain public sector employees—including teachers, police officers, and judges—from wearing religious symbols such as hijabs, kippahs, turbans, and crucifixes while on duty. Quebec invoked the notwithstanding clause to shield the law from certain Charter of Rights and Freedoms challenges, a move that has sparked widespread debate.
Bishops' Philosophical Argument
In their written submission, the bishops argued that Bill 21 "turns the expression of religious belief into something to be punished" because it conflicts with the province's stance on secularism, or laïcité. They stated, "Just as religious symbols manifest an underlying personal faith, the prohibition of religious symbols manifests an outlook from the provincial government that denies the divine." This perspective frames the law as not merely a policy issue but a philosophical rejection of higher powers.
Broad Coalition of Opposition
The bishops join an unusual coalition of religious groups opposing Bill 21, including the World Sikh Organization of Canada, the National Council of Canadian Muslims, and the Lord Reading Law Society, which represents Jewish lawyers in Quebec. This diverse alliance highlights the law's impact across multiple faith communities and underscores the national significance of the case.
Final Hearings and Implications
Thursday's session concluded four days of Supreme Court hearings, appealing a Quebec Court of Appeal ruling that largely upheld Bill 21. The outcome could set a precedent for provincial jurisdiction over religious expression and the use of the notwithstanding clause in Canadian law. As the legal proceedings wrap up, observers await the court's decision, which will shape the future of secularism and religious freedom in Quebec and beyond.
