The Supreme Court of Canada has officially scheduled a pivotal hearing for March 23, where it will consider the English Montreal School Board's (EMSB) appeal against Quebec's controversial secularism law, known as Bill 21.
The Legal Journey to Canada's Highest Court
This hearing represents the latest chapter in a protracted legal battle. The case stems from a February 2024 decision by the Quebec Court of Appeal, which overturned a lower court ruling. That earlier Superior Court decision had granted members of the EMSB and other English school boards an exemption from the law's provisions. The Court of Appeal's ruling effectively removed those charter protections, prompting the EMSB to seek leave to appeal to the nation's highest court, which agreed to hear the case in January.
The law in question, the Act respecting the laicity of the state, was passed by Quebec's legislature on June 16, 2019. Its core purpose is to affirm the secular nature of the provincial state. To achieve this, it prohibits certain public sector employees in positions of authority—including teachers, police officers, and judges—from wearing religious symbols while performing their duties and requires them to have their faces uncovered.
Notwithstanding Clause and Widespread Challenges
A critical and contentious aspect of the law's enactment was the Quebec government's use of the notwithstanding clause in both the Canadian and Quebec charters. This constitutional tool allows legislatures to override certain charter rights and freedoms for a limited period, and it was invoked to shield Bill 21 from challenges based on freedoms of religion and expression.
Despite this preemptive shield, the law faced immediate and numerous legal challenges upon coming into force. Several groups and individuals launched separate proceedings, arguing that the law or specific parts of it violated fundamental rights guaranteed by the charters. Key challengers alongside the EMSB have included the National Council of Canadian Muslims and the Canadian Civil Liberties Association.
What's at Stake in the March Hearing
The upcoming Supreme Court hearing is narrowly focused on the EMSB's specific appeal regarding the applicability of Bill 21 to English school boards. The central question is whether these boards, by virtue of their role in managing Quebec's minority English-language education system, should be exempt from the law's restrictions on religious symbols.
The outcome of this appeal will have significant implications for the autonomy of Quebec's English-language educational institutions and for employees within them. It also represents a crucial legal test concerning the intersection of minority language rights, provincial secularism policy, and the limits of the notwithstanding clause. All eyes will be on the Supreme Court on March 23 as it weighs these complex constitutional and societal issues.
