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Quebec’s Secularism Law Heads to Canada’s Supreme Court
Canada’s Supreme Court has agreed to review Quebec’s divisive secularism law, sparking a heated discussion around provincial authority and the rights of religious and ethnic minorities.
On Thursday, the Supreme Court justices granted permission to appeal the 2019 law, which prohibits certain public employees in positions of authority—including judges, police officers, prison guards, and teachers—from wearing religious symbols while working.
Other public workers, such as bus drivers, doctors, and social workers, are only required to keep their faces visible.
Although the law does not specify particular religious symbols, it broadly bans items such as kippahs, turbans, and crosses. Critics argue it unfairly targets Muslim women who wear the hijab, highlighting its disproportionate impact on specific groups.
Quebec’s justice minister and the minister responsible for secularism jointly declared their intention to defend the legislation, stating it reflects the province’s unique history, values, and national identity. They described federal opposition as disrespectful and a challenge to Quebec’s autonomy.
The law has been accused of violating Canada’s Charter of Rights and Freedoms. However, Quebec invoked the “notwithstanding clause,” a legal tool that allows temporary suspension of certain charter rights for up to five years.
Initially passed in 2019, the law was renewed in 2024 using this clause. The Quebec government has defended the law in two previous rulings, including a provincial court of appeal decision affirming the clause’s proper use.
Six groups petitioned the Supreme Court to take up the case last year. The federal government, which has been cautious about intervening to avoid alienating Quebec voters, will now participate in arguments against the law, also known as Bill 21.
Prime Minister Justin Trudeau previously expressed concerns over the law after a teacher was removed from her position in 2021 for wearing a hijab. Trudeau emphasized that Quebecers opposed the law and should take the lead in challenging it.
On Thursday, Justice Minister Arif Virani confirmed the federal government’s involvement, citing significant concerns about how the notwithstanding clause has been applied. He stated that Canada’s Liberal government is committed to defending the charter created over 40 years ago.
Organizations representing religious minorities welcomed the Supreme Court’s decision to hear the challenge. The Canadian Muslim Forum described it as a small but meaningful step for those affected by the law’s harsh consequences. The World Sikh Organization emphasized the case’s potential to shape the future of human rights in Canada.
While a hearing date has not yet been set, arguments are expected to occur in the fall. The Guardian originally reported on this unfolding legal battle.
