Bill 21: Quebec cites ‘social peace’ to extend notwithstanding clause

QUEBEC — The Quebec government tabled legislation today to continue shielding the province’s secularism law — known as Bill 21 — from court challenges over Charter violations.

Jean-François Roberge, the minister responsible for secularism, says the application of the Constitution’s notwithstanding clause for another five years is needed to preserve “social peace” in the province.

“But I think most Quebecers, almost all Quebecers, are happy with the climate we have right now,” said Roberge. 

Bill 21 was passed in June 2019 and prohibits public servants deemed to be in positions of authority — including teachers, police officers and judges — from wearing religious symbols on the job.

“But it’s important for us to ban, not accept the religious symbol, signs for people being in an authority position. I think it’s reasonable,” said Quebec Premier Francois Legault. 

The official Opposition Liberals oppose the extension of the notwithstanding clause, saying there is no justification for suspending fundamental freedoms.

But the Coalition Avenir Québec has a majority government, and the other two opposition parties, the Parti Québécois and Québec solidaire, support the extension of the clause.

“It’s obvious. Before we voted the law about the secularism, we had a lot of discussion, which is normal,” explained Roberge. “But we have a lot of complaint, crisis, manifestation outside. It wasn’t a nice climate. People were group against group, people against people. And we don’t see that now. Since we voted the secularism, we have a more peaceful living here in Quebec.”

The Charter of Rights and Freedoms stipulates that the notwithstanding clause can be applied to legislation for five years, after which time a government has to renew it.

This report by The Canadian Press was first published Feb. 8, 2024.

The Canadian Press