Will Canada’s Supreme Court hear the challenge to Quebec’s Bill 21?

The Supreme Court of Canada will decide Thursday whether it will hear a challenge to Quebec’s secularism law, known as Bill 21.

In February 2024, the Quebec Court of Appeal upheld the law, which prohibits some public sector workers such as teachers and police officers from wearing religious symbols on the job – like a hijab, turban, or cross.

Groups including the National Council for Canadian Muslims (NCCM), the Canadian Civil Liberties Association (CCLA) and the English Montreal School Board (EMSB) have sought leave to appeal that decision to the Supreme Court.

“I will be surprised honestly to see or to hear tomorrow that the Supreme Court of Canada will be refusing to give hope for Canadians,” said Samer Majzoub, the president of the Canadian Muslim Forum. “We have to put in mind that those individuals, those young ladies, those men are Canadians and they have their all rights to be preserved.

“They have their rights to be preserved and protected by courts and it will be really shocking if we hear it or the decision come the other way.”

The challenge deals with minority language educational rights and gender equality rights.

It’s about whether the Quebec government can alter fundamental rights without judicial oversight, and whether the notwithstanding clause, which allows the government to override some fundamental rights, was used appropriately.

In April 2021, the Quebec Superior Court gave the EMSB a partial victory by exempting English school boards from the law – but that was overturned at the province’s highest court.

“For me the ideal outcome would be to have them throw out Bill 21 and have the government remake it in a way that’s more compliant with the Constitution,” said Idil Issa, a law student and the founder of Muslim Women Against Racism and Islamophobia.

Issa testified at the legislative hearings for the bill at the National Assembly in 2019.

“No religious group should be granted special treatment,” she said. “And so in that sense secularism, a secular stance by the government is understandable. I think just in going about trying to achieve that … I think they’ve really damaged civil liberties and religious rights in the process.”

The Quebec government has long argued the law is reasonable, and the province’s justice minister has said he intends to vigorously defend it against all challenges.

Advocacy groups have claimed the bill violates human rights and is discriminatory.

“Hopefully that tomorrow the court will accept the appeal at least and for our political class to hear our messages and for the society to show support to all women in respect of their background,” Majzoub said.

“I’m certain they will definitely hear the case,” Issa added.