OTTAWA — The Canadian Civil Liberties Association (CCLA), the National Council of Canadian Muslims (NCCM) and Ms. Ichrak Nourel Hak will appear before the Supreme Court of Canada this week to continue our constitutional challenge to Quebec’s Bill 21 – An Act respecting the Laicity of State.
The Court will hear arguments this week in what is expected to be one of the most significant constitutional cases in recent years. Counsel for CCLA, NCCM and Madame Hak will argue that Bill 21 should be struck down, as it undermines the Canadian constitutional structure and its division of powers, and violates fundamental rights and freedoms enshrined in both the Quebec and Canadian Charters of Rights and Freedoms.
“Our Constitution was not written with disappearing ink,” said Howard Sapers, Executive Director at the CCLA. “Bill 21 goes against centuries of Canada’s constitutional history, which guarantees the right to participate in public institutions regardless of religious beliefs.”
Enacted in 2019, Bill 21 prohibits individuals in Quebec who work in or aspire to work in public service from wearing religious symbols – including hijabs, turbans, yarmulkes, and crosses.
“Bill 21 does not foster state neutrality towards religion. Instead, it excludes people, especially Muslim women, from working in the public sector in Quebec,” says Harini Sivalingam, Director of Equality Program at the CCLA. “Stripping people of their right to work because of their faith has no place in a democracy.”
“There must be limits to how the notwithstanding clause can be used by governments,” said Anaïs Bussières McNicoll, Director of the Fundamental Freedoms Program at the CCLA. “Otherwise, governments could one day invoke it to legalize torture, criminalize speech critical of the government, or ban abortion.”
The four-day hearing began today and is being lived streamed by the Court.
We are grateful to the excellent pro bono representation of David Grossman, Olga Redko, and Marie-Hélène Lyonnais from IMK in this case.
About the Canadian Civil Liberties Association
The CCLA is an independent, non-profit organization with supporters from across the country. Founded in 1964, the CCLA is a national human rights organization committed to defending the rights, dignity, safety, and freedoms of all people in Canada.
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