Extending the use of Notwithstanding Clause in Bill 21 is a grave injustice

TORONTO — Harini Sivalingam, Director of the Equality Program at the Canadian Civil Liberties Association, reacted to the introduction of legislation extending use of the notwithstanding clause in relation to Bill 21 in Quebec:

The Quebec government’s decision to extend the use of the notwithstanding clause to shield Bill 21 from some elements of Charter scrutiny is a grave injustice. Bill 21, also known as the “Secularism Law,” prohibits certain public sector employees, including teachers, police officers, and government lawyers from wearing religious symbols.

The Canadian Civil Liberties Association, along with the National Council of Canadian Muslims and an affected party are challenging Bill 21 as an unconstitutional law that infringes upon freedom of religion, expression and equality rights. This challenge is currently before the Quebec Court of Appeal and a decision is still pending.

The harms stemming from Bill 21 have been well documented. For nearly five years, the detrimental effects of Bill 21 have disproportionately affected Muslim women, Sikhs, Jews, as well as racialized and newcomer communities.

Since the enactment of Bill 21, individuals from these groups have reported a decline in safety within public spaces, hindered participation in social and political activities, and a curtailment of freedom of expression. Many members of visible religious minority groups have also experienced instances of both physical and verbal threats, as well as acts of violence.

This is why CCLA, along with our litigation partners, are challenging Bill 21 as unconstitutional law that discriminates on the basis of gender and religion.

By continuing to use the notwithstanding clause to attempt to shield Bill 21 from legal challenge, the Quebec government is setting a dangerous precedent that undermines Charter rights and freedoms of vulnerable and marginalized individuals and groups.

The CCLA is grateful for the excellent pro bono legal services of David Grossman and Olga Redko of IMK LLP in this case.

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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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