Lawyers representing the Quebec government presented their case in the Supreme Court today, defending the province’s enactment of Bill 21, a secularism law passed in 2019. This legislation prohibits certain public sector employees from wearing religious symbols while on duty and includes a provision that supersedes the Canadian Charter of Rights and Freedoms.
During the court proceedings, Isabelle Brunet, legal counsel for the Quebec government, argued that the province is not obligated to justify its utilization of the notwithstanding clause, which provides immunity to laws from legal challenges, including declaratory judgments that acknowledge Charter rights violations without specifying remedies.
Justice Nicholas Kasirer challenged this stance, contending that there is no constitutional prohibition preventing judges from issuing declaratory judgments on laws invoking the notwithstanding clause.
In response to the government’s defense, opponents of Bill 21 asserted in court on Monday that the law excessively infringes on Charter rights and is deemed unconstitutional.