The Quebec Court of Appeal confirmed, in a ruling of about 300 pages issued this afternoon, the constitutionality of the secularism law and ratified its application in English-language school boards.

Thus, the highest court in the province of Quebec has, after 15 months of deliberations, issued a ruling in favor of the Coalition Avenir Québec (CAQ) government led by François Legault.

Judges of the Court of Appeal, Manon Savard, Yves-Marie Morissette, and Marie-France Béchard, ratified the decision issued by Judge Marc-André Blanchard of the Quebec Superior Court on April 20, 2021, with a significant difference that they concluded that the secularism law (widely known as "Law 21" after the number it carried before becoming law) does not violate the language rights of educational institutions under Anglophone school boards, contrary to what Blanchard said in his ruling.

However, the Court of Appeal agrees with the initial ruling issued by Judge Blanchard regarding members of the National Assembly (the legislative assembly), meaning that it sees that Quebec’s deputies should have the right to wear prominent religious symbols, unlike other state representatives in positions of authority, who, according to the secularism law, are judges, prosecutors, prison guards, police officers, and teachers in public elementary and secondary schools.

The secularism law has sparked controversy since it was enacted by the National Assembly on June 16, 2019, both in Quebec, where it applies, and in other Canadian provinces.

Its opponents say it conflicts with the Canadian and Quebec charters of rights and freedoms.

The court is "not authorized to rule on whether the law violates freedom of conscience, freedom of expression, or the right to equality guaranteed by the charters," wrote the Court of Appeal judges in their ruling.

To protect the secularism law from constitutional challenges, Legault’s government included the "notwithstanding clause" (clause dérogatoire – notwithstanding clause), a parliamentary sovereignty clause. The three Court of Appeal judges ratified the government's use of this clause in their ruling issued today.

Since this clause needs renewal every five years, the minister responsible for the French language and Canadian relations in the Quebec government, Jean-François Roberge, presented Bill No. 52 earlier this month.

It is likely that the adoption of this bill will allow Legault’s government to shield the secularism law from any constitutional challenge for an additional five years.

After the ruling was issued today, the Premier of Quebec said the Court of Appeal’s decision represents a "beautiful victory for the Quebec nation."

"The Quebec government will continue to use the notwithstanding clause as long as necessary for Canada to recognize the social choices of the Quebec nation. This is non-negotiable," Legault said.

"Clearly, we feel disappointed," commented, for his part, the Chair of the English Montreal School Board (CSEM / EMSB), Joe Ortona, in the minutes following the ruling.

"The appeal is still possible," added Ortona, referring to the possibility of appealing the ruling to the Supreme Court of Canada, the highest judicial authority in Canada.

If the case reaches the Supreme Court of Canada, the federal government will certainly have its voice heard, confirmed the federal Minister of Justice, Arif Virani, at a press conference after the Quebec Court of Appeal ruling.

At that point, it will be an opportunity for Justin Trudeau’s Liberal government in Ottawa to "defend" the Canadian Charter of Rights and Freedoms and its vision of the "notwithstanding clause," which should be "a last resort tool, not the first resort," Virani said.