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The Court of Appeal in Quebec rules the constitutionality of the Secularism Bill 21

The Court of Appeal in Quebec rules the constitutionality of the Secularism Bill 21

By Mounira Magdy

Published: February 29, 2024

The Quebec Court of Appeal ruled that the province's secularism law is constitutional and overturned the lower court's ruling that exempted English school boards from the law, known as Bill 21.

In a decision issued today, the province's highest court upheld a large part of the 2021 Quebec Superior Court ruling, which said that the use of the law's exception clause cancels violations of fundamental rights.

This ruling is a victory for the Quebec government, which appealed the ruling on the basis that provincial law must apply equally throughout the province.

The 2019 law declares the province a secular state and includes a clause prohibiting public sector employees in positions of authority – including teachers, judges, and police officers – from wearing religious symbols while working.

The Court of Appeal did not agree with the trial court, which exempted English school boards on the basis that minority language education rights – not covered by the clause despite the Charter – were not respected.

The Quebec government has repeatedly argued that Bill 21 is moderate and supported by the majority of Quebec residents, while opponents say it discriminates against racial minorities who choose to practice their religious rituals.

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