Quebec Premier François Legault has pledged to put an end to prayer in public spaces, indicating that he may use the "notwithstanding" clause to impose this ban. This rare clause is used to avoid legal challenges that violate fundamental rights.

Controversial use

The increasing trend among provincial premiers to use this clause is a legal concern, as experts like Frédéric Bérard, a constitutional lawyer, view it as a move that reflects a disregard for the Charter of Rights and Freedoms. Bérard stated:

“This clause should only be used in emergencies and serious matters, not for political gain.”

Legault announced this ban following reports that a high school in northern Montreal allowed prayer in classrooms and hallways. He emphasized that he will not tolerate the introduction of Islamic concepts into Quebec schools, stressing that his government is exploring all options, including the use of the "notwithstanding" clause.

Reactions and criticisms

The Canadian Civil Liberties Association (CCLA) criticized this trend, considering it a threat to fundamental rights, such as freedom of religion and expression. The association launched a campaign titled “Save the Charter” to raise awareness of the dangers of the repeated use of this clause. Anaïs Boissière MacKinol, director of the Basic Freedoms Program, said:

“This trend is seen as a contraction of the civil space that should be open to the peaceful expression of opinions and beliefs.”

She also pointed out that the proposed ban could be the beginning of undermining the freedom of assembly in public spaces.

Precedents for using the clause

The Legault government previously used this clause in 2019 to pass the secularism law that bans religious symbols for certain public employees, and in 2021 to impose restrictions on the use of the English language. Ontario and Saskatchewan have also used it in other controversial cases.

Additional criticisms

The Association for Rights and Liberties wrote in an opinion piece that Legault’s use of the clause to ban prayer shows a dangerous tendency to undermine the protection of human rights, and described the discourse around “Quebec values” as posing a threat to minority rights and promoting exclusion.

Concerns remain about the impact of this proposed ban on fundamental freedoms, amidst growing debate about the role of societal values in shaping policies.