(Montreal)- Law 21 still stirs controversy in Quebec, especially in the court corridors, where today in one of the pleadings of a lawyer opposing this law it was stated that "its provisions conflict with the essence of the Canadian Constitution. As if the Quebec government had amended it - without following the rules – ".

Along the same lines and on Monday morning, several arguments were presented in Montreal court by those trying to repeal the State Secularism Law.

All this debate is because this law, known before its enactment as "Bill 21", prohibits some government employees from wearing religious symbols while working, including police officers and teachers in public elementary and secondary schools.

During the trial session, David Grossman was the first to present his argument. He is the lawyer who specifically represents Ishraq Noor Al-Haqq, a school where the hijab is worn and strongly opposes the provisions of this law, considering it a form of exclusion from Quebec society.

In his argument, Mr. Grossman explained that the Canadian Constitution is not merely a series of legal chapters, but a subject according to a comprehensive structure and pattern. One of the principles supporting this structure is the possibility for everyone to participate equally in society.

At the same time, he pointed out that if a regional government wants to "change the structure of the Canadian Constitution", it must go through the amendment process, which it cannot do alone. He continued his argument saying: the next Quebec government can "by simple law and without amending the constitution," decide that all teachers be Sikh, or exclude women from public service, or force all employees to pray in the Christian way every morning.

"The [State Secularism] law distorts the structure of our constitution."

David Grossman

The complexity in this issue lies in the fact that when Law 21 was adopted, the CAQ government relied on the "Notwithstanding clause" – which is a clause allowing the override of some rights protected by the Canadian Charter of Rights and Freedoms. Such as canceling the provisions of section 2 concerning fundamental rights (freedom of expression, freedom of belief, ...). This prevents protesters from denouncing discrimination and saying that the law violates the right to equality. But they try to overcome this difficulty by invoking other provisions and principles from the Canadian Constitution.

In this regard, Judge Marc-André Blanchard, who presides over the trial, has allotted 14 days to hear all viewpoints. The trial began on November 2nd last year, with opponents and supporters of this law calling upon many experts.

It is worth noting that Arab Canada News had previously covered the topic in an article titled "Canada: Opponents of the State Secularism Law Plead Their Case." To view it, please click here.