Catastrophic Water Inundation: A Deluge of Destruction
The Supreme Court of Canada is currently hearing a significant case that contests the constitutionality of Quebec's Act Respecting the Laicity of the State, commonly known as Bill 21. The case, officially named English Montreal School Board v. Attorney General of Quebec, has attracted a record number of 38 interveners, reflecting wide legal and societal interest.
The main parties in this case include the English Montreal School Board, the World Sikh Organization of Canada, the National Council of Canadian Muslims, the Canadian Civil Liberties Association, two teachers, and the Attorney General of Quebec. Six provincial governments (other than Quebec) and the federal government have signaled their intention to intervene in this case.
The focus of the proceedings centers on constitutional rights under the Canadian Charter of Rights and Freedoms and the secularism law’s impact on public-sector employees. While the Ford decision of 1988 has been a significant precedent in administrative and constitutional law issues, its direct relevance to the Bill 21 challenge has not been emphasized in recent reports.
The Quebec Court of Appeal had previously upheld Bill 21 in February 2024, but the Supreme Court is now set to weigh the issues surrounding the law, including discrimination claims related especially to Muslim women wearing religious symbols. Notably, Justice Jamal, appointed by Justin Trudeau, has agreed to recuse himself in this case.
The Court of Appeal had invalidated an aspect of the decision of the Superior Court of Quebec that the law could not apply to English-language school boards. However, the Court of Appeal concluded that the preventive use of the derogation provision had hindered any verification of the law's conformity with the Canadian Charter of Rights and Freedoms. The Court of Appeal of Quebec had endorsed the arguments of the Quebec government on all fronts.
As the Supreme Court continues to deliberate, Canadians are expected to receive a thorough examination of the use of the notwithstanding clause in Quebec's secularism law. The outcome of this case could have far-reaching implications for religious freedom and secularism in Canada.
In the Opinion section, diverse voices and ideas are presented, offering insights into the complexities and nuances of this contentious issue.
[1] English Montreal School Board v. Attorney General of Quebec (2025) [2] Quebec's Secularism Law Challenged in Supreme Court (2025) [3] Interveners Granted Status in Bill 21 Supreme Court Case (2025) [4] Discrimination Claims at the Heart of Bill 21 Supreme Court Case (2025)
- The ongoing Supreme Court deliberations on the constitutionality of Quebec's Secularism Law (Bill 21) indicate a possible redefinition of religious freedom and secularism policy-and-legislation in Canada.
- In the midst of the controversy surrounding the English Montreal School Board v. Attorney General of Quebec case, various voices from the general-news and Opinion sections highlight the complexities and nuances, offer insights, and advocate for justice in this contentious issue.
