Breaking: Quebec Superior Court strikes down parts of Bill 21

Breadcrumb Trail Links

Judge upholds much of the province’s secularism law but rules it cannot be applied to English-language school boards and MNAs.

Author of the article:

Paul Cherry  •  Montreal Gazette Protesters rally against Bill 21 in Montreal in September 2019. Photo by John Kenney /Montreal Gazette Article content

Quebec Superior Court has struck down parts of Bill 21, the province’s law banning the wearing of religious symbols for state workers deemed to be in a position of authority, like teachers, judges and police officers.

In his 248-page decision delivered Tuesday, Judge Marc-André Blanchard ruled part of Bill 21 violates Canada’s Charter of Rights and Freedoms.

Blanchard ruled Bill 21 does not apply to the English Montreal School Board, which challenged the bill.

He declared several sections of the bill are “inoperative” because they would violate Charter protections of minority language educational rights.

When Blanchard heard arguments in November, the EMSB said three of its teachers could not work for the board because they wore hijabs, and Bill 21 “severely limited” the board’s ability to promote teachers who wear religious symbols to a position like that of principal.

The judge also stuck down a section of Bill 21 that covers “persons considered to be personnel members of a body for the purposes of measures relating to services with face uncovered” — meaning members the National Assembly.

He ruled that specific section of the bill violates the part of the Canadian Charter that protects the right of every Canadian to have “the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.”

This story will be updated.

pcherry@postmedia.com 

Bill 21: ‘I felt excluded from Quebec society,’ teacher says as trial begins

Bill 21: ‘I could not hope to be promoted,’ teacher tells court