Lawyers representing the Quebec government presented arguments in the Supreme Court today defending the province’s implementation of Bill 21, a secularism law enacted in 2019. This legislation prohibits certain public sector employees from displaying religious symbols while on duty and contains a provision that supersedes the Canadian Charter of Rights and Freedoms.
Isabelle Brunet, legal counsel for the Quebec government, asserted in court that the province is not obligated to justify its utilization of the notwithstanding clause, which provides immunity to laws from legal review, including declaratory judgments that acknowledge Charter rights violations without prescribing specific remedies.
Despite Brunet’s stance, Justice Nicholas Kasirer challenged this perspective by highlighting the absence of any constitutional prohibition preventing judges from issuing declaratory judgments regarding laws invoking the notwithstanding clause.
In contrast, legal representatives of the opposing groups contesting Bill 21 argued on Monday that the law excessively infringes on Charter rights and is therefore unconstitutional.