Act respecting the laicity of the State

Act respecting the laicity of the State is a statute enacted by the National Assembly of Quebec in 2019, which enshrines the secular nature of the provincial state. The law, known commonly as Bill 21, imposes restrictions on the wearing of religious symbols by certain public sector employees in positions of authority while performing their duties. It also includes provisions requiring individuals to uncover their faces for identification or security purposes when receiving public services. The legislation invokes the Canadian Charter's notwithstanding clause to shield its core provisions from certain constitutional challenges.

Background and legislative history

The debate over state secularism, or laïcité, in Quebec has deep historical roots, influenced by the Quiet Revolution which diminished the role of the Roman Catholic Church in public institutions. Previous legislative attempts, such as the proposed Quebec Charter of Values under the Parti Québécois government of Pauline Marois, sought to establish similar restrictions but were not enacted. The issue was revived following the election of the Coalition Avenir Québec government led by François Legault in 2018. Minister Simon Jolin-Barrette introduced Bill 21, which passed after invoking closure to limit debate. The law received royal assent on June 16, 2019, following its adoption by the National Assembly of Quebec.

Key provisions

The Act's central provision prohibits certain public servants in positions of coercive authority from wearing religious symbols while on duty. This applies to individuals such as police officers, prosecutors, prison guards, and public school teachers. The law also mandates that individuals receiving services from government bodies must have their face uncovered for identification or security reasons. Furthermore, the legislation amends the Quebec Charter of Human Rights and Freedoms to specify that state laicity must be considered in rights interpretations. Crucially, the law preemptively invokes the notwithstanding clause under section 33 of the Canadian Charter of Rights and Freedoms and section 52 of the Quebec Charter of Human Rights and Freedoms, insulating it from challenges based on freedoms of religion and expression.

Legal challenges and court rulings

The law faced immediate legal challenges from civil liberties groups, including the Canadian Civil Liberties Association and the National Council of Canadian Muslims. In April 2021, Quebec Superior Court Justice Marc-André Blanchard largely upheld the law in the case of Hak c. Procureur général du Québec, citing the notwithstanding clause, but struck down provisions relating to Members of the National Assembly and English-language school boards. The Court of Appeal of Quebec heard the subsequent appeal. In February 2024, the Supreme Court of Canada agreed to hear appeals directly, bypassing the provincial appeal court's ruling, a rare procedural move indicating the case's national significance.

Public and political reaction

Public opinion in Quebec has been sharply divided, with polls showing majority support for the law within the province, contrasting with significant opposition elsewhere in Canada. The federal government, under Prime Minister Justin Trudeau, expressed criticism but acknowledged provincial jurisdiction. Political figures like Jagmeet Singh, leader of the New Democratic Party, have been vocal opponents. The law has drawn international criticism from organizations such as Amnesty International and the United Nations Human Rights Committee, while receiving support from some secularist and nationalist groups within Quebec, including Mouvement laïque québécois.

Implementation and impact

Implementation has been managed by the Secrétariat aux relations avec les Québécois d’expression anglaise and other government bodies. The law has directly affected hiring practices and career paths for religious minorities, particularly impacting Muslim, Sikh, and Jewish communities. Several school boards, including the English Montreal School Board, have publicly opposed the law. The government established a five-year grandfather clause for existing employees, creating a complex transitional period. The long-term societal impact remains a subject of intense study and debate, influencing discussions on integration, identity, and the boundaries of religious freedom in a secular society.

Category:Quebec law Category:2019 in Canadian law Category:Secularism in Canada