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| Bill 21 | |
|---|---|
| Title | Bill 21 |
| Enacted by | National Assembly of Quebec |
| Citation | Act respecting laicity of the State |
| Territorial extent | Quebec |
| Date enacted | 2019 |
| Status | in force |
Bill 21 is the commonly used name for the secularism statute enacted by the National Assembly of Quebec in 2019, officially titled the Act respecting laicity of the State. The measure prohibits certain public-sector employees from wearing visible religious symbols while performing duties in institutions such as École primaire, Cegep, Collège de Maisonneuve, and provincial courts, and invokes the Canadian Charter of Rights and Freedoms by applying a notwithstanding clause. The law has generated sustained debate across actors including the Parti Québécois, Coalition Avenir Québec, Liberal Party of Canada, Federation of Quebec Students, and civil-society groups such as the Human Rights Tribunal of Quebec, Canadian Civil Liberties Association, Amnesty International, and the United Nations Human Rights Committee.
The statute emerged from a long-standing secularism debate linked to events such as the Quebec general election, 2018, the rise of the Coalition Avenir Québec, and policy statements by figures like François Legault, Simon Jolin-Barrette, and Diane De Courcy. Historical antecedents include controversies over accommodation highlighted by the Bouchard-Taylor Commission, disputes involving the Sikhs in Canada and the Turban in public service, and earlier provincial decisions such as the Mazankowski Report and municipal bylaws in cities like Montreal and Longueuil. Internationally, comparisons were drawn with models in France, including the 2004 French law on secularity and conspicuous religious symbols in schools, and debates in countries such as Belgium, Spain, and the United Kingdom.
The statute prohibits visible religious symbols for specified categories of public employees in institutions including Centres de la petite enfance, public-sector schools operated by bodies like the English Montreal School Board, provincial courts presided over by judges appointed under statutes related to Judicial independence, and certain frontline roles in ministries such as Ministry of Health and Social Services (Quebec), and Sûreté du Québec when performing duties. It includes transitional provisions for employees hired before the effective date, exceptions for private employment regulated under laws like the Labour Code (Quebec), and a clause invoking section 33 of the Canadian Charter of Rights and Freedoms to override specific Charter protections. The act also establishes administrative responsibilities for entities such as the Commission scolaire de Montréal and references occupational requirements under statutes like the Civil Code of Quebec.
Introduced by ministers associated with the Coalition Avenir Québec following the Quebec general election, 2018, the bill underwent committee review in the National Assembly of Quebec with testimony from stakeholders including representatives from the Quebec Human Rights Commission, academic experts from institutions like Université de Montréal, McGill University, and Université Laval, and civil-society actors such as the Canadian Council of Muslim Women. The law was debated across parties including the Québec solidaire, Parti libéral du Québec, and the Parti Québécois, and passed with votes reflecting the assembly composition. The provincial Lieutenant Governor assented consistent with precedents involving the Notwithstanding Clause.
Multiple challenges were filed in courts including the Quebec Superior Court, the Court of Appeal for Ontario in cases raising national implications, and applications to the Supreme Court of Canada on constitutional grounds under the Canadian Charter of Rights and Freedoms, notably sections concerning freedom of religion and equality rights. Litigants included organizations such as the National Council of Canadian Muslims and individual plaintiffs represented by firms with ties to the Canadian Civil Liberties Association. Decisions at trial and appellate levels considered precedents from cases like R v Oakes, Saskatchewan Federation of Labour v Saskatchewan, and jurisprudence on the scope of the notwithstanding clause, with injunctions, suspensions, and appeals shaping the law’s operational status. International entities such as the United Nations Human Rights Committee also commented on compliance with instruments like the International Covenant on Civil and Political Rights.
Responses spanned elected bodies and communities: municipal councils in Montreal, Gatineau, and Quebec City issued resolutions; federal actors including the Prime Minister of Canada and leaders of the Conservative Party of Canada weighed in; and advocacy groups like Canadian Civil Liberties Association, Amnesty International, National Council of Canadian Muslims, and faith-based organizations from the Jewish Community Council of Montreal and the Sikh Society of Montreal organized public actions. Media outlets including the Globe and Mail, La Presse, Le Devoir, CBC/Radio-Canada, and international press covered protests, petitions, and municipal motions. Academic commentary from faculties at McGill University and Université de Montréal debated secularism models exemplified by the Bouchard-Taylor Commission recommendations.
Critics cited employment impacts on teachers, judges, police officers, and nurses from communities such as Muslim Canadians, Sikh Canadians, Jewish Canadians, and Christian minorities in Montreal and regions like Outaouais, Estrie, and Montérégie. Human-rights organizations argued potential conflicts with principles upheld by bodies like the Canadian Human Rights Commission and international commitments under the International Covenant on Civil and Political Rights. Supporters pointed to public-order arguments and models in France and referenced cultural debates tied to identity politics advanced by parties like the Coalition Avenir Québec and commentators associated with outlets such as Le Journal de Montréal.
The statute’s enforcement involves provincial ministries including the Ministry of Justice (Quebec), the Ministry of Education (Quebec), and agencies such as the Commission des droits de la personne et des droits de la jeunesse (Quebec), with directives to school boards like the English Montreal School Board and agencies responsible for policing such as the Sûreté du Québec. Administrative guidance, employment accommodations, transitional clauses, and monitoring mechanisms have been developed amid ongoing litigation and public oversight by entities including the Quebec Ombudsman and community organizations. Ongoing appeals and judicial reviews continue to affect enforcement timelines in institutions across regions including Montreal, Laval, and Sherbrooke.
Category:Quebec provincial legislation