A Quebec law barring teachers, police officers and other civil servants from displaying religious symbols while at work has withstood multiple legal challenges since it was passed in 2019.
But will it survive the Canadian Supreme Court?
Canada’s highest court announced on Thursday that it will consider the law, known as Bill 21, and determine whether it violates the country’s religious freedom protections.
The announcement brought hope to critics of the policy, who for years have argued that it stems from discomfort with minority faith groups and doesn’t serve legitimate government interests, according to The New York Times.
It also prompted a statement from Quebec leaders, who said they will defend the secularism law “until the end,” the CBC reported.
“It is primordial, even vital, for Quebec to be able to make its own choices, choices that correspond to our history, to our distinct social values and the aspirations of our nation,” the statement said.
Bill 21 in Quebec
Bill 21 was passed by the National Assembly of Quebec in June 2019.
Its full title is, “An act respecting the laicity of the State.”
The law bans civil servants from wearing faith-related accessories, such as cross necklaces, yarmulkes or turbans, while on the job.
Bill 21 also amends Quebec’s charter of human rights and freedoms to make it clear that residents “must maintain proper regard for State laicity” as they express their religious freedom, according to the bill text.
Critics say the policy tramples religious freedom, and especially the religious freedom of members of minority religions like Islam and Sikhism, while supporters say it upholds Quebec’s commitment to secularism.
Like similar policies in France, Bill 21 has sparked a debate in Canada over what it means to be a secular country.
Surprise from Canadian Supreme Court
Although many organizations, including the Canadian Civil Liberties Association, remain committed to overturning Bill 21, it’s still somewhat surprising that Canada’s Supreme Court has agreed to consider blocking the ban, according to The New York Times.
It’s rare for the Supreme Court to revisit a case involving a unanimous decision at the appellate level, Pearl Eliadis, a law professor at McGill University, told the Times.
That unanimous ruling came last year, when three judges from Quebec’s Court of Appeal said that Bill 21 did not promote gender discrimination against female teachers.
It’s not clear yet whether the Supreme Court will look specifically at whether the policy promotes gender discrimination or at its relationship with religious freedom protections.
In Canada, “the Supreme Court does not give reasons for taking on specific cases,” per The New York Times.