Question Period Note: QUÉBEC’S BILL 21

Québec’s Bill 21, An Act respecting the laicity of the State, came into force on June 16, 2019. It prohibits public officials in positions of authority from wearing a religious symbol at work and requires public services to be provided and received with the face uncovered. Bill 21 also includes a declaration that it shall operate notwithstanding the Canadian Charter of Rights and Freedoms and the Québec Charter of Human Rights and Freedoms.

• The Government of Canada is committed to upholding the rights of all Canadians under the Canadian Charter of Rights and Freedoms, which guarantees freedom of religion and equality rights for all, regardless of personal characteristics.
• We believe that diversity is one of our greatest strengths. Canada’s commitment to diversity and inclusion is essential. Peaceful co-existence between all religious and belief communities is an integral part of this.
• Our government believes that Canadians expect all orders of government to respect Canadians’ fundamental rights and freedoms as guaranteed by the Charter.
• Bill 21 is currently being challenged before the Quebec courts by several individuals and community organizations affected by the law.
• At this time, the Government of Canada has not intervened in these proceedings.

Québec’s Bill 21 (An Act respecting the laicity of the State) was adopted by the National Assembly on June 16, 2019, and came into force on that same day. The law prohibits certain public officials in positions of authority, including teachers, police officers, prison guards, prosecutors and judges, from wearing a religious symbol in the course of their duties. The law also requires public sector officials who provide services to the public and individuals receiving such services to have their faces uncovered.

The law includes a declaration that it shall operate notwithstanding the Canadian Charter of Rights and Freedoms and the Québec Charter of Human Rights and Freedoms. Use of the notwithstanding clause (provided for at s. 33 of the Charter) by a legislature allows it to enact legislation that would otherwise violate the Charter and deprives affected individuals of the ability to have their rights and freedoms upheld by the courts. As the Government of Canada has previously stated, it believes that the notwithstanding clause should only be used in exceptional circumstances.

Currently, Bill 21 is subject to three legal challenges before the Québec courts raising constitutional and other issues (Hak; Lauzon; English Montreal School Board). A fourth challenge is also expected to be filed by the Fédération autonome de l’enseignement.

In addition, three international bodies have written to the Government of Canada expressing concerns about Bill 21’s compliance with Canada’s international human rights obligations and requesting information about the law, namely United Nations Special Rapporteurs, the Inter-American Commission on Human Rights and the Organization for Security and Cooperation in Europe.

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