Act respecting the laicity of the State

An Act respecting the laicity of the State
Loi sur la laïcité de l'État
National Assembly of Quebec
CitationAn Act respecting the laicity of the State, CQLR c L-0.3
Passed byParliament of Quebec
PassedJune 16, 2019
Royal assentJune 16, 2019
EffectiveJune 16, 2019
Legislative history
Bill titleBill 21, 1st Session, 42nd Legislature
Introduced bySimon Jolin-Barrette, Minister of Immigration, Diversity and Inclusiveness
Status: In force

The Act respecting the laicity of the State (French: Loi sur la laïcité de l'État), introduced and commonly referred to as Bill 21 or Law 21, is a statute passed by the National Assembly of Quebec in 2019 which asserts that Quebec is a lay state (secular state). It prohibits the wearing of religious symbols by certain public employees in positions of authority and grandfathers in those who were already in office when the bill was introduced. The statute operates despite the Quebec Charter of Human Rights and Freedoms,[1]: s. 33  and also notwithstanding certain sections of the Canadian Charter of Rights and Freedoms.[1]: s. 34 

On April 20, 2021, the Superior Court of Quebec upheld most of the law, despite stating that the law violates the freedom of expression and religion of religious minorities (especially Muslim women),[2][3] because the National Assembly invoked the notwithstanding clause. However, the court did rule that the law was inoperative with respect to English-language school boards and members of the National Assembly as it infringed on their constitutional rights,[4][5] which argues that minority language rights cannot be overridden by the notwithstanding clause.[2] The Government of Quebec appealed the judgment to the Quebec Court of Appeal.[6] The Autonomous Federation of Education also decided to bring the case to the higher court.[7] English-language school boards must apply the statute until the appeal is decided; an interlocutory application to temporarily exempt the school boards from it was rejected by the Quebec Court of Appeal in November 2021.[8]

While the statute is supported by most of Quebec's population, some argue that it does not go far enough and should extend to daycares, while others argue that the statute is discriminatory against religious groups like Muslims, Jews, and Sikhs. Disapproval of the statute is more widespread in English Canada than in French Canada.

  1. ^ a b Act respecting the laicity of the State, SQ 2019, c. 12, s. 1.
  2. ^ a b "Quebec Superior Court upholds most of religious symbols ban, but English-language schools exempt". CBC News. April 21, 2021.
  3. ^ "Quebec's top court begins hearing appeals on secularism law known as Bill 21". Global News.
  4. ^ Selena Ross (April 20, 2021). "Court mostly upholds controversial Quebec secularism law, exempts English school boards". CTV News. Retrieved February 2, 2022.
  5. ^ Hak c. Procureur général du Québec, 2021 QCCS 1466 (CanLII), paras. 1129–1131, 1138–1140.
  6. ^ Radio-Canada, ed. (April 20, 2021). "Les commissions scolaires anglophones exemptées de la Loi sur la laïcité de l'État" (in Canadian French).
  7. ^ La Presse canadienne (April 24, 2021). Radio-Canada (ed.). "Loi sur la laïcité de l'État : la FAE en appellera du jugement de la Cour supérieure".
  8. ^ Jason Magder (November 10, 2021). "EMSB loses bid to temporarily suspend Quebec's religious symbols law". Montreal Gazette. Retrieved February 2, 2022.

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