Supreme Court of Canada Will Hear Challenges to Québec’s Secularism Law

On January 23, 2025, the Supreme Court of Canada announced that it would hear challenges to Québec’s secularism law, commonly referred to as “Bill 21”.

While this news may have been missed due to the political and economic uncertainties resulting from such situations as the trade relations between Canada and the United States of America (as led by its current President), the federal Liberal Party’s leadership race or even the Ontario provincial election, this is indeed significant national history in the making.

Here is what the Supreme Court has to say: “The Act respecting the laicity of the State was passed and assented to on June 16, 2019. Its purposes include affirming the laicity of the Quebec State and specifying the general obligations arising therefrom, prohibiting the listed persons from wearing religious symbols in the exercise of their functions and requiring those persons to perform their functions with their face uncovered. The Act also contains provisions through which the legislature exercises the override power granted to it by s. 52 of the Quebec Charter and s. 33 of the Canadian Charter and permits the Act to apply notwithstanding certain rights and freedoms.

Once the Act came into force, a number of persons, groups of persons and organizations brought separate proceedings challenging the constitutionality of the Act or certain of its provisions. They raised constitutional grounds, some of which were related to the Canadian Charter or the Quebec Charter. The Superior Court largely dismissed the challenge, except on two points. The Court of Appeal arrived at the same conclusions except as regards the educational language rights that s. 23 of the Canadian Charter guarantees to Canadian citizens belonging to Quebec’s English linguistic minority. Unlike the trial judge, the Court of Appeal found that the Act does not infringe s. 23.“

Since that January 23 announcement, a number of parties have requested intervenor status, including the Government of Canada and the Canadian Civil Liberties Association.

Meanwhile, Québec’s justice minister has, “criticized the federal government for appointing Robert Leckey — a vocal opponent of the province’s secularism law and French language reforms — as a judge on the Quebec Superior Court.” The federal Liberal party has clearly set itself against Quebec’s secularism law.

Québec launched a Charter of Human Rights and Freedoms in 1975, approximately seven years before the Canadian charter. Meanwhile, the recent history of controversial secularism (laicité) laws dates to 2013’s proposed Charter of Values. You may wish to review our timeline to review this and other major events in the advancement of human rights in Canada, including Québec.

The latter (failed) proposal was a source of disagreement among many humanist and secularist organizations and opinion leaders in Canada.

Whether Bill 21 is an un-constitutional law or not is a serious matter which deserves significant consideration not only by the Supreme Court of Canada but also by humanists and all Canadians. Humanist Heritage Canada encourages earnest and forthright analysis and discussion of the various arguments and claims both for and against this law and all laws regarding secularism in Canada.

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If you’re interested in analyzing and discussing this issue, there are actions you can take. First, here at Humanist Heritage Canada (Humanist Freedoms), we are open to receiving your well-written articles regarding artificial intelligence.

Second, we encourage you to visit the New Enlightenment Project’s (NEP) Facebook page and discussion group.

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