- with Inhouse Counsel
Enacted in 2019, Québec’s Bill 21 has banned public sector workers from wearing religious symbols and is protected from most Charter challenges by the notwithstanding clause. Critics of this law argue that it violates religious freedom and equality, disproportionately harming groups such as Muslim women who wear a hijab.
In an interview with The Globe and Mail, the former Minister of Justice and Attorney General of Canada and senior counsel Arif Virani said that this case is pulling the court in two directions.
“It’s something they’ll struggle with,” he added.
A Supreme Court ruling on this matter could come as early as November or later in 2027 given the court’s pace on major cases. A decision may be released alongside a related Saskatchewan case on the notwithstanding clause to emphasize the national significance.
The court is under pressure to deliver a unified, authoritative judgment rather than a split ruling. Arif noted that achieving unity is uncertain.
“That is up to the judges,” he said.
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