Quebec court upholds law banning religious dress, with exceptions for English schools, MNAs

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Quebec government’s use Notwithstanding clause prevents Superior Court judge from striking down most of the provinces law banning religious dress

People take part in a demonstration following a Superior Court ruling on Bill 21, Quebec's secularism law, in Montreal on April 20, 2021.A Quebec Superior Court judge has upheld most of the province’s law banning religious dress in some public-service functions but carved out an exception for the anglophone education system, to the dismay of Premier François Legault and other Quebec nationalists.

The ruling cements Quebec’s debate over religious rights into a schism posing proponents of the Canadian model of multiculturalism, including many anglophones, against some Quebec nationalists, mostly francophone, who want to impose a more unitary vision of Quebec culture. “I am elated and I’m proud of the English Montreal School Board,” said Furheen Ahmed, a high-school teacher who wears a headscarf, and works for the board that was a plaintiff in the case. “But it’s one small victory in a really big province.

But, the judge added, while the use of the constitutional exemption to shield the law from challenge appears to be excessive, it does not “violate the architecture of the Canadian Constitution nor primacy of the rule of law.” Quebec’s law imposes state religious neutrality and includes a dress code prohibiting civil servants holding “positions of authority” from wearing visible religious articles. The jobs under the dress code include teachers, police officers and government lawyers, among others.People in those jobs who wear the symbols and already hold those posts are allowed to keep working. They cannot be promoted or transferred and new hires must remove the religious symbol to work.

Dr. Mathen said while scholars debate how widely the clause should be used, the issue hasn’t gone before the courts because Quebec’s broad use of it is “such a rare choice.”

Source: Law Daily Report (lawdailyreport.net)

 

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erinotoole JustinTrudeau theJagmeetSingh isn’t it time for Canadian leaders to stand up together + denounce the racism in law21. For gods sake 1 of you wouldn’t be allowed to teach school here in Qc. This is not the time to cowtow for votes, it’s to stand up for what’s right

This decision is unfair. Bill 21 should apply to everyone. It’s good law.

laws do not make sense when it comes to emotions

Fantastic ! Let’s not allow foreigners to change the fabric of our country !!

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