Elections 2022: the fate of Bill 21 in your hands

The fate of Quebec’s secularism law is in the hands of voters. The next government will have to decide the fate of the derogation clauses which protect the law prohibiting the wearing of religious symbols for certain State agents from legal challenges. Table round.

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The veil, yarmulke, turban and Christian crosses will continue to be prohibited during working hours among public sector employees in positions of authority under a CAQ, Conservative or PQ government. The secularism of the state will take another form if Québec solidaire or the Liberal Party obtains power.

The debate over the wearing of religious symbols has died down, but it is not over. Those who will be elected on October 3 will have to renew or not the derogatory clause which allows Bill 21 to escape the Canadian Charter of Rights and Freedoms for five years.

This exceptional tool must be renewed no later than June 16, 2024, otherwise the legislation becomes more vulnerable to being overturned by the courts.

“We can think that if the derogation is not renewed, all of a sudden, the chances of success of those who challenge it increase enormously”, affirms the constitutionalist Patrick Taillon.

Recall that the CAQ legislation is already the subject of a motion before the courts, which will be heard before the Court of Appeal of Quebec. Justin Trudeau’s government has even announced its intention to participate in the challenge to Bill 21 once it comes before the Supreme Court.

QS will modify Law 21

Some do not intend to wait until 2024. A Nadeau-Dubois government would amend Bill 21 “quickly at the start of its mandate” in order to allow police officers, judges and teachers who so wish to openly display their religious convictions. .

“We must return to a more unifying secularism, pleads the united deputy Alexandre Leduc. For us, a teacher can wear a scarf or a teacher a yarmulke, we don’t mind”.

A supportive government would, however, frame the issue of the uncovered face. If they intend to renew the derogation clause to the Canadian Charter, the solidaries wish to withdraw the derogation clause from the Quebec Charter of Rights and Freedoms.

According to the law professor at the University of Sherbrooke, Guillaume Rousseau, this gesture will also make Bill 21 more vulnerable to legal action.

Exempt teachers

As Prime Minister, Dominique Anglade would also modify the legislation adopted under gag order by the Legault government.

« The day after an election, it would be proposed to amend Law 21 and allow all teachers, […] whether they have a religious symbol or not, to be able to participate in the effort in the education system, ”says Liberal MP Saul Polo.

The Liberals do not want to renew the notwithstanding clause.

“It will be up to the courts to decide, to evaluate, to judge, he insists. That’s a law society, that’s what we respect.

Quebec values

The CAQ obviously intends to renew it. « It’s a law that reflects the values ​​of the Quebec nation, » argues the father of Bill 21, Simon Jolin-Barrette.

However, there is no question of taking advantage of this opportunity to add professions covered by the ban on religious symbols.

According to the PQ, the Act respecting the secularism of the State should however be extended to daycare services and private schools. « But it’s not a short-term priority, » says MP Pascal Bérubé.

On the other hand, a PQ government would quickly put an end to the funding of religious schools.

The conservative party of Éric Duhaime would renew the derogatory clause of law 21 if it is brought to power. “We are in favor of a neutral State which offers secular services”, specifies its press attaché.

CAQ

• Renew the notwithstanding clause that allows the law to escape the Canadian Charter of Rights and Freedoms for five years

PCQ

• Renew the notwithstanding clause to the Canadian Charter of Rights and Freedoms

QLP

• Amend the law so that teachers can wear religious symbols
• Not renewing the notwithstanding clause to the Canadian Charter of Rights and Freedoms

QP

• Renew the notwithstanding clause to the Canadian Charter of Rights and Freedoms
• Eventually extend the law to daycare services and private schools
• End funding for religious schools

QS

• Amend the law to lift the ban on religious symbols for all state employees
• Framing the question of the uncovered face according to four criteria: security, the duty of reserve, the exercise of the profession and proselytism
• Renew the notwithstanding clause to the Canadian Charter of Rights and Freedoms
• Remove the derogation clause from the Quebec Charter of Rights and Freedoms
• End tax exemptions for religious groups and funding for religious schools