Canada’s prime court docket to listen to problem to controversial Quebec secularism regulation | Canada

Canada’s prime court docket has agreed to listen to a problem to Quebec’s controversial secularism regulation, paving the best way for a fierce debate over provincial powers and the basic rights of ethnic and spiritual minorities.

The supreme court docket signaled on Thursday that it might grant go away to enchantment in opposition to the 2019 regulation which prohibits sure public employees in positions of authority – together with judges, law enforcement officials, jail guards and lecturers – from carrying spiritual symbols whereas at work. Different public employees comparable to bus drivers, docs and social employees should solely hold their faces uncovered.

The laws doesn’t title particular spiritual symbols, and theoretically all symbols – kippahs, turbans, crosses – are equally prohibited, however critics of the regulation says it disproportionately impacts Muslim girls who put on the hijab.

Quebec’s justice minister and the minister liable for secularism mentioned they might defend the regulation “till the tip” in a joint assertion.

“It’s primordial, even important, for Quebec to have the ability to make its personal decisions, decisions that correspond to our historical past, to our distinct social values and the aspirations of our nation,” the assertion mentioned, calling the prospect of federal intervention disrespectful and an affront to Quebec’s autonomy.

The regulation arguably violates key tenets of Canada’s constitution of rights and freedoms however the province has used an arcane legislative mechanism often known as the “however clause” to override sure elements of the constitution. A authorities can solely invoke the clause for 5 years earlier than it have to be renewed. Quebec’s nationwide meeting handed the secularism invoice into regulation in 2019, final renewing the clause in 2024.

The Quebec authorities has received two earlier victories defending the regulation, together with a call from the province’s court docket of enchantment, which discovered that the however clause was correctly invoked.

Final yr, six teams requested the supreme court docket to listen to the case. Up to now, the federal authorities been cautious of intervening over fears of angering voters within the province.

After a trainer was faraway from a classroom for carrying a hijab in 2021, the prime minister, Justin Trudeau, mentioned it was vital “to make sure that it’s Quebecers themselves who deeply disagree with the truth that somebody can lose their job due to their faith”.

Now the federal authorities will intervene within the case and make arguments in opposition to Invoice 21 in entrance of the supreme court docket.

On Thursday, the justice minister, Arif Virani, mentioned the governing Liberals had “important considerations” about how the however clause was used.

“We’re going to defend the constitution that we helped created over 40 years in the past,” he advised reporters.

Teams representing spiritual minorities within the province celebrated the information that the case had reached the supreme court docket.

“Whereas recognizing that the trail forward continues to be lengthy and difficult this choice gives a glimmer of hope for many who have been enduring the painful impacts of the regulation,” the Canadian Muslim Discussion board mentioned in an announcement.

The World Sikh Group mentioned the case would have “profound implications” for the way forward for human rights battles in Canada.

A listening to is just not but scheduled however is more likely to come within the fall.