Canada’s top court is hearing a landmark challenge to Quebec’s secularism law and the constitutional “notwithstanding clause”, reports The New York Times. The case centres on a 2019 law banning many public servants from wearing religious symbols, enacted by Quebec’s government under Supreme Court of Canada review. Critics say the measure discriminates against religious minorities, especially Muslim women. Supporters argue it protects secularism in a province shaped by Catholic dominance. Ottawa wants limits on the clause so courts can still declare rights violations. Quebec insists the clause is a political compromise beyond judicial revision. The rarely used power has spread, with provinces applying it to labour disputes and social policy. Lawyers warn broad use could weaken constitutional rights. A ruling against Quebec might inflame separatist sentiment ahead of provincial elections. The decision could reshape the balance between courts and politicians in Canada, concludes the NYT.
PostingEnthusiast on
I feel like the Constitution is pretty cut-and-dry and this will be dismissed, but knowing our judges’ general preference for playing Parliament these days who can say for certain anymore
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Canada’s top court is hearing a landmark challenge to Quebec’s secularism law and the constitutional “notwithstanding clause”, reports The New York Times. The case centres on a 2019 law banning many public servants from wearing religious symbols, enacted by Quebec’s government under Supreme Court of Canada review. Critics say the measure discriminates against religious minorities, especially Muslim women. Supporters argue it protects secularism in a province shaped by Catholic dominance. Ottawa wants limits on the clause so courts can still declare rights violations. Quebec insists the clause is a political compromise beyond judicial revision. The rarely used power has spread, with provinces applying it to labour disputes and social policy. Lawyers warn broad use could weaken constitutional rights. A ruling against Quebec might inflame separatist sentiment ahead of provincial elections. The decision could reshape the balance between courts and politicians in Canada, concludes the NYT.
I feel like the Constitution is pretty cut-and-dry and this will be dismissed, but knowing our judges’ general preference for playing Parliament these days who can say for certain anymore