English Montreal School Board files legal challenge to Quebec’s religious symbols law

MONTREAL — The English Montreal School Board has filed a challenge to Quebec’s secularism law, arguing it contravenes minority language education rights and should be struck down.

In an application today seeking judicial review, lawyers for the board hinge their challenge on Section 23 of the Canadian Charter of Rights and Freedoms, which guarantees minority language educational rights to linguistic minorities.

It also argues the law has a disproportionate impact on women — particularly Muslim women — and therefore infringes Section 28, which guarantees equality of the sexes.

While Bill 21 invokes the Constitution’s notwithstanding clause to shield it from charter challenges, the filing argues neither Sections 23 or 28 are subject to the clause.

The board has noted that several Supreme Court of Canada decisions have upheld Section 23, which gives communities the right to manage their public school systems.

Bill 21 came into effect in June. It prohibits public servants deemed to be in positions of authority — including teachers, judges and police officers — from wearing religious symbols, such as turbans, kippas and hijabs.

There is a grandfather clause exempting those who were employed before the bill was tabled in the spring, as long as they stay in their current jobs.

The English school board has continued to apply the law, as have all other school boards across the province.

This report by The Canadian Press was first published Oct. 24, 2019.

The Canadian Press