Ben Woodfinden: Dear Supreme Court, you don’t have to do this


Quebec’s Bill 21, enacted in 2019, bans certain public-sector workers from wearing religious symbols on the job. It has survived years of legal challenge because Quebec pre-emptively invoked Section 33, shielding it from judicial overruling. There are a myriad of challengers and interveners now before the Supreme Court, including the Federal Government, many of whom are asking the court to rule that pre-emptive use of the clause is improper, or that courts retain the power to declare rights violations even when the clause is validly invoked, or that it cannot be renewed indefinitely. Ottawa goes further, arguing that prolonged use amounts to a de facto denial of rights. Quebec, Ontario, Alberta, and Saskatchewan are united in opposition to this.



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