As arguments wrapped on the Quebec Court docket of Enchantment Wednesday for the authorized problem to the province’s secularism regulation — often called Invoice 21 — the panel of judges hinted that the case hinges on whether or not the invoice disproportionately discriminates in opposition to Muslim ladies who put on the hijab.
“That is a troublesome query, nevertheless it’s actually on the centre of our preoccupations and that is why we requested it,” Justice Yves-Marie Morissette stated because the panel of three judges posed some closing inquiries to legal professionals to make clear their positions.
The Quebec authorities and several other civil liberties and non secular minority teams introduced arguments final week and once more Wednesday a couple of Superior Court docket choice final 12 months, which upheld most — however not all — of the controversial secularism regulation.
The regulation enacted underneath the Coalition Avenir Québec (CAQ) authorities in 2019 prohibits public faculty academics, law enforcement officials, authorities legal professionals and a bunch of different civil servants from sporting spiritual symbols at work.
The CAQ pre-emptively invoked the constitutional however clause when drafting the invoice to guard it in opposition to authorized challenges.
The clause offers provinces the ability to override parts the Canadian Constitution of Rights and Freedoms for renewable intervals of 5 years.
A key argument of teams against the regulation is that it discriminates on the idea of gender by disproportionately concentrating on Muslim ladies. Provincial legal guidelines that may be proven to be discriminatory on the idea of gender can’t be shielded by the however clause.
The panel of judges Wednesday challenged each side to make clear their positions on that key query.
‘Intersectional discrimination’
Perri Ravon, lawyer for the English Montreal Faculty Board, who made a number of factors about Invoice 21’s disproportionate impact on Muslim ladies final week, was questioned about that by Justice Marie-France Bich.
“It appears the impact of Invoice 21 on women and men differs relying on their faith. For Christians, it has a sure influence. Should you take a look at Jewish individuals, Sikh individuals, or Muslim individuals, it has one other influence. From there, the place will we go?” Justice Bich requested.
“If we take a look at who’s being impacted, it is Muslim ladies. If we take a look at who’s shedding their jobs, it is Muslim ladies. If we take a look at who the regulation was designed for, it is Muslim ladies,” Ravon replied.
She famous that to this point within the province, Muslim ladies who put on the hijab are the one individuals who’ve misplaced jobs or been denied employment resulting from Invoice 21.
Justice Bich requested if it was potential these ladies had been being discriminated in opposition to merely due to their faith and never due to their gender.
“This can be a case of intersectional discrimination,” Ravon replied. “Not all ladies or not even most girls should be affected to ascertain gender discrimination.”
“Traditionally, it is extra weak subgroups of girls that require constitutional protections,” she stated.
Province says no proof of gender discrimination
Amélie Pelletier-Desrosiers, lawyer for the attorney-general of Quebec, argued there was no proof that Invoice 21 discriminates based mostly on gender.
Pelletier-Desrosiers identified that the majority academics are ladies and so it was regular, however not essentially discriminatory, that they might be extra affected by Invoice 21.
Christiane Pelchat, the lawyer representing the feminist group Droits des femmes du Québec — which helps Invoice 21 — picked up on this theme.
Pelchat identified that the majority law enforcement officials and judges are males, and in order that it may equally be argued that the regulation discriminated unfairly in opposition to males.
Pelchat additionally took a shot at Ravon’s arguments about intersectional discrimination, declaring to the judges that intersectionality was not a acknowledged authorized argument in Canada.
Deliberations anticipated to take months
Now that the arguments have wrapped, the panel of judges should resolve whether or not to uphold the regulation or to strike down all or a part of it.
Justice Morissette, when requesting a doc from one of many legal professionals, quipped about how lengthy these deliberations would possibly take.
“Take your time, as a result of there is no means we’ll have a call subsequent Tuesday,” Morissette stated.
Regardless of the Court docket of Enchantment decides, each the Quebec authorities and opponents of the regulation have stated that it is possible they will enchantment the choice, and that it’ll finally be the Supreme Court docket of Canada who will have the ultimate phrase on Invoice 21.
