Canadian Bar Association calls on Quebec to drop notwithstanding clause from religious symbols bill

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Canadian Bar Association calls on Quebec to drop notwithstanding clause from religious symbols bill
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Bill 21 would prohibit public sector workers in positions of authority, including school teachers and police, from wearing religious symbols on the job

MONTREAL — Quebec’s decision to draft a bill that affects the rights of religious minorities but limits their ability to challenge the legislation suggests the Canadian court system is useless or illegitimate, the Canadian Bar Association said Thursday.

Bill 21, introduced last Thursday, would prohibit public sector workers deemed to be in positions of authority, including school teachers and police officers, from wearing religious symbols on the job. The inclusion of the notwithstanding clause blocks citizens from challenging the bill over violations of fundamental rights protected by the federal and provincial charters.

Bill 21 “was introduced last week, and already we’ve seen constitutional experts come out and suggest avenues for challenge,” she said. By invoking the notwithstanding clause the government is depriving citizens of the ability to make an enlightened decision about legislation that limits the rights of religious minorities, such as Muslims and Jews.

Interim Liberal leader Pierre Arcand said Legault’s government is incapable of giving details as to how the legislation would be enforced. “If he wants to limit our rights, he should have the courage to say how he’ll do it,” Arcand said in the legislature.

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