The Montreal school board is challenging Bill 21 to the Supreme Court

The English Montreal School Board (EMSB) files a challenge to Quebec's secularism law to the Supreme Court of Canada.

“We have always maintained that Bill 21 violates the rights of Quebec citizens,” said Joe Ortona, chair of the EMSB.

“It discriminates against representatives of religious minorities. This hinders their ability to teach in our system. And it disproportionately targets Muslim women of all backgrounds.”

EMSB voted in a special session Wednesday to accept its appeal to the Supreme Court.

In February, the Quebec Court of Appeal upheld the province's controversial secularism law, ruling on challenges to the law's constitutionality.

The ruling overturned a previous exception by High Court judge Marc-André Blanchard, which allowed English schools to hire teachers who wear religious symbols such as headscarves while at work.

A panel of appeals court judges heard arguments from civil liberties groups as well as the government in November 2022.

Prime Minister Francois Lego's government appealed a High Court ruling in April 2021 that upheld most of the law but made an exception for English schools.

His government claimed that the exception created an unfair distinction between Francophone and Anglophone schools.

Court of Appeals judges Manon Savard, Yves-Marie Morrissette and Marie-France Beach said in a summary of their decision that the law “contradicts neither the unwritten principles of the Constitution, the constitutional architecture, nor any pre-Confederation law.” or principle of constitutional importance”.

At a meeting Wednesday, commissioners voted in favor of sending the case to Superior Court — though two commissioners expressed concern about how much money has been spent fighting the lawsuit so far, $1.3 million.

Several other groups, such as the Canadian Civil Liberties Union and the National Council of Canadian Muslims, also challenged the law's constitutionality.

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On Thursday, Quebec Justice Minister Simon Jolin-Barret said the province will always stand by and defend Bill 21. (Sylvain Roy Roussel/CBC)

Secularism law 'fundamental' for Quebec: minister

Speaking to reporters in the National Assembly on Thursday, Quebec Justice Minister Simon Jolin-Barret said the province is ready to defend its secularism law “all the way to the Supreme Court” if necessary.

Jolin-Barrett said the separation of religion and state has long existed in Quebec.

“This is one of the core values ​​for Quebec society,” he said.

“We will be very clear about that and we will never compromise on that.”

There was also a message from Jolin-Barrett to the federal government.

In 2022, Prime Minister Justin Trudeau said his government would consider intervening in a lawsuit against Bill 21 if it reached the Supreme Court, prompting strong criticism from Prime Minister Legault.

In light of the EMSB decision, Jolin-Barrett was asked about the possibility of the federal government challenging the law in court.

“I recommend that the federal government do its own thing,” the justice minister said.

“This is the Quebec file. This is a file that has been decided in the provincial National Assembly and Mr. Trudeau's government must respect Quebecers.”

Jolin-Barrett also said the EMSB decision raises questions about the school board's use of public funds for such a legal dispute.

Parti Québécois MNA Pascal Paradis and Quebec Solidaire MNA Guillaume Cliche-Rivard both said the EMSB has the right to appeal the Court of Appeal's decision. Both MNAs are justice critics of their respective parties.

“It was always clear that this bill would end up in the Supreme Court,” Cliché-Rivard said. “The question was when.”

“Let's face it: they're not the only ones against it.”