Montreal school board to ask Supreme Court to hear appeal of Quebec secularism law

The talk over the constitutionality of Quebec’s secularism regulation is poised to go to the Supreme Courtroom of Canada.

On Wednesday night, the English Montreal College Board (EMSB) voted in favour of asking Canada’s prime court docket to rule on Invoice 21 after a Feb. 29 Quebec Courtroom of Enchantment ruling that upheld the regulation.

In a unanimous choice, the province’s highest court docket upheld the regulation that prohibits public sector staff in positions of authority — together with academics, judges, and cops — from sporting non secular symbols on the job. The Nationwide Council of Canadian Muslims was one in all many teams that had intervenor standing within the earlier authorized problem of the regulation. 

The ruling was a blow to the EMSB, Quebec’s largest English-language public college board, which had beforehand been exempted from the regulation after a ruling by the Superior Courtroom of Quebec.

Commissioner Pietro Mercuri stated at Wednesday’s assembly the board’s vote was an essential historical past lesson about standing up for elementary rights.

“Historical past has proven that when governments denied folks jobs in positions based mostly on how they appear, how they costume resulting from their religion, it is solely a precursor for even worse issues to return,” he stated.

“Invoice 21 excludes folks from acquiring sure jobs in positions based mostly on what they put on in line with their religion. Not persevering with a battle in opposition to Invoice 21, Mr. Chairman, for my part, is a profound disrespect in opposition to earlier generations who’ve fought to guard individuals who have been marginalized and made to really feel undesirable by their authorities.”

Throughout a particular board assembly, 12 board members voted in favour of a movement to deliver the problem to the Supreme Courtroom. One member voted in opposition to, one abstained and one other was not current for the vote.

To assist go the regulation, Premier François Legault’s CAQ authorities relied on preemptively utilizing the Constitution’s however clause, which shields laws from most court docket challenges over violations of elementary rights.

The Quebec Superior Courtroom had exempted English college boards from sure provisions of the regulation on the idea that minority language schooling rights — which are not lined by the Constitution’s however clause — weren’t revered.

Nevertheless, the three-judge attraction panel rejected that evaluation in its February ruling. 

Debate over authorized prices

In keeping with commissioner Joseph Lalla, the board has already spent $1.3 million up to now in authorized prices in difficult the regulation. Some commissioners raised issues concerning the funds being higher spent elsewhere in its colleges and the place the brand new funds for the upcoming attraction will come from. 

He was essential of the board not reaching out to different college boards to assist finance an attraction to Canada’s highest court docket.

“Why would they contribute any cash at this level as a result of if we’re profitable on the Supreme Courtroom they are going to get all the advantages with out costing a single penny for them,” Lalla stated. 

He however supported the movement, saying “there are occasions when the EMSB should battle for its worth and its rights, that are being encroached upon by the CAQ authorities.”

EMSB Chair Joe Ortona stated in February the cash spent up to now represented a small fraction of the board’s $2 billion funds during the last 5 years. 

Julien Feldman additionally voted sure on the movement on Wednesday. 

“I admire the controversy concerning the cash,” he stated, “however, frankly, I imagine the controversy must be concerning the rules of the matter and the deserves of the case.”

With information from The Canadian Press