Nour Farhat: Challenging the Constitutionality of Law 21

Since Bill 21 became a law in the summer of 2019 – some public servants wearing a religious symbol, including but not limited to the hijab, niqab, kippa, and turban are barred from working in a government job.

Law 21 is not the first of its kind, as Bill 62, which banned those with face coverings from delivering or receiving public services, was put into effect in 2017 by the former provincial Liberal government. This law was suspended twice as a result of being in violation of the Quebec and Canadian charters. The former government did not decide to appeal this judgement and did not invoke the notwithstanding clause to push for Bill 62.

Premier François Legault and some supporters of Bill 21 aim to identify that this bill doesn’t intend to single out specific religions, but is the next step in modernizing the province, efforts that have been in place since the 1960s.

Lawyer Nour Farhat represents the Fédération autonome de l’enseignement (Autonomous Federation of Education), one of the groups challenging the Quebec government in court for the constitutionality of Law 21. She explains the legal process, as much as she is able to reveal, and what has already happened in the courts around Law 21. Currently we are awaiting the judgement from the trail on the constitutionality of the law from Justice Marc André Blanchard, which will be released any day now or within the next few months.

This interview is apart of episode 4 of local 514, focused on the secular Law 21. To watch the full interview, click here.