The Judicial Council lost a first round, in Superior Court, in its refusal to impose a ban on religious symbols on judges from Quebec.
Even if its members are subject to the Law on State Secularism, the Judicial Council refuses to impose it on magistrates who sit on the Court of Quebec, the Professional Tribunal, the Human Rights Tribunal as well as than in municipal courts.
The Council issued simple recommendations, without requiring judges to ban the wearing of religious symbols on the bench.
The organization Droits collectives Québec, led by law professor and former MP Daniel Turp, therefore initiated an appeal before the Superior Court in order to force the Judicial Council to respect the law adopted by Quebec.
On Wednesday, the Superior Court rejected the Council’s request, according to which Droits collectives Québec did not have the legal interest to bring such an action. The Council also argued that the conditions were not met for an order of the type mandamus (obligation to act) and that the prescribed deadline had passed.
The procedures can therefore move forward, in order to obtain a judgment on the merits.
Law on State Secularism
Adopted in June 2019, the Law on State Secularism provides for a ban on the wearing of religious symbols for state employees in positions of authority (teachers, school directors, peace officers, prosecutors). the Crown and judges).
However, in order to respect the principle of separation of powers, the law provides in article 5 that the Judicial Council must “establish rules reflecting the requirements of the secularism of the State and […] ensure their implementation.
The Council instead decided to publish a “guide” in which we can read that “the objectives underlying the requirements of Secularism, namely neutrality and impartiality, already constitute ethical duties included” in their codes of ethics.
As a result, the organization has not modified its rules to comply with the new obligation to prohibit religious symbols from its members.
“We hope that this heavy legal defeat will encourage the CMQ to mend its ways and recognize the need to follow up on the requirements of the Law on State Secularism towards the Quebec judiciary,” said the president of Droits collectives Québec in a press release. , Daniel Turp and his general director, Etienne-Alexis Boucher.