Secularism of the State | Québec solidaire asks Quebec to allow challenges to its law

(Quebec) In an unexpected turn of events, Québec solidaire (QS) announces The Press that he will not support the Legault government to renew the derogation clause which protects Law on State Secularism against legal challenges under the Canadian Constitution.

The party’s parliamentary leader, Gabriel Nadeau-Dubois, says his caucus will only support the bill tabled by the minister responsible for Secularism, Jean-François Roberge, if he accepts an amendment that would allow Quebecers opposed to Bill 21 to challenge it under the Quebec Charter of Human Rights and Freedoms.

In interview at Quebec Journal Last week, the parliamentary leader of QS at the Salon Bleu, MP Alexandre Leduc, was nevertheless clear about his intentions.

“We are comfortable that there is a derogation clause in the Federal Charter because we are independentists, because we are nationalists. […] It will depend on the content of the bill, but if it only concerns the clause in the Federal Charter, we will vote for it, because we wish to maintain the derogation clause of the Federal Charter,” he said. said.

Bill 52 tabled by Mr. Roberge does exactly that, no more and no less. However, a week later, Mr. Nadeau-Dubois explains that this is no longer enough for the government to have its support.

“If the CAQ truly believes that its Bill 21 is consistent with Quebec values, [elle] should have no embarrassment or fear in subjecting this law to the examination of the Quebec Charter [des droits et libertés de la personne] “, he said to The Press.

“In a state of law, there is a balance of different powers. There is a legislative power, which passes laws, and there are recourses for citizens to defend their rights against a government,” he adds.

A question of principles

The party’s co-spokesperson, Émilise Lessard-Therrien, who affirmed last week that “on the principle of renewing the notwithstanding clause, we are entirely in favor of that, since the Canadian Charter of Rights and Freedoms, we did not sign it,” clarifies his thoughts in turn.

“This is truly an opportunity to reaffirm our allegiance to the Quebec Charter of Human Rights and Freedoms. That’s the question. Does the CAQ really want to protect federal interference in Quebec, or does it want to shield its law against all challenges? », she now asks.

Mr. Nadeau-Dubois and Mr.^me Lessard-Therrien defends that Québec solidaire, with this new position, is not carrying out a classic “backpedaling” session, as we sometimes see in politics.

“We didn’t have time to meet in caucus. We have [depuis] had discussions,” explains the parliamentary leader.

“I find that since the start of this debate, our position has basically been constant. We are against Bill 21. We think that Quebec should be able to make its own laws, we are also democrats who believe in the rule of law, which means that Quebecers who want to defend their rights in as Quebecers should be able to do it,” adds Mr. Nadeau-Dubois.

Protecting “social peace”

In a press scrum in parliament last week, Minister Jean-François Roberge once again maintained that the law adopted in 2019 in the first mandate of the Coalition Avenir Québec (CAQ) in government preserves social peace, according to him. .

“I think this is an extremely important achievement. It preserves social peace, it promotes living together,” he argued.

Law 21 prohibits state employees in positions of authority, including teachers, from wearing religious symbols such as the Muslim veil, Jewish kippah, Sikh turban and Christian crosses. It also includes provisions to protect against legal challenges under the Canadian and Quebec charters of human rights and freedoms. The government must renew this provision every five years in relation to the Canadian charter, but such a procedure is not necessary for the Quebec version.

Last week, the Liberals announced that they were opposed to the renewal of the notwithstanding clause, while the Parti Québécois supports the CAQ on this subject.