Quebec will appeal the judgment
(Quebec and Montreal) The Legault government announces that it will appeal the judgment rendered Tuesday by the Superior Court, which renders inoperative certain provisions of the Law on the secularism of the State for English-speaking school boards and elected officials of the Assembly national.
“I am disappointed with the judgment. I find it illogical. Currently, it is as if secularism and values applied differently to Anglophones than to Francophones, ”lamented Prime Minister François Legault.
“The laws of Quebec must apply to everyone and throughout Quebec. There are not two Quebec, there is only one ”, defended the Minister of Justice and Minister responsible for Secularism, Simon Jolin-Barrette.
“I am disappointed with the judgment. I find it illogical. Currently, it is as if secularism and values applied differently to Anglophones than to Francophones, ”lamented Prime Minister François Legault.
“The laws of Quebec must apply to everyone and throughout Quebec. There are not two Quebec, there is only one ”, defended the Minister of Justice and Minister responsible for Secularism, Simon Jolin-Barrette.
“It is up to the National Assembly of Quebec to determine how the relations between the state and religion are organized. It is our duty, as elected representatives, to assert our distinct character, our specificities and our values and to ensure that our collective choices are respected, ”continued the Minister, recalling that the provisions of the law continue to apply. despite the judgment rendered on Tuesday.
In his judgment , Judge Marc-André Blanchard suspended the application of the law for English-language school boards and elected officials. He also affirms that Bill 21 does not respect the Canadian Charter of Rights as a whole, but recalls that Quebec has applied exemption clauses to protect itself from it.
“This judgment calls into question Quebec's right to its specificity and our ability to make our choices for ourselves and for ourselves. Quebec cannot accept such intervention by the tribunal towards our collective decisions, ”defended Minister Jolin-Barrette.
“Quebec is a nation. Some are trying to divide us, but Quebec remains united. It is essential that the laws that govern us are in line with our core values, ”he added.
Divided oppositions
However, Bill 21 has never been unanimous in Quebec, where it is contested, or in the National Assembly. The opposition parties in turn commented on the judgment of Judge Marc-André Blanchard on Tuesday, with opposing reactions.
The leader of the Liberal Party, Dominique Anglade, first recalled that the official opposition would not maintain the exemption clauses on Bill 21 if it were brought to power.
"Today's judgment is a judicial step in a process that could certainly culminate in the Supreme Court," predicted Ms. Anglade.
In contrast, the leader of the Parti Québécois, Paul St-Pierre Plamondon, sees the judgment of the Superior Court as "striking proof that Quebec is not in a position to legislate on its territory".
"If you wanted proof of how the Canadian legal framework condemns us to the imposition of the multiculturalist model on Quebec territory [...] you have this proof," he said, lamenting that "we have been told that Anglophones in Quebec are different from Francophones ”.
The head of Quebec solidaire, Manon Massé, also deplored the gap that is widening between French-speaking and English-speaking Quebecers with this judgment.
“We allow English-language school boards to wear religious symbols, while we do not allow French-language centers. It's worrying. That means that if you want to assert your rights, if you want to teach, go and teach on the English side. Ouch, that hurts, ”she said.
However, unlike the PQ leader, the solidarity groups do not support the law on the secularism of the State. This “discriminatory” law would be repealed in the event of a government formed by their party.
The State Secularism Act, adopted in June 2019, prohibits, among other things, elementary and secondary school teachers, principals, police officers and Crown prosecutors from wearing religious symbols while working.
Long battle to be expected
In the early afternoon on Tuesday, the Canadian Civil Liberties Association (CCLA) and the National Council of Canadian Muslims (CNMC) warned that the battle was not won and that they were never going to stop fight to ensure that all Quebecers are equal.
“We had hoped that the law would be invalidated in its entirety. This is not the outcome we were hoping for, ”ACLC's Talayeh Shomali told a virtual press conference.
In front of Westmount High School, teachers mentioned that this was good news for English school boards, even if there was still a lot to do for citizens in general. According to teacher Robert Green, Tuesday's judgment is a half-victory, because we still realize that fundamental rights are not protected in Quebec, he said. Mr. Green added that he had a thought for the students, including the teenage girls who wear the hijab, and who will not have the right to the same future as other young people. “It's not fair,” he said.
Almost at the same time, in front of the Montreal courthouse, the Mouvement laïque québécois (MLQ) also took the floor to express its reactions.
"We receive the judgment with a certain relief, because it maintains the law on secularism," said the vice-president of the MLQ, Lucie Jobin. But we regret that this maintenance is based only on the derogatory clauses. "
In his judgment , Judge Marc-André Blanchard suspended the application of the law for English-language school boards and elected officials. He also affirms that Bill 21 does not respect the Canadian Charter of Rights as a whole, but recalls that Quebec has applied exemption clauses to protect itself from it.
“This judgment calls into question Quebec's right to its specificity and our ability to make our choices for ourselves and for ourselves. Quebec cannot accept such intervention by the tribunal towards our collective decisions, ”defended Minister Jolin-Barrette.
“Quebec is a nation. Some are trying to divide us, but Quebec remains united. It is essential that the laws that govern us are in line with our core values, ”he added.
Divided oppositions
However, Bill 21 has never been unanimous in Quebec, where it is contested, or in the National Assembly. The opposition parties in turn commented on the judgment of Judge Marc-André Blanchard on Tuesday, with opposing reactions.
The leader of the Liberal Party, Dominique Anglade, first recalled that the official opposition would not maintain the exemption clauses on Bill 21 if it were brought to power.
"Today's judgment is a judicial step in a process that could certainly culminate in the Supreme Court," predicted Ms. Anglade.
In contrast, the leader of the Parti Québécois, Paul St-Pierre Plamondon, sees the judgment of the Superior Court as "striking proof that Quebec is not in a position to legislate on its territory".
"If you wanted proof of how the Canadian legal framework condemns us to the imposition of the multiculturalist model on Quebec territory [...] you have this proof," he said, lamenting that "we have been told that Anglophones in Quebec are different from Francophones ”.
The head of Quebec solidaire, Manon Massé, also deplored the gap that is widening between French-speaking and English-speaking Quebecers with this judgment.
“We allow English-language school boards to wear religious symbols, while we do not allow French-language centers. It's worrying. That means that if you want to assert your rights, if you want to teach, go and teach on the English side. Ouch, that hurts, ”she said.
However, unlike the PQ leader, the solidarity groups do not support the law on the secularism of the State. This “discriminatory” law would be repealed in the event of a government formed by their party.
The State Secularism Act, adopted in June 2019, prohibits, among other things, elementary and secondary school teachers, principals, police officers and Crown prosecutors from wearing religious symbols while working.
Long battle to be expected
In the early afternoon on Tuesday, the Canadian Civil Liberties Association (CCLA) and the National Council of Canadian Muslims (CNMC) warned that the battle was not won and that they were never going to stop fight to ensure that all Quebecers are equal.
“We had hoped that the law would be invalidated in its entirety. This is not the outcome we were hoping for, ”ACLC's Talayeh Shomali told a virtual press conference.
In front of Westmount High School, teachers mentioned that this was good news for English school boards, even if there was still a lot to do for citizens in general. According to teacher Robert Green, Tuesday's judgment is a half-victory, because we still realize that fundamental rights are not protected in Quebec, he said. Mr. Green added that he had a thought for the students, including the teenage girls who wear the hijab, and who will not have the right to the same future as other young people. “It's not fair,” he said.
Almost at the same time, in front of the Montreal courthouse, the Mouvement laïque québécois (MLQ) also took the floor to express its reactions.
"We receive the judgment with a certain relief, because it maintains the law on secularism," said the vice-president of the MLQ, Lucie Jobin. But we regret that this maintenance is based only on the derogatory clauses. "
One of the lawyers of the Movement, M e Guillaume Rousseau, added that the derogation clause allowed the choice of the National Assembly to prevail. M e Rousseau was advisor to the Minister Jolin-Barrette when drafting the law.
“It is therefore a victory for the derogation clause, for the freedom of conscience of the students. We can clearly see in that judgment that the notwithstanding clause is not arbitrary, it is a means for the legislator to make his vision triumph, ”he said.
Regarding the decision to suspend the application of the law in English schools, he asserted that “English school boards became states within the state. And that, for Quebec's autonomy in education, is really worrying ”.
“It is therefore a victory for the derogation clause, for the freedom of conscience of the students. We can clearly see in that judgment that the notwithstanding clause is not arbitrary, it is a means for the legislator to make his vision triumph, ”he said.
Regarding the decision to suspend the application of the law in English schools, he asserted that “English school boards became states within the state. And that, for Quebec's autonomy in education, is really worrying ”.
HUGO PILON-LAROSE
THE PRESSE
https://www.lapresse.ca/actualites/politique/2021-04-20/loi-sur-la-laicite-de-l-etat/quebec-fera-appel-du-jugement.php?utm_source=newsletter-la-matinale&utm_medium=email&utm_campaign=202104210632-redac-matinale-aws
THE PRESSE
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