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State shouldn't tell women what to wear, Trudeau says as Quebec promises ban on religious symbols

Prime Minister Justin Trudeau is urging Quebec's incoming premier to consider "the fundamental rights of Canadians" before proceeding with a plan to ban public employees from wearing religious symbols such as a hijab or kippa.

Those who don't comply with coming law will lose their jobs, representative for incoming government says

Prime Minister Justin Trudeau says the notwithstanding clause 'should only be used in exceptional cases.' (Adrian Wyld/Canadian Press)

Prime Minister Justin Trudeau is urgingQuebec's incoming premier to consider "the fundamental rights of Canadians" before proceeding with a plan toban some public employees from wearing religious symbols such as a hijab or kippa.

FranoisLegault said the banwould apply to civil servantsin positions of authority, including judges, prosecutors and police officers, as well as teachers. And he said he would be prepared to use the notwithstanding clause in the Charter of Rights and Freedoms if the ban is deemed unconstitutional.

Those who don't comply would lose their jobs, a representative for Legault'sincoming government said Wednesday.

Trudeau urged Legault to be cautious before usingthe notwithstanding clause to overturn a court challenge.

"The Charter of Rights and Freedoms is there to protect our rights and freedoms, obviously," Trudeau told reporters in Ottawa, adding that he believes the state should not "tella woman what she can or cannot wear."

"It's not something that should be done lightly because to remove or avoid defending the fundamental rights of Canadians, I think it's something with which you have to pay careful attention,'' he said.

Trudeau added that the notwithstanding clause, "asI've said in the case of Ontario, should only be used in exceptional cases and after a lot of reflection and deep consideration of the consequences."

Coalition Avenir Qubec, which won a majority in Monday's provincial election, wants topass a secular charter that would, in some respects, gofurther than the Quebec Liberals' religious neutrality law, which is alreadythe subject of aconstitutional challenge.

The notwithstanding clause is rarely used in Canada butlast month,new Ontario Premier Doug Fordthreatened to invokethe constitutional provisiontooverride a ruling that struck down the government's bill that would shrink the size of Toronto city council.

Teachers could lose their jobs,CAQsays

Members of Legault'sparty said Wednesday they were confident the law would not violate the charter, but that they would be prepared to invoke the clause if necessary.

"We always had a clear position on this. And now that we are the government, we will do what it takes," said GeneviveGuilbault, aCAQMNAwhose name has been floated as a possible deputy premier.

Guilbeaultsaid people affected by the law would be "free to relocate to another position that will not be in a position of authority, but it will be up to them, at that moment, to make the appropriate choice."

When asked by a reporter if that, essentially, means they would lose their job, she replied:"They will make the choice to no longer occupy the job if they wish to maintain the wearing of the religious sign."

At his first meeting with caucus members on Wednesday, Legaultstressed that his priorities for the CAQgovernment were improving the province's educationand health-care sectors.

But his pledge to restrict religious symbols and cut the number of immigrants have drawn the most attention since the election.

Anti-racism advocates are already planning a march in Montreal on Sunday against the CAQ'spolicies.

Quebec premier-designate Franois Legault addresses a meeting of his new caucus and defeated candidates in Boucherville, Que., on Wednesday. (Paul Chiasson/Canadian Press)

The CAQ faced questions, as well,on Wednesday about a supportive tweet for the party fromthe French far-right leaderMarine Le Pen over Legault'simmigration policy.

Guilbault said the CAQrejects "any association with Marine Le Pen and her political party."

"We are in Quebec a really inclusive and welcoming society," she said.

"Our main goal as a government is to integrate more, and better, the immigrants who chose to come here."