Quebec court decision on Bill 21 poses a conundrum for Justin Trudeau - Action News
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Politics

Quebec court decision on Bill 21 poses a conundrum for Justin Trudeau

With the Quebec government announcing it plans to appeal Tuesday's court ruling on a law that bans public servants from wearing religious symbols at work, the prime minister faces re-election concerns as he considers whether to support a legal challenge.

Once supportive of a court challenge, prime minister now faces re-election concerns

Prime Minister Justin Trudeau during a news conference earlier this month. He previously challenged political rivals to possibly intervene in a legal battle against Quebec's secularism law but now says his minority government will observe the situation closely. (Adrian Wyld/The Canadian Press)

Seeking re-election In October 2019, Prime Minister Justin Trudeau baited his opponents over their lack of commitment to a court challengeagainst Bill 21, the controversial Quebec secularism lawthat bans public servants from wearing religious symbols at work.

"I am the only one on this stage who has said yes, a federal government might have to intervene on this," he said to his political rivals during a debate, "because the federal government needs to protect minority rights, needs to protect language rights."

"It's awkward politically," he acknowledged, citing the legislation's popularity in Quebec.

That might be an understatement now.

Although the federal Liberals held on to 35 seats in 2019 in the province, the Bloc Qubcois nipped at their heels surging in popularity as they marched in policy lockstep with Franois Legault's provincial Coalition Avenir Qubec government, including its stance on Bill 21.

The Quebec Superior Court on Tuesday upheld most of Bill 21, citing exemptions only for English-language school boards and elected members of the National Assembly.

Quebec plans to appeal ruling

The provincial government isunhappy with the decision, and the legislation may soon be headed back to court after barely emerging from the latest legal battle.

"There's only one state here in Quebec, there's only one law that applies for everybody," Justice Minister Simon Jolin-Barrette told reporters in announcing his decision to appeal the court ruling.

Quebec Justice Minister Simon Jolin-Barrette, left, and Premier Franois Legault shown two years ago. The provincial government intends to appeal Tuesday's Quebec Superior Court decision on Bill 21, unhappy with the exemptions granted. (Jacques Boissinot/The Canadian Press)

He warned that the decision to exempt English schools from the law could threatentodivide Quebecalong linguistic lines and create two categories of people in the province.

Even as itsproponents celebrated a partial victory on Tuesday, about 20demonstrators showed up in front of Legault's Montreal office.

Samira Laouni, with the organization Communication pour l'Ouverture et le Rapprochement Interculturel, or C.O.R., was among them. "With this law, we are curtailed in our rights and freedoms," she said, echoing a familiar refrain from groups representing religious minorities and people of colour who have repeatedly denounced Bill 21, alleging itperpetuatessystemic racism.

"If we have to go all the way to the Supreme Court of Canada, we will go to the Supreme Court of Canada," she said.

Samira Laouni joined about 20 demonstrators in Montreal on Tuesday outside Legault's office. 'With this law, we are curtailed in our rights and freedoms,' she said. (CBC)

The question of whether the federal Liberal governmentwould show up before the country's highest courtis unanswered for now.

"We saw that there was a decision. We recognize that there are legal proceedings underway," Trudeau said.

"We're not there," he said when asked about when the governmentmight intervene.

'I think that they are afraid of Franois Legault'

For political scientist Daniel Bland, Trudeau's biggest hope might be that Bill 21 won't make its waybefore the courts again until after Canadians return to the polls, expected sometime this year.

"Franois Legault remains a popular premier, despite what we saw in other provinces," said Bland, director of the McGill Institute for the Study of Canada.

He said thatas recently as last month,Legault was behind only B.C. PremierJohn Horgan for his handling of the COVID-19 pandemic.

Bland said the Liberals "paid a price during the last federal campaign because they didn't do what Franois Legault asked for, which is to stay out of that discussion."

"I think that they are afraid of Franois Legault."

With the Liberals likely to be banking on capturing more seats in Quebec in a bid to form a majority government, Bland said, Trudeauwould have to be more careful on this issue than his rivals.

Yet most of the other major parties approached by CBCNews said at this point, they would not challenge the bill.

Parties weigh in on law

"We will not challenge laws passed by provincial legislatures or assemblies in areas of their jurisdiction," the Conservative Party of Canada said in a statement, noting that it would never introduce this kind of legislation at the federal level.

"I do not support the law," Green Party Leader Annamie Paul said in a statement, adding she believes it violatesuniversal rights to freedom of expression and freedom of religious expression.

"A Green government led by me would have intervened in support of the legal challenges to Bill 21," she said.

NDP Leader Jagmeet Singh said in a statement, "It isn't a surprise, I am against this law like many Quebecers." He saidthe party would follow the situation closely.

With less to lose now that theparty has beenreduced to a single seat in Quebec, Blandpredicted the NDPcouldeventually choose to speak up more loudly.

"I think it's a different ball game politically," he said, suggesting Singh may be worried about what supporters outside of Quebec think of the law.

As for the Bloc Qubcois, leader Yves-Franois Blanchet did not mince words.

A billboard promoting Quebec's secularism law is shown in Ottawa in 2019. Bloc Qubcois Leader Yves-Franois Blanchet echoed the slogan on Tuesday, warning the federal government not to get involved in a legal challenge of Bill 21. (Stephane Richer/CBC)

"I"d like to be polite," he said, "but what I want to tell [Trudeau] again is: Mind your own business." He warned the prime ministernot to spend taxpayer dollarson a legal challenge ofthe decision.

"Quebec knows what's best for Quebec," Blanchetsaid, echoing the party's billboard campaign from the last time he was preparing to squareoff against Trudeau in an election.

With files from Jacques Bissonnet of Radio-Canada