Quebec’s announced move to ban prayer in public spaces is being condemned by civil liberties advocates, while legal experts say it could further test the limits of the notwithstanding clause in Canada’s Charter of Rights and Freedoms.
Secularism Minister Jean-François Roberge said Thursday that he will table legislation this fall to outlaw public prayer, calling “the rise of street prayers” in Montreal and other parts of Quebec “a serious and sensitive issue.”
Roberge did not say if the government would invoke the notwithstanding clause, which would allow the bill to override certain sections of the Canadian Charter of Rights and Freedoms. Last year, Premier François Legault said he was considering that possibility while calling out prayers in the streets.
“The government probably feels confident that they would be able to shield this law with the notwithstanding clause,” said Joel Bakan, a constitutional law professor at the University of British Columbia.
He added that “it’s unlikely, though not impossible, that the government could persuade a court that it is a reasonable limit” on Section 2 of the Charter, which affords Canadians the freedom of religion and expression.
How could Quebec pass such a law?
The notwithstanding clause allows a province to override Section 2 and certain other fundamental rights outlined in the Charter, shielding legislation from being struck down by the courts as unconstitutional under those sections.
The clause covers legislation for five years, after which time a government must renew the bill for another five-year period or allow it to expire, or “sunset.”
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Quebec used the notwithstanding clause in 2019 to pass Bill 21, which prohibits certain public officials from wearing religious symbols, and renewed the law last year. The Supreme Court of Canada is currently considering a constitutional challenge…
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