How a case about secularism in a Canadian province could affect the country as a whole

A controversial secularism law in Quebec is heading to Canada's Supreme Court - but the outcome will impact much more than religious expression in Canada, legal experts say. The case has the potential to test national unity and the balance between courts and elected officials.

"This case is probably going to be the most important constitutional case in a generation," said Christine Van Geyn, executive director at the Canadian Constitution Foundation. At the heart of the case is Bill 21, which bars civil servants like judges, police officers and teachers from wearing religious symbols at work.

It was passed in 2019, by the governing Coalition Avenir Quebec (CAQ). But to withstand legal challenges, legislators employed a unique Canadian invention, the controversial "notwithstanding clause". That legal loophole allows governments to override certain constitutional rights, including freedom of religion and equality rights.

The Canadian Civil Liberties Association (CCLA) called Quebec's arguments in court "spine-chilling". "Could a government invoke [the clause] to ban abortion? To criminalise political speech critical of the government? To legalise torture?" the CCLA wrote in a recent op-ed, external in French-language newspaper Le Devoir.

"According to the Quebec government's logic, even in such cases, the courts would not only be powerless but also bound to silence." On Monday, the court will begin four days of hearings on a constitutional challenge to Bill 21, with more than 50 interveners including the federal government.

As in France, Quebec's state secularism - or laïcité - is central to its identity. Similar to the concept of America's "separation of church and state", proponents of laïcité believe that state institutions should be religiously neutral. But what that means in day-to-day life has become the subject of much debate.

Supporters of Bill 21 argue it's a reasonable step towards enshrining the separation of church and state in Quebec, while critics say it is discriminatory, has made it more difficult for religious minorities to integrate, and that it unfairly targets Muslim women - though the legislation does not single out any religion.

In an attempt to insulate the legislation from legal battles, the CAQ pre-emptively included the "notwithstanding clause" in the bill. A secularism law some women say makes them feel like 'outsiders' heads to Canada's top court That clause is section 33 of the Canadian constitution.

It allows a provincial or federal government to override certain "fundamental freedoms" of religion, expression, and association; as well as legal and equality rights. The clause is in effect for a five-year period, which is meant to give time for voters to respond with political consequences if they disagree with the law.

It is subject to renewal, and in theory can be extended indefinitely. Polls suggest that a majority of people in Quebec support Bill 21 In the early 1980s, Canada was seeking to repatriate its constitution from the United Kingdom and to incorporate a Charter of Rights and Freedoms, similar to the US Bill of Rights.