The Barreau du Québec, representing 32,000 lawyers in Quebec, has expressed serious concerns over the increasing use of the notwithstanding clause to bypass judicial review of laws that infringe on fundamental rights.
In its analysis of Bill 9, aimed at bolstering secularism in Quebec, the Bar highlights the potential risks of societal division and heightened polarization within the province.
Proposed by Minister Jean-François Roberge, Bill 9 seeks to expand religious neutrality requirements to various sectors, including daycare facilities. The legislation mandates the removal of face coverings in CEGEPs and universities, discontinues public funding for religious schools, and prohibits street prayers, which are deemed provocative by Roberge.
Of particular concern is Section 14 of Bill 9, which asserts the law’s authority despite provisions in the Canadian Charter that safeguard freedom of religion, expression, and equality. This move prompts the Bar to question the balance between public safety and the integrity of the legal system.
The Bar emphasizes that the Coalition Avenir Québec (CAQ) government has employed the notwithstanding clause in previous bills, such as Bills 21 and 96. This trend, along with the prohibition on challenging laws under Bill 1, raises alarms about the erosion of democratic principles and legal safeguards.
In response, the Bar advocates for a regulated use of the notwithstanding clause, proposing the enactment of a framework law to govern its application. The organization underscores the importance of safeguarding democratic values and legal dissent within the legal framework.
The Bar underscores the need to uphold the foundational principles of the legal system and to actively oppose legislative measures that undermine them.
