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After Quebec's Court of Appeal rejected request for injunction on sections of Bill 21- NCCM to challenge the decision in the Supreme Court of Canada.
12-23-2019
After the decision The National Council of Canadian Muslims (NCCM) and the Canadian Civil Liberties Association (CCLA) have received the decision of the Quebec Court of Appeal.
Thursday December 12, Quebec Court of Appeal had upheld Bill 21 and rejected request for injunction on sections of Bill 21.
All three judges had serious criticisms of Bill 21, or the Laicity Act, acknowledging it causes "irreparable harm" to those affected, but the majority ruled the law should be allowed to stand until the constitutional challenges are heard in Quebec Superior Court.
That came as a huge disappointment to those those advocating against Bill 21, who say it's already having serious repercussions on the daily lives of people it affects.
However, Bill 21 bars public school teachers, as well as police officers and government lawyers and some other civil servants, from wearing religious symbols — such as hijabs or turbans — while at work.
Quebec's Coalition Avenir Québec government invoked closure to push the law through this summer, including the notwithstanding clause to override sections of the Canadian Charter of Rights and Freedoms. Teachers hired before March 29, 2019, are exempt from the law, unless they change jobs or are promoted.
After the decision, National Council of Canadian Muslims (NCCM) expressed their disappointment.
“While we are disappointed with the result, we never thought that fighting for the rights of Quebecers and Canadians would be easy,” said Mustafa Farooq, Executive Director of the National Council of Canadian Muslims, “We are reviewing our options now. We will always stand to protect the rights of all Quebecers.”
“Today’s devastating decision brings no relief to the teachers who cannot work in their professions, the parents worried about supporting their children, and the individuals concerned for their future. This suffering has been imposed for no other reason than what one wears, how one practices religion, or the fact that one looks ‘different’ than the majority,” said Noa Mendelsohn Aviv, Equality Program Director at the Canadian Civil Liberties Association. “We are not done fighting this unjust law.”
On Wednesday, December 18, NCCM issued a statement to seek a leave to appeal Bill 21 decision.
The National Council of Canadian Muslims (NCCM) and the Canadian Civil Liberties Association, along with the plaintiff Ichrak Nourel Hak, have sent formal correspondence to the Supreme Court of Canada announcing their intention to seek leave at the Supreme Court of Canada on an expedited basis in relation to the 2-1 decision of the Quebec Court of Appeal on Bill 21. The majority in that decision declined to suspend the law.
“We told Quebecers and Canadians that we would not stop our work until this unjust law has been defeated” said Mustafa Farooq, Executive Director of the National Council of Canadian Muslims, “Respectfully, we believe that there are errors of law in the majority decision. Therefore, we will do what we promised. While teachers and other public sector workers are being forced out of their jobs, we will seek leave from the SCC to halt the serious and irreparable harm that Bill 21 causes”.
Noa Mendelsohn Aviv, Equality Director at the Canadian Civil Liberties Association said: “A harsh blow was dealt last week to many faith-based and vulnerable communities, particularly Muslim women. Our unwavering resolve to keep fighting for marginalized people in Canada, and our commitment to justice and equality, are why we urge everyone to stand together against the religious symbols ban. We can and must defeat this law.”
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