Posts by Angela Lu
Canada’s Notwithstanding Clause: Not Standing With Fundamental Rights

On February 29, 2024, the Court of Appeal of Quebec issued a judgment on the constitutionality of Bill 21 (An Act Respecting the Laicity of the State) that immediately sparked outrage among civil liberties advocates. The controversial bill, passed by the National Assembly of Quebec in 2019, bans teachers, law enforcement officers, judges, and some other public employees from wearing religious symbols at work. This most recent ruling not only upheld the bill but also overturned an exemption that the Superior Court of Quebec had previously granted to staff of English schools in 2021. The dispute will likely move to the Supreme Court of Canada, with several organizations filing for leave to appeal. The Court of Appeal of Quebec’s ruling on Bill 21 ultimately highlights the manner in which the ambiguous language of Section 33 of the Canadian Charter of Rights and Freedoms enables the violation of basic rights across Canada.

Read More
Angela Lu