The Manitoba government will move to take part in the fight against Quebec law on religious symbols if it appeals to the Supreme Court of Canada, says the provincial justice minister. “It’s a Quebec bill, but it has far-reaching implications for religious freedom in Canada in general,” Kelvin Goertzen said Monday. “Whenever these cases reach the Supreme Court … they set a precedent and often say things that have an impact on other pieces of legislation.” Quebec law, commonly referred to as Bill 21, prohibits public sector employees considered to have positions of power – including teachers, judges and police officers – from wearing religious symbols at work. Last year, Quebec Supreme Court Justice Marc-Andre Blanchard ruled that the law had harsh and inhumane consequences for those wearing religious symbols. However, it ruled that most of the bill should be allowed to take effect because Quebec invoked the derogation clause. The judge rejected provisions regarding English-language school boards and a ban on members of the district legislature from wearing face masks. Both the Quebec government and opposition groups have appealed to the Quebec Court of Appeals. Goertzen said it was almost certain that a further appeal would be lodged with the Supreme Court of Canada. Federal Justice Minister David Lametti announced last month that the federal government would take part in a legal action before the Supreme Court. Gerzen said Manitoba would also seek intervention to protect religious rights under the Charter of Rights and Freedoms. The Progressive Conservative government had previously said it was considering doing so, but Gerzen said Monday he was committed to the idea and instructed the Justice Department to prepare. “While the Charter and other principles of religious freedom speak of state neutrality, what Quebec is looking at is not what I would argue is neutrality,” Gerzen said. “Neutrality means that the state does not promote one religion over another. This is not the same thing as banning or banning religious symbols.” In 2019, the Manitoba government took out newspapers and digital advertisements in Quebec to try to persuade civil servants there to move to Manitoba if they felt threatened by the ban on religious symbols. Brian Palister, then prime minister, also wrote letters to professional organizations, colleges and other entities in Quebec urging public sector workers to move west. No acceptance of this offer was reported. Quebec Prime Minister François Lego defended Bill 21 as a legal way to ensure secularism in the public sector. He said the law was widely supported by the Quebec and was passed democratically. This report by The Canadian Press was first published on June 13, 2022.
