English Montreal School Board, et al. v. Attorney General of Quebec, et al. (Day 4/4) (41231)

English Montreal School Board, et al. v. Attorney General of Quebec, et al. (Day 4/4) (41231)

From Supreme Court of Canada Hearings (Floor Audio) by SCC Hearings Podcast

March 26, 2026 · 3h 32m

About this episode

This episode discusses the constitutional challenges to the Act respecting the laicity of the State in Quebec.

The Act respecting the laicity of the State was passed and assented to on June 16, 2019. Its purposes include affirming the laicity of the state in Quebec and specifying the general obligations arising therefrom, prohibiting the listed persons from wearing religious symbols in the exercise of their functions and requiring those persons to perform their functions with their face uncovered. The Act also contains provisions through which the legislature exercises the override power granted to it by s. 52 of the Quebec Charter and s. 33 of the Canadian Charter and permits the Act to apply notwithstanding certain rights and freedoms.Once the Act came into force, a number of persons, groups of persons and organizations brought separate proceedings challenging the constitutionality of the Act or certain of its provisions. They raised constitutional grounds, some of which were related to the Canadian Charter or the Quebec Charter. The Superior Court largely dismissed the challenge, except on two points. The Court of Appeal arrived at the same conclusions except as regards the educational language rights that s. 23 of the Canadian Charter guarantees to Canadian citizens belonging to…

Topics covered

  • Constitutional law
  • Laicity of the State
  • Educational language rights
  • Quebec legislation
  • Constitutional challenges

Keywords

  • Constitutional validity
  • Division of powers
  • Pre-Confederation legislation
  • Unwritten principles
  • Religious symbols

Mentioned in this episode

Organizations: English Montreal School Board, Attorney General of Quebec, Quebec Charter, Canadian Charter

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