The Formidability of Constitutional Challenges to Quebec’s Laicity Law

Abstract

The debate over Quebec’s Laicity law has recently permeated the Canadian national and constitutional discourse. In his brief filed with the Supreme Court of Canada on the Quebec’s Bill 21, the Federal Attorney General, Sean Fraser has urged the Supreme Court justices to set limits on the application of the section 33, known as the Notwithstanding Clause in the Charter of Rights and Freedoms. These remarks have sparked an immediate backlash from Quebec and certain other provinces such as Alberta and Ontario. The federal government’s expectation that the Supreme Court should restrict the invocation of section 33 reveals its lack of viable options to challenge Quebec’s Bill 21. Relying on the Supreme Court to place restrictions on the application of section 33 is not only an infeasible approach, but it also is conducive to triggering a constitutional crisis and intensifying federal/provincial conflict.