Canada, about to ban public religion in Quebec

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The Québec government recently introduced Bill 9, An Act respecting the reinforcement of laicity in Québec. The bill’s stated goal is to strengthen secularism (laicité) in the province, including by closing the public square to prayer – unless it is pre-authorized by the municipality.

Bill 9 builds on and significantly expands Bill 21, Québec’s 2019 state secularism law. Bill 21, now known as the Act respecting the laicity of the State, prohibits certain civil servants (for example, teachers and police officers) from wearing religious symbols in the workplace. Bill 9 pushes the idea of secularism much further and again invokes the notwithstanding clause to protect the law from constitutional challenge.

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1. Prohibit the use of public roads and public parks for collective religious practices without municipal pre-authorization

2. Allow municipalities to authorize collective religious practices only if they:
Do not compromise safety
Are brief
Are open/accessible to everyone (e.g. cannot exclude anyone on the basis of a Charter protected ground of discrimination)

3. Prohibit a person from limiting, hindering or disrupting religious practices in a place of worship
4. Limit the ability to make accommodation requests on the grounds of religion, including in the workplace, daycares, and schools

The bill defines religious practice as “any action” that reasonably constitutes “the manifestation of a religious conviction or belief,” other than wearing a religious symbol.

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